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<br /> <br />temporary or permanent repairs which may be required as determined in the sole discretion and <br />judgment of City. <br /> If City, at its sole option, makes or causes to be made the necessary repairs or <br />replacements or performs the necessary work, Owner shall pay, in addition to actual costs and <br />expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and <br />interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date <br />of billing for such work or repairs. <br /> 19. Owner Not Agent of City. Neither Owner nor any of Owner's agents or <br />contractors are or shall be considered to be agents of City in connection with the performance of <br />Owner's obligations under this Agreement. <br /> 20. Notice of Breach and Default. If Owner refuses or fails to obtain prosecution of <br />the work, or any severable part thereof, with such diligence as will insure its completion within <br />the time specified, or any extension thereof, or fails to obtain completion of said work within <br />such time, or if Owner should be adjudged as bankrupt, or should make a general assignment for <br />the benefit of Owner's creditors, or if a receiver should be appointed, or if Owner, or any of <br />Owner's contractors, subcontractors, agents or employees should violate any of the provisions of <br />this Agreement, the City Engineer may serve written notice on Owner and Owner's surety or <br />holder of other security of breach of this Agreement, or of any portion, thereof, and default of <br />Owner. <br /> 21. Breach of Agreement; Performance by Surety or City. In the event of any such <br />notice of breach of this Agreement, Owner's surety shall have the duty to take over and complete <br />the work and the improvement herein specified; provided, however, that if the surety, within <br />thirty (30) days after the serving upon it of such notice of breach, does not give City written