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6. SCRRA and CITY books pertaining to the work covered by this AGREEMENT <br />shall be open to inspection and audit by representative of the SCRRA and CITY <br />for three (3) years after payment of final invoice. If funding is provided by State <br />and FHWA, under Section 130, the books pertaining to the work shall be open to <br />inspection and audit by representative of the State and FHWA for three years (3) <br />after FHWA payment of final invoice. <br />7. The execution and delivery of this AGREEMENT by each party and the <br />consummation of the transactions contemplated hereby are within the power of <br />each party and have been duly authorized by all necessary actions of each <br />respective party. <br />8. This AGREEMENT and the exhibits attached hereto contain the entire <br />understanding between the parties and supersede any prior written or oral <br />understanding and agreement between them regarding the subject matter of this <br />AGREEMENT. There are no representations, agreements, arrangements or <br />understandings, oral or written, between the parties relating to the subject matter <br />of this AGREEMENT, which are not fully expressed herein. <br />9. In addition to the specific provisions of this AGREEMENT, delay in performance <br />by any party hereunder shall not be a default where delays or defaults are due to <br />war; insurrection; strikes; lock -outs; riots; floods; earthquakes; weather; fires; <br />casualties; accidents; emergencies; acts of God; acts of the public enemy; <br />epidemics; quarantine restrictions; freight embargoes; lack of transportation; <br />unusually severe weather; Federally- mandated inspections and maintenance; <br />and /or any other causes beyond the control or without the fault of the party <br />claiming an extension of time for any such cause. An extension of time for any <br />such cause shall only be for the period of the enforced delay, which period shall <br />commence to run from the time of commencement of the cause. If, however, <br />notice by the party claiming such extension is sent to the other party more than 30 <br />days after the commencement of the cause, the period shall commence to run <br />only 30 days prior to the giving of such notice. <br />10. Each party to this AGREEMENT covenants and agrees that each party shall carry <br />out all construction and other work in connection with the PROJECT, and any <br />other work performed pursuant to this AGREEMENT, in compliance with all <br />applicable laws, including but not limited to, all applicable federal and state <br />occupational, safety and health standards, nondiscrimination requirements, <br />accessibility for the disabled, and prevailing wages <br />11. In the event any part of this AGREEMENT is declared by a court of competent <br />jurisdiction to be invalid, void or unenforceable, such part shall be deemed <br />severed from the remainder of the AGREEMENT and the balance of the <br />AGREEMENT shall remain in effect. <br />12. This AGREEMENT shall be construed and interpreted under the laws of the State <br />Grade Crossing Satetv Enhancement Project Page 9 of 14 Construction and Maintenance Agreement <br />City of Santa Ana <br />