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• <br /> I9. Owner Not Agent of City. Neither Owner nor any of Owner's agents or contractors are or <br /> shall be considered to be agents of City in connection with the performance of Owner's obligations under <br /> this Agreement. <br /> 20. Notice of Breach and Default. If Owner refuses or fails to obtain prosecution of the <br /> work, or any severable part thereof, with such diligence as will insure its completion within the time <br /> specified, or any extension thereof, or fails to obtain completion of said work within such time, or if Owner <br /> should be adjudged as bankrupt, or should make a general assignment for the benefit of Owner's creditors, <br /> or if a receiver should be appointed, or if Owner, or any of Owners contractors, subcontractors, agents or <br /> employees should violate any of the provisions of this Agreement, the City Engineer may serve written <br /> notice on Owner and Owner's surety or holder of other security of breach of this Agreement, or of any <br /> portion, thereof, and default of Owner. <br /> 21. Breach of Agreement; Performance by Surety or City. In the event of any such notice of <br /> breach of this Agreement, Owners surety shall have the duty to take over and complete the work and the <br /> improvement herein specified; provided, however, that if the surety, within thirty (30) days after the serving <br /> upon it of such notice of breach, does not give City written notice of its intention to take over the <br /> performance of the contract, and does not commence performance thereof within thirty (30) days after <br /> notice to City of such election, City may take over the work and prosecute the same to completion, by <br /> contract or by any other method City may deem advisable, for the account and at the expense of Owner and <br /> Owner's surety shall be liable to City for any damages and/or reasonable and documented excess costs <br /> occasioned by City thereby; and, in such event, City, without liability for so doing, may take possession of, <br /> and utilize in completing the work, such materials, appliances, plant and other property belonging to Owner <br /> as may be on the site of the work and necessary therefor. <br /> 22. Notices. All notices herein required shall be in writing, and delivered in person or sent <br /> by registered mail, postage prepaid. <br /> STANDARD PUBLIC IMPROVEMENT AGREEMENT Page 11 of 13 <br /> G:1_LD1 Address\M\Marina Blvd 1701 (Kaiser)10ff site improvement plans\Public Improvement Agreement 2500 Merccd.doc <br />