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After District's review and approval of these forms, the District will pay additional <br />monies, not to exceed $164,000, within ten (10) working days to provide prompt payment <br />to the construction contractor. <br />21. Termination: <br />Termination by Mutual Consent. This Agreement may be terminated by written mutual <br />consent of District and City. <br />Termination for Cause. This Agreement may be terminated by the District for City's <br />material breach of the Agreement, including but not limited to City's failure to maintain <br />the Bridge Improvements as agreed, or City's failure to remove or modify elements that <br />have fallen into disrepair as required in Section 13. In order to terminate for cause, <br />District shall provide City with ninety (90) days' written notice specifying City's breach <br />and providing City an opportunity to cure. The termination shall become effective at the <br />conclusion of ninety (90) days if City fails to cure the breach within said period. If the <br />cure cannot be completed within the ninety (90) day notice period, the termination shall <br />become effective if City has not commenced the cure within the ninety (90) day notice <br />period and City has not continued to diligently prosecute the work to completion. <br />Upon termination either by mutual consent or for cause, the Improvements shall either: <br />(i) become the property of the District, at no cost to the District, to be determined by the <br />District or (ii) at District's request, be removed, wholly or in part, at City's sole expense. <br />In either case, the Park shall be returned to the District in at least as good a condition as <br />the Park existed at the beginning of this Agreement's term. <br />22. Remedies: <br />The remedies provided to District in this Agreement are cumulative and in addition to all <br />rights existing in law or equity. <br />23. Modification: <br />This Agreement shall be subject to modification or amendment only by the written, <br />mutual consent of both parties. <br />24. Entire Agreement: <br />It is understood that this document contains the entire agreement between the parties <br />hereto and all prior understandings or agreements, oral or written, of whatsoever nature <br />regarding the rights hereby granted are superseded by this Agreement and are hereby <br />abrogated and nullified. <br />Slough Bridge <br />1-21-09 <br />