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to correct, remedy or cure the default. If Developer does not cure the default within the <br /> applicable timeframe, City may pursue the remedies set forth in Section 26 below. <br /> 25. Remedies. <br /> 25. 1 City may proceed to complete the Work by contract or other <br /> method City considers advisable, at the sole expense of Developer. Developer, <br /> immediately upon demand , shall pay the costs and charges related to the Work <br /> and any subsequent repairs. City, without liability for doing so, may take <br /> possession of and utilize in completing the Work and repairs, if any, such <br /> materials and other property belonging to Developer as may be on or about the <br /> Property and necessary for completion of the work. In the event of default, the <br /> financial institution holding the securities shall be liable to City to pay the face <br /> amount of the security, as specified under Section 13 . <br /> 25 .2 City may bring legal action to compel performance of this <br /> Agreement and recover the costs of completing the Work and/or repairs, if any, <br /> including City's administrative and legal costs or pursue any other action at law or <br /> equity. <br /> 25.3 Developer agrees that if legal action is brought by City under this <br /> section of the Agreement, Developer shall pay all of the costs of suit, reasonable <br /> attorney fees, arbitration costs and such other costs as may be determined by <br /> the court or arbitrator. <br /> 25.4 No failure on the part of City to exercise any right or remedy <br /> hereunder shall operate as a waiver of any other right or remedy that City may <br /> have hereunder. <br /> 25 .5 The rights and remedies of City are cumulative, and the exercise by <br /> City of one or more of such rights or remedies shall not preclude the exercise by <br /> it, at the same or different times, of any other rights or remedies for the same <br /> default or any other default. <br /> 26 . Final Drawings. Upon completion of the Work and prior to final <br /> acceptance, Developer shall deliver to City a set of "as-built" drawings consistent with <br /> the Conditions. These drawings shall be in a form acceptable to the City Engineer, shall <br /> be certified as being "as-built" and shall reflect the Work as actually constructed , with <br /> any and all changes incorporated therein . Said drawings shall be signed and sealed as <br /> accurate by the engineer of record . <br /> 27 . Monuments. All pipes and monuments shown on the Final Map which <br /> are destroyed or displaced during construction operations shall be replaced by <br /> Developer at the time of the final inspection of the Improvements, if any. <br /> 28. Attorneys' Fees. Should any legal action or arbitration be brought by <br /> either party because of breach of this Agreement or to enforce any provision of this <br /> Agreement, the prevailing party shall be entitled to all costs of suit, reasonable <br /> Page 12 of 23 <br /> REV: 08-11-16 VR <br /> ATTY/AGR.2016.214/FINGER IMPROVEMENT AGREEMENT <br />