Laserfiche WebLink
(1) Butler refuses or fails to complete the Work within the time set forth herein or <br />abandons the Work. <br />(2) Butler assigns the Agreement without the prior written consent of City. <br />(3) Butler is adjudged bankrupt or makes a general assignment for the benefit of <br />creditors, or a receiver is appointed in the event of Developer's insolvency. <br />(4) Butler or Butler's contractors, subcontractors, agents or employees, fail to <br />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 in the <br />reasonable opinion of the City Engineer, endangers public or private property. <br />City may serve written notice of breach and default upon Butler and the financial institution holding the <br />securities. <br />24. Onnortunity to Cure. If City gives Butler notice under Section 23 of breach and default <br />of this Agreement, Butler shall have 30 days within which to correct, remedy or cure the default. If the <br />written notification states that the problem is urgent and relates to the public health and safety, then Butler <br />shall have 24 hours to correct, remedy or cure the default. If Butler 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 method City <br />considers advisable, at the sole expense of Butler. Butler, immediately upon demand, shall pay <br />the costs and charges related to the Work and any subsequent repairs. City, without liability for <br />doing so, may take possession of and utilize in completing the Work and repairs, if any, such <br />materials and other property belonging to Butler as may be on or about the Property and <br />necessary for completion of the work. In the event of default, the financial institution holding the <br />securities shall be liable to City to pay the face amount of the security, as specified under <br />Section 13. <br />25.2 City may bring legal action to compel performance of this Agreement and <br />recover the costs of completing the Work and/or repairs, if any, including City's administrative <br />and legal costs or pursue any other action at law or equity. <br />25.3 Butler agrees that if legal action is brought by City under this section of the <br />Agreement, Butler shall pay all of the costs of suit, reasonable attorney fees, arbitration costs and <br />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 are cumulative, and the exercise by City of one <br />or more of such rights or remedies shall not preclude the exercise by it, at the same or different <br />times, of any other rights or remedies for the same default or any other default. <br />ATTY/AGR/2017.029/1629 MAIN STREET—SUBDIVISION IMPROVEMENT <br />REV: 02-06-17 PR <br />Page 10 of 27 <br />