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EXHIBIT E <br /> CONTRACT PROVISIONS FOR CONTRACTORS AND SUBCONTRACTORS <br /> REGARDING CONSTRUCTION SALES AND USE TAX <br /> Subject to applicable laws and regulations, Developer's Contractor shall comply with the <br /> provisions of Section 3.13 to provide that local sales and use taxes generated in connection with <br /> all eligible purchases of materials,fixtures, furniture, machinery,equipment and supplies for the <br /> work to be performed hereunder are allocated directly to the City of Pleasanton (the "City"). In <br /> particular,Contractor shall: <br /> (a) Apply for a jobsite sub-permit with the California State Board of Equalization("CBOE") <br /> prior to the purchase of any materials,fixtures, furniture,machinery,equipment and supplies <br /> for the work to be performed hereunder(a "Jobsite Sub-Permit"). Upon the request of <br /> Developer,Contractor shall furnish a copy of its application for Jobsite Sub-Permit. <br /> Promptly following Contractor's receipt of a Jobsite Sub-Permit from the CBOE,Contractor <br /> shall provide Developer and the City with a copy of such Jobsite Sub-Permit. <br /> (b) If Contractor is a seller and/or retailer of tangible items,apply for a seller's permit from the <br /> CBOE and provide the City with a copy of such seller's permit when it is received by <br /> Contractor from the CBOE. <br /> (c) (i) Incorporate a"transfer of title clause" in contracts for the purchase of materials and <br /> fixtures to be used in connection with the work to be performed hereunder,and(ii) issue <br /> resale certificates to Contractor's suppliers,whether based in state or out of state, when <br /> purchasing materials and fixtures. The"transfer of title clauses" in such purchase contracts <br /> shall:(A) explicitly provide for the transfer of title to the materials prior to the time materials <br /> are installed,and(B) separately state the price of materials,exclusive of the charge for <br /> installation. <br /> (d) Provide the Developer and the City, upon the reasonable request of either, with: <br /> (A) A list of contractors and subcontractors in connection with the work to be performed <br /> hereunder,which list shall include(unless such information requires the disclosure of <br /> confidential information,trade secrets,or information that impairs the Developer's <br /> ability to gain pricing advantages relative to materials and services): <br /> (i) Name of subcontractor <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 /> 4412928 2 -21- <br /> June 5 2021 <br />