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ARTICLE 8 <br />FAILURE TO PERFORM OBLIGATION <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 />8.2 Emeraency 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 Association'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 />ARTICLE 9 <br />TERM <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 />11 <br />