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<br /> other owners. If Developer does, any cost <br />. of such easement acquisition shall be paid <br /> by Developer. <br /> (l) Non-Conforming Work. All work not <br /> conforming to the requirements of the <br /> plans and specifications for the Developer <br /> [Project] Improvements or not performed at <br /> all in accordance with the progress <br /> schedule incorporated therein shall <br /> constitute a default. When such default <br /> occurs, the City Engineer shall provide <br /> the Developer with a written notice by <br /> registered or certified United States Mail <br /> setting forth the nature of such default, <br /> the manner by which it should be <br /> corrected, and the time within which it <br /> should be corrected, which shall be <br /> reasonable in length. It shall <br /> constitute, without further action, notice <br /> to any contractor or subcontractor whether <br /> they are approved and accepted by the City <br /> or not. <br /> In the event Developer fails to correct <br /> such default within the time fixed by the <br />. notice from the City Engineer, the City <br /> may at its option perform the work <br /> necessary to correct the default, and <br /> Developer shall thereafter promptly <br /> reimburse the City for all direct and <br /> indirect costs of such correction incurred <br /> by the City within thirty (30) days of the <br /> City's submission of an invoice setting <br /> forth such costs. Interest on delinquent <br /> costs of correction incurred by the City <br /> shall accrue from the date of the City's <br /> invoice until paid in full at the lesser <br /> of fifteen percent (15%) per annum or the <br /> maximum lawful rate of interest. <br /> In the event the default precipitates an <br /> emergency, as reasonably determined by the <br /> City Engineer, the written notice to the <br /> Developer required hereinabove shall be <br /> and hereby is waived in its entirety, and <br /> Developer shall reimburse the City for any <br /> expense incurred by it in correcting <br /> the default in the same manner as if <br /> mailed notice, as hereinabove described, <br /> had been given. If Developer has not <br />. reimbursed the City for such expense by <br /> the end of thirty (30) days from the date <br /> - 9 - <br /> n.__'_',.__ ... ..,d' ._.._~-"'--"'''- "",.,.--- <br /> -~'-"""-"~-"'--'-' .--.-.,...---->----..--- <br /> ____m_... ________ <br />