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22.4 Developer or Developer's contractors, subcontractors, agents or <br />employees, fail to comply with any terms or conditions of this Agreement. <br />22.5 Any delay in the construction of any portion of the Work or repairs, <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 <br />institution holding the securities. <br />23. Opportunity to Cure. If City gives Developer notice under Section 22 of <br />breach and default of this Agreement, Developer will have thirty (30) days within which to <br />correct, remedy or cure the default. If the written notification states that the problem is <br />urgent and relates to the public health and safety, then Developer will have twenty four <br />(24) hours to correct, remedy or cure the default. If Developer does not cure the default <br />within the applicable timeframe, City may pursue the remedies set forth in Section 24 <br />below. <br />24. Remedies. <br />24.1 City may proceed to complete the Work or applicable portion thereof <br />by contract or other method City considers advisable, at the sole expense of Developer. <br />Developer, immediately upon demand, will pay the costs and charges related to the Work <br />or applicable portion thereof and any subsequent repairs. City, without liability for doing <br />so, may take possession of and utilize in completing the Work or applicable portion thereof <br />and repairs, if any, such materials and other property belonging to Developer as may be <br />on or about the Property and necessary for completion of such work. In the event of <br />default, the financial institution holding the applicable securities will be liable to City to pay <br />the face amount of such security, as specified under Section 13. <br />24.2 City may bring legal action to compel performance of this Agreement <br />and recover the costs of completing the Work or applicable portion thereof and/or repairs, <br />if any, including City's administrative and legal costs or pursue any other action at law or <br />equity. <br />24.3 Developer agrees that if legal action is brought by City under this <br />section of the Agreement, Developer will pay all of the costs of suit, reasonable attorney <br />fees, and such other costs as may be determined by the court. <br />24.4 No failure on the part of City to exercise any right or remedy <br />hereunder will operate as a waiver of any other right or remedy that City may have <br />hereunder. <br />24.5 The rights and remedies of City are cumulative, and the exercise by <br />City of one or more of such rights or remedies will not preclude the exercise by it, at the <br />same or different times, of any other rights or remedies for the same default or any other <br />default. <br />REV: 01-21-2021 PR <br />ATTY/AGR.2021.01011548 Maple LLC (Page 18 of 29) <br />