8F Consent 2008 0902 - Laserfiche WebLink

Home

15. All Claims Referred to Surety. Obligee agrees to refer all inquiries to Surety related to payment of suppliers and Contractors on Projects, 16. Warranties. It is understood and agreed that upon completion of the Project the Surety and Completing Contractor(s) shall be responsible for any warranty obligations as set forth in the Contract. 17. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Obligee. 18. No Modification Except in Writing, This Agreement cannot be modified except in a writing signed by all Parties. 19. Conflict Among Documents. Incase of conflict between the provisions of this Agreement and the provisions of the Contract andlor Performance and Payment Bonds, the documents in this following order shall control: (1) this Agreement; (2) Performance and Payment Bonds; and (3) the Contract. Further, this Agreement, the Contract and the Performance and Payment Bonds constitute the entire agreement between Obligee and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description, 20. Law Applies and Dispute Resolution. This Agreement and the performance under this Agreement, shall be governed by, and construed in accordance with, the laws of the State of California and that, in any suit, action, or proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum. The parties agree that any dispute arising out of, or related to this Agreement or the contract shall be resolved in accordance with the provisions of the California Public Contract Code. The exclusive venue for a petition to compel arbitration;. litigation or any suit, action or proceeding shall be the appropriate court as set forth in the Contract. 21. No Waiver. The failure of either party to exercise in any respect a right provided for in this Agreement, the Bond or the Contract shall not be deemed to be a subsequent waiver of the same right or of any other right unless expressly agreed to by the party in writing, 22. Severability. The invalidity or enforceability of any particular provision of this Agreement shall not affect the other provision of this Agreement and the Agreement shall be construed as if the invalid or unenforceable provisions were omitted. 23. Additional Documents. The parties agree to execute, acknowledge and deliver such other instruments, releases or documents as may be reasonably necessary to carry out or fulfill each party's covenants and obligations under this Agreement. 24. Survival of Warranties. All representations and warranties made in this Agreement shall survive the execution and delivery of this Agreement and the consummation of the transaction contemplated thereby. 25. Counterparts. This Agreement may be executed in any number of counterparts Page 5 of 6