ORD 2218 - Laserfiche WebLink

disclosure of confidential information, trade secrets, or information that impairs the Developer's ability to gain pricing advantages relative to materials and services): (1) A list of the Developer's contractors and subcontractors who will or have performed construction services or who will or have furnished materials for the construction of the Project, which list shall include the following items: (i) Name of contractor (ii) Address and telephone number of headquarters or office (iii) Name and telephone number of contact person (iv) Estimated value of the contract (v) Estimated completion date (vi) Scope of work (2) A complete copy of each contract with each such contractor (which may have confidential information redacted). (d) City's Remedies. If the City determines that any contractor or subcontractor has not complied with the provisions set forth in its Agreement with the Developer or Developer's contractor, as the case may be, City may pursue an action against contractor or subcontractor for a non-compliance penalty of the greater of$10,000 or the sales or use tax revenue that City would have gained had contractor or subcontractor properly complied with the provisions of this Section 3.10. (e) Subject to Applicable Law. The obligations set forth in this Agreement shall in all cases be subject to applicable laws and regulations, including without limitation the California Sales and Use Tax Law (See Cal. Rev. and Tax Code §§6006 et. seq.), and in no event shall Developer(or any of its contractors or subcontractors)be required to do anything that is in violation of or inconsistent with such laws and regulations. Article IV. City Obligations. Section 4.01 Protection of Vested Rights. To the maximum extent permitted by law, City shall take any and all actions as may be necessary or appropriate to ensure that the vested rights provided by this Agreement can be enjoyed by Developer and to prevent any City Law from invalidating or prevailing over all or any part of this Agreement. City shall cooperate with Developer and shall undertake such actions as may be necessary to ensure this Agreement remains in full force and effect. City shall not support, adopt, or enact any City Law, or take any other action which would violate the express provisions or intent of the Project Approvals or the Subsequent Approvals (defined below). Section 4.02 Availability of Public Services. To the maximum extent permitted by law and consistent with its authority, City shall assist Developer in reserving capacity for sewer,water and any other services as may be necessary to serve the Project. Section 4.03 Developer's Right to Rebuild. City agrees that Developer, at Developer's sole and absolute discretion, may renovate or rebuild the Project within the Term of this Agreement(before 4412928 2 -9- June 5 2021