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on demand all costs and expense of such repair. The foregoing statement relating to hazards to health <br />and safety shall be deemed to include either temporary or permanent repairs which may be required as <br />determined in the sole discretion and judgment of City. <br />If City, at its sole option, makes or causes to be made the necessary repairs or replacements or <br />performs the necessary work, Subdivider shall pay, in addition to actual costs and expenses of such <br />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 such <br />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 will insure its completion within the time <br />specified, or any extension thereof, or fails to obtain completion of said work within such time, or if <br />Subdivider should be adjudged as bankrupt, or should make a general assignment for the benefit of <br />Subdivider's creditors, or if a receiver should be appointed, or if Subdivider, or any of Subdivider's <br />contractors, subcontractors, agents or employees should violate any of the provisions of this <br />Agreement, the City Engineer may serve written notice on Subdivider and Subdivider's surety or holder <br />of other security of breach of this Agreement, or of any portion, thereof, and default of Subdivider. <br />21. Breach of Agreement: Performance by Sq , or City. In the event of any such notice of <br />breach of this Agreement, Subdivider's surety shall have the duty to take over and complete the work <br />and the improvement herein specified; provided, however, that if the surety, within thirty (30) days <br />after the serving upon it of such notice of breach, does not give City written notice of its intention to <br />g.\en&ccr\julie\tzn6%5\subimp2.agr Page 13 of 18 <br />