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(i) Name of contractor <br /> (ii) Address and telephone number of headquarters or office <br /> (iii) Name and telephone number of contact person <br /> (iv) Estimated value of the contract <br /> (v) Estimated completion date <br /> (vi) Scope of work <br /> (2) A complete copy of each contract with each such contractor (which may have <br /> confidential information redacted). <br /> (d) City's Remedies. If the City determines that any contractor or subcontractor has not <br /> complied with the provisions set forth in its Agreement with the Developer or Developer's <br /> contractor, as the case may be, City may pursue an action against contractor or <br /> subcontractor for a non-compliance penalty of the greater of$10,000 or the sales or use tax <br /> revenue that City would have gained had contractor or subcontractor properly complied <br /> with the provisions of this Section 3.10. <br /> (e) Subject to Applicable Law. The obligations set forth in this Agreement shall in all cases <br /> be subject to applicable laws and regulations, including without limitation the California <br /> Sales and Use Tax Law, and in no event shall Developer (or any of its contractors or <br /> subcontractors) be required to do anything that is in violation of or inconsistent with such <br /> laws and regulations. <br /> Article IV. City Obligations. <br /> Section 4.01 Protection of Vested Rights. To the maximum extent permitted by law, City shall <br /> take any and all actions as may be necessary or appropriate to ensure that the vested rights provided <br /> by this Agreement can be enjoyed by Developer and to prevent any City Law from invalidating or <br /> prevailing over all or any part of this Agreement. City shall cooperate with Developer and shall <br /> undertake such actions as may be necessary to ensure this Agreement remains in full force and <br /> effect. City shall not support, adopt, or enact any City Law, or take any other action which would <br /> violate the express provisions or intent of the Project Approvals or the Subsequent Approvals <br /> (defined below). <br /> Section 4.02 Availability of Public Services. To the maximum extent permitted by law and <br /> consistent with its authority,City shall assist Developer in reserving capacity for sewer,water and <br /> any other services as may be necessary to serve the Project. <br /> Section 4.03 Developer's Right to Rebuild. City agrees that Developer, at Developer's sole and <br /> absolute discretion,may renovate or rebuild the Project within the Term of this Agreement(before <br /> or after completion) should it become necessary, including, but not limited to a natural disaster, <br /> changes in seismic requirements, commercially not feasible, functionally outdated, or <br /> technologically obsolete reasons. Any such renovation or rebuilding shall be subject to the square <br /> footage vested by this Agreement,and shall comply with the Project Approvals,the building codes <br /> existing at the time of such rebuilding or reconstruction, and the requirements of CEQA <br /> 4412928_2 -9- <br />y requested by the City, <br /> provide the City's Finance Department with (unless such information requires the <br /> disclosure of confidential information, trade secrets, or information that impairs the <br /> Developer's ability to gain pricing advantages relative to materials and services): <br /> (1) A list of the Developer's contractors and subcontractors who will or have performed <br /> construction services or who will or have furnished materials for the construction of <br /> the Project, which list shall include the following items: <br /> 4412928_2 -8- <br />