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<br />18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the work, <br /> <br />or any severable part thereof, with such diligence as will insure its completion within the time specified, or <br /> <br />any extension thereof, or fails to obtain completion of said work within such time, or if Subdivider should <br /> <br />be adjudged as bankrupt, or should make a general assignment for the benefit of Subdivider's creditors, or if <br /> <br />a receiver should be appointed, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents <br /> <br />or employees should violate any of the provisions of this Agreement, the City Engineer may serve written <br /> <br />notice on Subdivider and Subdivider's surety or holder of other security of breach of this Agreement, or of <br /> <br />any portion, thereof, and default of Subdivider. <br /> <br />19. Breach of Agreement: Performance by Surety or City. In the event of any such notice of breach <br /> <br />of this Agreement, Subdivider's surety shall have the duty to take over and complete the work and the <br /> <br />improvement herein specified; provided, however, that if the surety, within thirty (30) days after the serving <br /> <br />upon it of such notice of breach, does not give City written notice of its intention to take over the <br /> <br />performance of the contract, and does not commence performance thereof within thirty (30) days after <br /> <br />notice to City of such election, City may take over the work and prosecute the same to completion, by <br /> <br />contract or by any other method City may deem advisable, for the account and at the expense of Subdivider <br /> <br />and Subdivider's surety shall be liable to City for any damages and/or reasonable and documented excess <br /> <br />costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take <br /> <br />possession of, and utilize in completing the work, such materials, appliances, plant and other property <br /> <br />belonging to Subdivider as may be on the site of the work and necessary therefore. <br /> <br />20. Notices. All notices herein required shall be in writing, and delivered in person or sent by <br /> <br />registered mail, postage prepaid. <br /> <br />Notices required to be given to City shall be addressed as follows: CITY CLERK, CMC <br /> <br />CENTER, 835 E. 14TH STREET, SAN LEANDRO, CALIFORNIA 94577. <br /> <br />Notices required to be given to Subdivider shall be addressed as follows: <br /> <br />Aire:as NCN. Inc. <br />6790 Florin Perkins Road. Suite #300 <br />Sacramento. CA 95828 <br /> <br />PARCEL MAP 9307 - SUBDIVISION IMPROVEMENT AGREEMENT <br />C:\Work\Plants\San Leandro\SUB IMP AGR PM 93Q7.doc <br /> <br />PAGE 11 OF 14 <br />