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Subdivider shall pay to City on demand all costs and expense of such repair. The foregoing <br />statement relating to hazards to health and safety shall be deemed to include either temporary or <br />permanent repairs which may be required as determined in the sole discretion and judgment of <br />City. <br />If City, at its sole option, makes or causes to be made the necessary repairs or replacements <br />or performs the necessary work, Subdivider shall pay, in addition to actual costs and expenses of <br />such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the <br />maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for <br />such work or repairs. <br />19. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's agents or <br />contractors are or shall be considered to be agents of City in connection with the performance of <br />Subdivider's obligations under this Agreement. <br />20. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the <br />work, or any severable part thereof, with such diligence as M11 insure its completion within the <br />time specified, or any extension thereof, or fails to obtain completion of said work within such <br />time, or if Subdivider should be adjudged as bankrupt, or should make a general assignment for the <br />benefit of Subdivider's creditors, or if a receiver should be appointed, or if Subdivider, or any of <br />Subdivider's contractors, subcontractors, agents or employees should violate any of the provisions <br />of this Agreement, the City Engineer may serve written notice on Subdivider and Subdivider's <br />F: &ROBTSLNDTM6810-3'.SUBIMP2.AGR <br />Page 15 of 22 <br />