08 ATTACHMENT 4 - Laserfiche WebLink

13.4 Vulcan. The parties all acknowledge and agree that any review, comment, consultation, coordination, consent, or approval by Vulcan or any of its Representatives or contractors with respect to any component or item of any improvements, plans, specifications, or signage governed or contemplated by this Agreement (including but not limited to any such item or component depicted or designated in any exhibit to this Agreement) are provided solely as an accommodation to the other parties and shall in no event constitute any representation, warranty or agreement by Vulcan or any of its Representatives or contractors, express or implied, with respect to the completeness, sufficiency, adequacy, utility, safety, or functionality of the component or item submitted or any construction, installation or improvement contemplated by such submittal. The Jurisdictions and Authority hereby unconditionally and irrevocably waive and release Vulcan and its Representatives and contractors from any and all Glaims for any personal injury, death, property damage or other damages that arise directly or indirectly from the design, construction and/or maintenance of any Improvements. The Jurisdictions represent and warrant that they have had adequate opportunity and ability to conduct, at all appropriate times, any and all inspections, tests and investigations of the Dedication Parcel deemed necessary or appropriate by the Jurisdictions. County or Pleasanton, as applicable, accepts the grant of the Dedication Parcel pursuant to Section 3.12, in its "AS IS" and "WITH ALL FAULTS" condition and without any representations or wan-anties by Vulcan, express or implied, with respect to the physical or environmental condition or any other aspect of the Dedication Parcel or its fitness for any particular use or purpose, and hereby unconditionally and irrevocably waive and release Vulcan and its Representatives and contractors from any and all Claims based thereon. In connection with the waivers and releases set forth above, the Jurisdictions and the Authority hereby waive the provisions of Section 1542 of the Civi I Code of the State of California (and any successor statute(s)}, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 13.5 Survival. The provisions of this Section 13 shall survive the expiration or termination of this Agreement. 14. BONDING & COMPLETION. 14.1 Requirements. Any and all performance or payment bonds required under this Agreement shall be in an amount equal to one hundred percent (100%) of the estimated value of the work at the time of award of the contract for the construction or installation thereof. All bonds shall include, as part of the obligations secured by the bonds and in addition to the face amounts of the bonds, all costs, expenses and fees, including attorneys' fees, that may be incurred by any obligee in enforcing the bonded obligations. 14.2 Vulcan. Any bonds required by this Agreement or otherwise required by any of the Jurisdictions in connection with the construction, installation or maintenance of any Improvements shall name Vulcan as a co-obligee thereunder. Vulcan shall not enforce any of its rights under such bonds prior to providing written notice to the other parties and a cure period of not less than thirty (30} days. 14.3 Livermore. Livermore hereby covenants to Vulcan that Livermore shall take reasonable and good faith steps, at no cost to Vulcan, to enforce any bonds required by this Agreement or otherwise required by Livermore related to the construction and completion of any Improvements. Upon commencement of construction of any of the Bl Charro and Intersection Improvements or Livermore Additional Improvements Livermore covenants, represents and warrants to Vulcan that Livermore shall thereafter diligently pursue construction of such improvement to completion in a timely manner, and within the time periods set forth in Sections 3.2 and 4.1 above. 002483.00041793691.13 23