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FAILURE TO PERFORM OBLIGATIONS <br />7.1 Ordinary Maintenance. If, in the reasonable judgment of <br />the City Engineer, CSS #112 fails to properly maintain any <br />landscaping, street lighting, or other public improvements as <br />required by this agreement, the City may perform at its option, <br />after five (5) days written notice to CSS #112, all or any <br />portion of such maintenance. In such event, the City's <br />performance of such maintenance shall be at the sole expense of <br />CSS #il2 and CSS #112, upon demand by the City, shall pay to the <br />City all reasonable expenses incurred by the City in the <br />performance of such. maintenance. The City's remedy provided in <br />this article shall be in addition to any other rights and <br />remedies the City may have at law or in equity. <br />7.2 Emergency Maintenance. If any maintenance, repair, or <br />replacement of landscaping, street lighting, or other public <br />improvements to be maintained by CSS #112 under this agreement is <br />required to correct a condition which the City Engineer deems to <br />be a public safety or health hazard and such maintenance is not <br />performed, or cannot be performed, by CSS #112 immediately, the <br />City may perform or cause to be performed such maintenance. In <br />such event, the City's performance of such maintenance shall be <br />at the sole expense of CSS #112 and CSS #112, upon demand by the <br />City, shall pay to the City all reasonable expenses incurred by <br />the City in the performance of such maintenance. <br />- 8 - <br />