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surety or holder of other security of breach of this Agreement, or of any portion, thereof, and <br />default of Subdivider. <br />21. Breach of Agreement; Performance by Surety or City. In the event of any such notice <br />of breach of this Agreement, Subdivider's surety shall have the duty to take over and complete the <br />work and the improvement herein specified; provided, however, that if the surety, within thirty (30) <br />days after the serving upon it of such notice of breach, does not give City written notice of its <br />intention to take over the performance of the contract, and does not commence performance thereof <br />within thirty (30) days after notice to City of such election, City may take over the work and <br />prosecute the same to completion, by contract or by any other method City may deem advisable, for <br />the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any <br />damages and/or reasonable and documented excess costs occasioned by City thereby; and, in such <br />event, City, without liability for so doing, may take possession of, and utilize in completing the <br />work, such materials, appliances, plant and other property belonging to Subdivider as may be on <br />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 />Notices required to be given to City shall be addressed as follows: City Clerk, Civic <br />Center, 835 E. 14th Street, San Leandro, California 94577. <br />F:SS\ROBTSLND',TM681 Q3\SUBUAP2AGR <br />Page 16 of 22 <br />