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(4) Developer or Developer's contractors, subcontractors, agents or <br /> employees, fail to comply with any terms or conditions of this Agreement. <br /> (5) Any delay in the construction of any portion of the Work or repairs, which <br /> in the reasonable opinion of the City Engineer, endangers public or private property. <br /> City may serve written notice of breach and default upon Developer and the financial institution <br /> holding the securities. <br /> 24. Opportunity to Cure. If City gives Developer notice under Section 23 of breach <br /> and default of this Agreement, Developer shall have 30 days within which to correct, remedy or <br /> cure the default; provided, however, if more than 30 days are reasonably required to correct, <br /> remedy or cure the default and the City approves in writing, Developer shall be required to <br /> commence such correction, remedy or cure within such 30 day period and to thereafter diligently <br /> pursue the same to completion.. If the written notification states that the problem is urgent and <br /> relates to the public health and safety, then Developer shall have 24 hours to correct, remedy or <br /> cure the default. If Developer does not cure the default within the applicable timeframe, City <br /> may pursue the remedies set forth in Section 25 below. <br /> 25. Remedies. <br /> 25. 1 City may proceed to complete the Work by contract or other method City <br /> considers advisable, at the sole expense of Developer. Developer, immediately upon demand, <br /> shall pay the City's actual costs and charges related to the Work and any subsequent repairs (as <br /> evidenced by supporting documentation in reasonable detail). City, without liability for doing <br /> so, may take possession of and utilize in completing the Work and repairs, if any, such materials <br /> and other property belonging to Developer as may be on or about the Property and necessary for <br /> completion of the work. In the event of default, the financial institution holding the securities <br /> shall be liable to City to pay the face amount of the security, as specified under Section 13. <br /> 25.2 City may bring legal action to compel performance of this Agreement and <br /> recover the City's actual costs of completing the Work and/or repairs, if any, including City's <br /> administrative and legal costs or pursue any other action at law or equity. <br /> 25.3 Developer agrees that if legal action is brought by City under this section <br /> of the Agreement, Developer shall pay all of the costs of suit, reasonable attorney fees, <br /> arbitration costs 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 <br /> shall operate as a waiver of any other right or remedy that City may have hereunder. <br /> 25 .5 The rights and remedies of City are cumulative, and the exercise by City <br /> of one or more of such rights or remedies shall not preclude the exercise by it, at the same or <br /> different times, of any other rights or remedies for the same default or any other default. <br /> 26. Final Drawings. Upon completion of the Work and prior to final acceptance, <br /> Developer shall deliver to City a set of "as-built" or "record" drawings consistent with the <br /> Conditions. These drawings shall be in a form acceptable to the City Engineer, shall be certified <br /> REV: 06-22-16 JS <br /> Page 11 of 15 <br /> ATTY/AGR.2016.159/Centrum Owners Association - IA <br />