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<br />presented by City to NEXTLINK for services rendered by Inspector in connection <br /> <br />with the inspection of the work of improvement. All payments of invoices shall be <br /> <br />done upon receipt and shall bear interest at the rate of 10% per annum on any <br /> <br />unpaid balance commencing thirty (30) days after the date of the invoice. <br /> <br />10. Performance Bond. Prior to the issuance of an Encroachment <br /> <br />Permit, NEXTLINK or its contractor shall provide City with a performance bond <br /> <br />naming City as obligee in the amount equal to one hundred percent (100%) of the <br /> <br />value of the work to be performed under each phase of each Encroachment <br /> <br />Permit by or on behalf of NEXTLINK or its contractor within and affecting the <br /> <br />Public Right-of-Way to guarantee and assure the faithful performance of <br /> <br />NEXTLlNK's or its contractor's obligations under this Agreement. City shall have <br /> <br />the right to draw against the surety bond in the event of a default by NEXTLINK or <br /> <br />its contractor or in the event that NEXTLINK or its contractor fails to meet and <br /> <br />fully perform any of its obligations; provided that NEXTLINK or its contractor is <br /> <br />first given written notice of any intent to draw against the bond and an opportunity <br /> <br />to cure. Following completion of the work by NEXTLINK or its contractor and its <br /> <br />inspection and acceptance by the Director, the performance bond shall remain in <br /> <br />effect to the extent of ten percent (10%) of the value of the work performed under <br /> <br />each Encroachment Permit to guarantee and assure that faithful performance of <br /> <br />NEXTLlNK's obligations under this Agreement for a period of one (1) year from <br /> <br />the City's acceptance of the work performed under each Encroachment Permit. <br /> <br />City shall have the right to draw against the bond in the event of a default by <br /> <br />Sh/rwc/councillagmt <br />Agmt-26 1 <br />FXS/fs <br />05/11/99 <br /> <br />16 <br /> <br />- _.--~.. <br />