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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 <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 />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 Sure1y 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 />TRACT MAP 6533 <br />MARINA VISTA - PHASE 5 <br />SUBDIVISION IMPROVEMENT AGREEMENT <br />C:\NWS\TM6533\SUBIMPAG.DOC <br />14 <br />