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(2) County assigns the Agreement without the prior written consent of City. <br /> (3) County is adjudged bankrupt or makes a general assignment for the benefit of <br /> creditors,or a receiver is appointed in the event of County's insolvency. <br /> (4) County or County's contractors, subcontractors, agents or employees, fail to <br /> comply with any terms ar 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 County and the financial institution holding the <br /> securities. <br /> 23. Opportunitv to Cure. If City gives County notice under Section 24 of breach and default <br /> of this Agreement, County 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 County <br /> shall have 24 hours to correct, remedy or cure the default. If County does not cure the default within the <br /> applicable timeframe,City may pursue the remedies set forth in Section 26 below. <br /> 24. Remedies. <br /> 24.1 City may proceed to complete the Work by contract or other method City considers <br /> advisable, at the sole expense of County. County, immediately upon demand, shall pay the costs <br /> and charges related to the Work and any subsequent repairs. City, without liability for doing so, <br /> may take possession of and utilize in completing the Work and repairs, if any,such materials and <br /> other property belonging to County as may be on or about the Property and necessary for <br /> completion of the work. 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 and <br /> legal costs or pursue any other action at law or equity. <br /> 24.2 County agrees that if legal action is brought by City under this section of the <br /> Agreement,County 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 /> 24.3 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 /> 24.4 The rights and remedies of City are cumulative,and the exercise by City of one or <br /> more of such rights or remedies shall not preclude the exercise by it,at the same or different times, <br /> of any other rights or remedies for the same default or any other default. <br /> 25. Final Drawin�s. Upon completion of the Work and prior to final acceptance,County shall <br /> deliver to City a set of"as-built" drawings consistent with the Conditions. These drawings shall be in a <br /> form acceptable to the City Engineer(including electronic format),shall be certified as being"as-bui1P'and <br /> shall reflect the Work as actually constructed,with any and all changes incorporated therein. Said drawings <br /> shall be signed and sealed as accurate by the engineer of record. <br /> 26. Monuments. All pipes and monuments shown on the Improvement Plans which are <br /> destroyed or displaced during construction operations shall be replaced by County at the time of the final <br /> inspection of the Improvements, if any. <br /> REV:10-10-13 VR <br /> ATTY/AGR/2012.198/COUNTY JAIL IMPROVEMENT AGREEMENT <br /> Page 7 of 11 <br />