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ARTICLE 8 <br /> FAILURE TO PERFORM OBLIGATION <br /> <br /> 8.1 Ordinary Maintenance. If, in the reasonable judgment <br /> of the City Engineer, the Association fails to <br /> properly maintain any landscaping, street lighting, or <br /> other public improvements as required by this <br /> agreement, the City may perform, at its option, after <br /> thirty (30) days written notice to the Association, <br /> all or any portion of such maintenance. In such event, <br /> the City's performance of such maintenance shall be at <br /> the Association's sole expense and the Association, <br /> upon demand by the City, shall pay to the City all <br /> reasonable expenses incurred by the City in the <br /> performance of such maintenance. The City's remedy <br /> provided in this article shall be in addition to any <br /> other rights and remedies the City may have at law or <br /> in equity. <br /> <br /> 8.2 Emerqency Maintenance. If any maintenance, repair, or <br /> replacement of landscaping, street lighting, or other <br /> public improvements to be maintained by the <br /> Association under this agreement is required to <br /> correct a condition which the City Engineer deems to <br /> be a public safety or health hazard and such <br /> maintenance is not performed, or cannot be performed, <br /> by the Association immediately, the City may perform <br /> or cause to be performed such maintenance. In such <br /> event, the City's performance of such maintenance <br /> shall be at the Asscciation's sole expense and the <br /> Association, upon demand by the City, shall pay to the <br /> City all reasonable expenses incurred by the City in <br /> the performance of such maintenance. <br /> <br /> ARTICLE 9 <br /> TERM <br /> <br /> This agreement shall terminate on December 31, 2039, if not <br />sooner terminated pursuant to Section 6.3 or by the mutual <br />agreement of the parties hereto. Prior to termination, provision <br />for the continued maintenance, as required herein but excepting <br />streets which shall terminate with the December 30, 1998 payment <br />required in Article 4, "Maintenance of Streets", by the property <br />owners within Hacienda Business Park Phase II shall be made, <br />through new agreement with a reconstituted association, formation <br />of a maintenance district, or such other means as will provide <br />said maintenance at no cost to the City. <br /> <br /> ll <br /> <br /> <br />