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shall terminate, release, return and reconvey any surety bond given to City respecting the <br />Lot 2 Improvements pursuant to this paragraph and shall refund to Owner (or such other <br />party that has provided such deposit) the unused portion (if any) of any cash deposit <br />provided to City pursuant to this paragraph in connection with the Lot 2 Improvements. <br />5.4 Additional Requirements. Owner, City, Westlake Infrastructure, LLC, <br />Alameda Housing Associates, L.P. (with respect to Lot 2 Improvements), and the State <br />of California- Department of Housing and Community Development (if required) shall be <br />the only obligees named on any security instrument required by this Agreement. All <br />security instruments and deposits required herein shall conform to the provisions of <br />Chapter 5 of the Subdivision Map Act. <br />Owner shall enter into an agreement with each surety providing security <br />pursuant to this Section 5 that shall specify that no extension of time for construction <br />commencement or completion, no alteration made in the Plans, and no modification of <br />this Agreement shall operate to release such surety from liability on any security <br />provided pursuant to this Agreement, that the surety consents to all such extensions, <br />alterations and modifications, and that the surety waives the provisions of Section 2819 <br />of the California Civil Code and waives notice of any such extension, alteration or <br />modification. Owner shall increase the dollar amount of the bonds or other instruments <br />securing performance, payment, and maintenance with respect to Lot 1 Improvements <br />to reflect any extension, alteration or modification that results in an increase in the cost <br />of the Lot 1 Improvements, and Owner shall increase the dollar amount of the bonds or <br />other instruments securing performance, payment, and maintenance with respect to Lot <br />2 Improvements to reflect any extension, alteration or modification that results in an <br />increase in the cost of the Lot 2 Improvements. <br />6. Warranty; Repair or Reconstruction of Defective Work. Except as otherwise <br />expressly provided in this Agreement, and excepting only items of routine maintenance, <br />ordinary wear and tear, and unusual abuse or neglect, Owner guarantees all work <br />executed in connection with the Public Improvements and all supplies, materials and <br />devices incorporated in, or attached to the work, or otherwise delivered to City as part of <br />the work pursuant to this Agreement, to be free of all defects of workmanship and <br />materials for a period of one year after initial acceptance of the entire work by City. All <br />manufactured products specified for the Improvements shall have extended warranties <br />as available from the companies that supply the products. All such warranties shall be <br />transferred to the City prior to final acceptance of the Public Improvements. These <br />warranties shall cover both replacement of parts and the labor necessary to have the <br />equipment in proper working order. <br />Owner shall repair or replace all work or material (together with all other work or <br />materials which may be displaced or damaged in so doing), that may prove defective in <br />workmanship or material within the one-year guarantee period provided pursuant to this <br />Section 6 without expense or charge to City. Owner further covenants and agrees that <br />when defects in design, workmanship and materials actually appear during the <br />guarantee period and have been corrected, the guarantee period shall automatically be <br />1328680-7 7 <br />