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20. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution of the work, <br />or any severable part thereof, with such diligence as will insure its completion within the time specified, or <br />any extension thereof, or fails to obtain completion of said work within such time, or if Subdivider should be <br />adjudged as bankrupt, or should make a general assignment for the benefit of Subdivider's creditors, or if a <br />receiver should be appointed, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or <br />employees should violate any of the provisions of this Agreement, the City Engineer may serve written <br />notice on Subdivider and Subdivider's surety or holder of other security of breach of this Agreement, or of <br />any portion, thereof, and default of Subdivider. <br />21. Breach of Agreement; Performance by Surety or City. In the event of any such notice of breach <br />of this Agreement, Subdivider's 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 />LIPOTI 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 Subdivider <br />and Subdivider's surety shall be liable to City for any damages and/or reasonable and documented excess <br />costs occasioned by City thereby; and, in such event, City, without liability for so doing, may take <br />possession of, and utilize in completing the work, such materials, appliances, plant and other property <br />belonging to Subdivider 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 by <br />registered mail, postage prepaid. <br />Notices required to be given to City shall be addressed as follows: City Clerk, Civic Certer, 835 E. <br />14th Street, San Leandro, California 94577. <br />Notices required to be given to Subdivider shall be addressed as follows: <br />TRACT MAP 7093 MEDALLION PHASE 1 <br />SUBDIVISION IMPROVEMENT AGREEMENT (PRIVATE IMPROVEMENT) <br />C:\MAPS\T7093\SU13IMP2.AGR.DOC <br />PAGE 12 OF 16 <br />