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-2- <br />2.BAPCC is paying for the costs of the Equipment, pursuant to and in <br />accordance with the Financing Agreement and related escrow agreement, and shall have <br />all rights and remedies set forth in the Financing Agreement regarding return of the <br />Equipment in the event of termination, due to non-appropriation, default or otherwise; <br />and <br />3.Climatec’s remedies with respect to any amounts due under the Vendor <br />Agreement, whether due to any default of the City, non-appropriation, termination or <br />otherwise, shall not include return of the Equipment to Climatec and Climatec shall not <br />enter upon the job sites for the Work and disconnect and/or remove any Equipment <br />without the prior written consent of BAPCC. <br />343