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loss, liability, damage, claim, cost, expense and/or /or "in r aced costs"' (including reasonable
<br />attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with
<br />the development, construction as deft n d by applicable law) operation of the Project,
<br />including, without limitation, any and all public works as defined by applicable law), results or
<br />arises in any way from any of the following; i the noncompliance by the Developer with any
<br />applicable local, state and/or federal law or regulation, including, without limitation, are
<br />applicable federal and/or state labor laws or regulations (including, without limitation, if
<br />applicable, the requirement to pair state and/or federal prevailing wages)-, (ii) the implementation
<br />of Section 1781 of the Labor Code and/or of Davis Bacon, as the same may be amended from
<br />time to time, or any other similar tar or regulation; and/or (iii) failure by the Developer to
<br />provide any required disclosure or identification as required by Labor Code Section 1781 and/or
<br />by Davis Bacon, as the same may be amended from time to time, or any other similar law or
<br />regulation. If and only if the representation and warranty provided by the Agency to the
<br />Developer in this Section 12 remains true, correct and complete in every respect, it is agreed by
<br />the parties that, in connection with the development acid construction as defined by applicable
<br />law or regulation) of the Project, including, without limitation, any and all public worts as
<br />defined by applicable law or regulation), the Developer shall bear all risks of payment or non-
<br />payment of prevailing gages under applicable federal, state and local law or regulation and/or
<br />the implementation o f Labor Code Section 1781 and/or by Davis Bacon, as the same may be
<br />amended from time to time, and/or any other similar law or regulation. "Increased costs,"" as
<br />used in this Section 12, shall have the meaning ascribed to it in Labor Code Section 1781, as the
<br />same may be amended from time to time. The foregoing ind mnit shall survive termination of
<br />this Agreement and shall ontinu a after completion of the construction and development of the
<br />Project by the Developer.
<br />13. Following delivery and recordation of this Grant Deed and during the
<br />construction, the Developer shall use all reasonable efforts to not allow to be placed on the
<br />Agency Parcel or any part thereof any lien or stop notice. If a claim of a lien or stop notice is
<br />given or recorded affecting the Agency parcel or the Developer Improvements or any portion
<br />thereof by reason of Developer's p redevelop men t, development and/or construction activity, the
<br />Developer shall within thirty days of such recording or service or within five days of the
<br />Agency's demand whichever last occurs:
<br />(a) pay and discharge the same; or
<br />(b) affect the release thereof by recording and delivering to the
<br />Agency a surety bond in sufficient form and amount, or otherwise; or
<br />(c) provide the Agency with other assurance which the Agency deems,
<br />in its reasonable discretion, to be satisfactory for the payment of such lien or bonded s top notice
<br />and for the full and continuous protection of Agency from the effect of such lien or bonded stop
<br />notice.
<br />The covenants established in this Grunt Deed shall, without regard to technical
<br />classification and designation, be binding for the benefit and in favor of Agency and its
<br />successors and assigns, and shall remain in effect in perpetuity.
<br />ATTACHMENT NO. 3-8
<br />DO OCI 14 0067 3v 141200272 -0001
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