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�51 City may proceed to complete the Work by contract or other method City <br /> considers advisable, �.t the sole expense of Developer. Daveloper, immodiately upon dernand, <br /> sh�11 pay the costs and charges related to thc Work and any sub5equent rep�irs. City, without <br /> liability for doing so, may takc possession of and utiliu in completing the Work and rtpairs, if <br /> any,such rrn�tcrials and other pmporty belonging to Developer as may lx on or about the Property <br /> and nece�for completion of thz work. In tht event of�fault,the financial institution holding <br /> the securities shall be liable to City to pay the face amount of thc seeurity, as specified under <br /> Section 13. <br /> 25 2 Cifiy m�y bring legal �crion to compel performance of tlus Agreement �nd <br /> recover the costs of completing the Work and/or repairs, if any, including City's adtninistrative <br /> and legal costs or pursue any other action at law or equity. <br /> 25 3 Developer agrees that if le�l action is brought by City under this section of the <br /> Agroement,Developer sha11 pay all of the costs of suit,roasonable attorney fees,arbitration costs <br /> and such other costs as may be determined by the court or arbitrator. <br /> 25,4 No failure on the part of City to exercise any right or remedy hereunder shall <br /> operate as a waiver of any other right or remedy that City may have hereunder. <br /> 25 5 The rights and remedies of City aze cumulative, and tho exercise by City of one <br /> or more of such rights or rcmedies shall not precliule the exercise by it, at the same or different <br /> time�,of any othez rights or remedies for the sarne default or any other defaul� <br /> 26. Fina1 Drawings. Upon completion of the Work and prior to final acceptance,Developer <br /> shall deliver to City a set af"as builY'drawings consist�nt with the Conditions. Those drawings shall be <br /> in�form acceptable ta the City Engineer,shall be certified as being"as built"and shall reflect the Work <br /> as actually constcucted,with any and a11 changes incorporated therein. Said drawings shall be signed and <br /> sealed as accurate by the engineer of record. <br /> 27. Monu�tents. All pipes and monuments shown on the Final Map which are dtstroyed or <br /> displaced durin�construction operations shall be nplaced by Developer at the time of the final inspection <br /> of the Improvements,if any. <br /> 28. Attorneys'�ees. Should any legal action or arbitration be brought by eithcr p�rty because <br /> of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be <br /> entitled to all costs of suit, reasor�ble attomeys' fees, arbitration costs and such other costs as may be <br /> deternuned by the court or ar�itrator. <br /> 29. Notices. Any notices relating to this Agrxment shall be given in writing and shall be <br /> deemed sufficiently given and sorved for all purposeg when delivered personally or by generally <br /> recognized overnight courier service, or five (5) c}ays �fter dcposit in the United States mail, certified or <br /> registered,return receipt requested,with postage prepaid,addr�ssed as follows: <br /> To the Developer: RWC ECR Venture,LLC <br /> 221 Main Street#1280 <br /> San Francisco,CA 94105 <br /> Attn: Jonathan Hayes <br /> With a copy to: Rutan&Tucker <br /> 611 Anton Blvd, 14�'Flr <br /> R�V:01-21-16 VR <br /> Pa�ge 10 of19 <br /> ATTY/AGR.2016.OQ9/RWC ECR Venture, LLC-IA <br />