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S:1Public Works Files\DEVELIJJP\Residential Projects\Paradise Valley\Paradise 3601Council Items\Landscape Improvement <br /> Agreement.docx <br /> in the Homeowner Association (HOA) upon completion and acceptance of <br /> such improvements by the HOA. <br /> 14. Contractor Not Agent of City: Neither Contractor nor any of Contractor's <br /> agents or subcontractors are or shall be considered to be agents of City in <br /> connection with the performance of Contractor's obligations under this <br /> Agreement. <br /> 15. Notice of Breach and Default: If Contractor refuses or fails to obtain <br /> prosecution of the work, or any severable part thereof, with such diligence <br /> as will ensure its completion within the time specified, or any extension <br /> thereof, or fails to obtain completion of said work within such time, or if <br /> Contractor should be adjudged a bankrupt, or Contractor should make a <br /> general assignment for the benefit of Contractor 's creditors, or if a <br /> receiver should be appointed in the event of Contractor 's insolvency, or if <br /> Contractor or any of Contractor 's subcontractors, agents, or employees <br /> should violate any of the provisions of this Agreement, City Engineer may <br /> serve written notice upon Contractor and Contractor's surety of breach of <br /> this Agreement, or of any portion thereof, and default of Contractor. <br /> 16. Breach of Agreement; Performance by Surety or City: In the event of any <br /> such notice, Contractor's surety shall have the duty to take over and <br /> complete the work and the improvement herein specified; provided, <br /> however, that if the surety within fifteen (15) days after the serving of such <br /> notice of breach upon it does not give City written notice of its intention to <br /> take over the performance of the contract, and does not commence <br /> performance thereof within fifteen (15) days after notice to City of such <br /> election, City may take over the work and prosecute the same to <br /> completion by contract, or by any other method City may deem advisable, <br /> for the account and at the expense of Contractor, and Contractor's surety <br /> shall be liable to City for any excess cost of damages occasioned City <br /> thereby; and in such event, City, without liability for so doing, may take <br /> possession of and utilize in completing the work, such materials, <br />