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<br /> <br /> <br /> <br /> <br /> <br />Whenever, opinion of City or Equitable maintenance, <br />or reconstruction (including pIadng of signs) needs to be done under <br />n bamof, and such maintenance, repair or reconstruction (including placing <br />of signs) is the obUgation of City pursuant to Article n, then notice thereof <br />s~$'.,~ maintenance, repair or reconstruction (or sign placement) <br />done;m.ay be given by either party to the other; <br /> <br />(b) Within 30 days after such notice is given,. Equitable and the City <br />shall meet and agree on the work to be done, the cost thereof and the <br />schedule for the doing of sUch work; <br /> <br />(e) Equitable shall then proceed to do the work and shall send monthly <br />statements to City for the cost of the work, and City shall pay such statements, <br />in the same maiiner as provided for payment of the cost of constructing <br />Transit Hub Improvements in paragraph 1.4(1.) hereof, and Equitable shall <br />have all remedies provided in this Agreement for fallure to make any such <br />payment when due. The costs to be paid by City shall include all of the costs <br />payable by City as provided in paragraph 1.4(21) hereof. <br /> <br />If City and Equitable cannot agree as provided in (b) above within said 3o..da.y period, <br />or such longer time as they may then agree upon in writing, then City sha.I1 proceed <br />to do such repair, maintenance and reconstruction as is to be done by it under and <br />pursuant to this Agreement, and Equitable shall have all.of the remedies provided <br />in this Agreement for Citis failure to do so. <br /> <br />2.13. Emerien~ R,epaI!1. Any provision of this Agreement to the <br />contrary notwithstanding, it is agreed that if any repair or maintenance to be done by <br />Equitable, City or RTB, is not done by the party obligated by this Agreement to do <br />such repair or maintenance, and in the reasonable opinion of any other of said <br />Equitable, City or RTB, an emergency exists which requires that such repair and <br />maintenance be done immediately, then such repair and maintenance may be done <br />by any other of said Equitable, City or RTB, and the cost, including reasonable <br />attorneys' fees, may be recovered by the party doing the repair or maintenance <br />the party obHgated by this Agreement to pay for the cost of such repair and <br />maintenance, such recovery to be zr..ade pursuant to the procedures and in the <br />amount set out in paragraph 5.3(a)(i) or 5.3(b)(i), as the case may be. <br /> <br /> <br />) <br /> <br />..10- <br />