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7.10.84 <br />C169-018 <br />AG169c <br /> <br /> ARTICLE 7 <br /> <br /> FAILURE TO PERFORM OBLIGATIONS <br /> <br /> 7.1 Ordinary Maintenance. If, in the reasonable <br />judgment of the City Engineer, the Association fails to <br />properly maintain any landscaping, street lighting, or <br />soundwalls as required by this agreement, the City may per- <br />form at its option, after thirty (30) days written notice to <br />the Association, all or any portion of such maintenance. In <br />such event, the City's performance of such maintenance shall <br />be at the Association's sole expense and the Association, <br />upon demand by the City, shall pay to the City all reason- <br />able expenses incurred by the City in the performance of <br />such maintenance. The City's remedy provided in this <br />article shall be in addition to any other rights and reme- <br /> <br />dies the City may have at law or in equity. <br /> <br /> 7.2 Emergency Maintenance. If any maintenance, <br />repair, or replacement of landscaping, street lighting, or <br />soundwalls to be maintained by the Association under this <br />agreement is required to correct a condition which the City <br />Engineer deems to be a public safety or health hazard and <br />such maintenance is not performed, or cannot be performed, <br />by the Association immediately, the City may perform or <br />cause to be performed such maintenance. In such event, the <br />City~s performance of such maintenance shall be at the <br />Association's sole expense and the Association, upon demand <br />by the City, shall pay to the City all reasonable expenses <br />incurred by the City in the performance of such maintenance. <br /> <br />-7- <br /> <br /> <br />