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<br /> <br /> <br /> <br /> <br />by use <br />Section 4.1 hereof to use and Ride Area, shaD cease <br />T.ransit Padlities and Park and Ride ~ and BquU:able, <br />and the RTB shall have no liability 01' obligation under this <br />Agreement, except for obligations acautng prior to such <br />and elCCept that Equitable shall reimbursement pursuanf to <br />Section 3.5 of this .Agreement. <br /> <br />(b) If RTB or City (ails to do;;~~~truction, maintenance 01' repair <br />work to be done by either of them pursUant hereto.. or iails to MfiU any other <br />obligation of either under this Agreemen~ and if such laUure continues for a <br />period of 10 (10) business days after notice of such failure, spedfy!ng the same" <br />is given to the R.n, then Equitable may at its op~ either: <br /> <br />(I) do su~ work which the RIB or the City has failed to do, or <br />fulfill such obllgatio~ and the City and the RTB agree to pay aD costs <br />, incurred by Equitable in doing such w~, or fulfilling such obligation, <br />including reasonable attorneys' fees, with interest on such costs at 12% <br />per annum from a date 10 (10) days after notice of such costs is given to <br />the RTB, until paid; or <br /> <br />(ii) terminate this Agreement. If Rquitable elects to terminate <br />this Agreement, it shall do so by an additional notice to the RTB so <br />stating such intent, and if suchfaHure oontinues for an addItional ten <br />(10) business days after such additional notice is given to the RIB, then <br />Equitable may proceed to terminate this Agreement by additional <br />notice to the RTB, which notice sha1! specify the da~ of termination, <br />which shall be not earlier than 30 days after the date of such notice. If <br />this Agreement be so terminated, then, after the date of such <br />terminatfon the City and the RIB, and all other persons authorized by <br />Section 3.1 hereof to use the Tr.w.sit Facilities and by Section 4.1 hereof <br />louse the Park and Ride Area, shall cease using the TransIt Facilities <br />and the Park and Ride Area, and Equitable" the City and the R.TB shall <br />have no liability or obligation under this Agreement, except for <br />obligations accruing prior to such termination, and specifically, <br />without limitation, ~quitable shall have no obligation to make any <br />reimbursement to any person pursuant to Section 3.5, or any other <br />provision, of this Agreement. <br /> <br />Cd The City, the RTB and Equitable shall also have available all other <br />remedies then allowed at law or in equity, including mandatory injunction, <br />to enforce any of the obligations and duties of any party hereto or to recover <br />damages for default therein. <br /> <br /> <br />- <br /> <br /> <br />) <br /> <br />.18- <br />