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(5) Any delay in the completion of the Demolition Work or Signal Removal work, <br />which in the reasonable opinion of the City Engineer, endangers public or private <br />property. <br />City may serve written notice of breach and default upon Developer and the financial institution holding <br />the securities. <br />15. Opportunity to Cure. If City gives Developer notice under Section 14 of breach and <br />default of this Agreement, Developer shall have 30 days within which to correct, remedy or cure the <br />default. If the written notification states that the problem is urgent and relates to the public health and <br />safety, then Developer shall have 24 hours to correct, remedy or cure the default. If Developer does not <br />cure the default within the applicable timeframe, City may pursue any or all of the remedies set forth in <br />Section 16 below. <br />16. Remedies <br />16.1 City may proceed to complete the Demolition Work and the Signal Removal <br />work by contract or other method City considers advisable, at the sole expense of Developer. <br />Developer shall pay all City costs incurred in completing such work not later than ten (10) days <br />from Developer's receipt of an invoice describing the City's costs. City, without liability for <br />doing so, may take possession of and utilize in completing the Demolition Work and/or the Signal <br />Removal work, or any repairs to same, any and all such materials and other property belonging to <br />Developer as may be on or about the Property and necessary for completion of such work. In the <br />event of default, the financial institution holding the securities shall be liable to City to pay the <br />face amount of the security, as specified under Section 7. <br />16.2 City may bring legal action to compel performance of this Agreement and to <br />recover the costs of completing the Demolition Work and/or Signal Removal work, including <br />City's administrative and legal costs, or pursue any other action at law or equity. <br />16.3 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 />16.4 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 />17. Attorneys' Fees. Should any legal action or arbitration be brought by either party 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, reasonable attorneys' fees, arbitration costs and such other costs as may be <br />determined by the court or arbitrator. <br />18. Notices. Any notices relating to this Agreement shall be given in writing and shall be <br />deemed sufficiently given and served for all purposes when delivered personally or by generally <br />recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or <br />registered, return receipt requested, with postage prepaid, addressed as follows: <br />Page 6 of 13 <br />REV: 07-20-18 PR <br />ATTY/AGR/2018.161/KAISER MOB2 — DEMO AGREEMENT <br />