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which the default will be cured and the time within which such default <br /> will be cured,the City will proceed with the remedy it deems appropriate. <br /> B. At an time after the completion date and any extensions thereof,if any of <br /> Y p <br /> the work is deemed incomplete,the City may proceed in any one or more <br /> of the following ways to enforce the undertakings herein set forth, and to <br /> collect any and all expenses incurred by the City in connection therewith, <br /> including,but not limited to,engineering,legal,planning and litigation <br /> costs and expense. The enumeration of the remedies hereunder shall be in <br /> addition to any other remedies available to the City. <br /> 1. Mcific Performance. The City may in writing direct the surety or <br /> the Developer to cause the Work to be undertaken and completed <br /> within a specified reasonable time. If the Developer fails to cause <br /> the Work to be done and completed in a manner and time <br /> acceptable to the City,the City may proceed to bring an action for <br /> specific performance to require work to be undertaken. <br /> 2. Completion by the gjV. The City, after notice,may enter the <br /> premises and proceed to have the Work done either by contract,by <br /> day labor or by regular City forces.The Developer may not <br /> question the manner of doing such work or the letting of any such <br /> contracts for the doing of any such work. Upon completion of <br /> such work,the Developer shall promptly pay the City the full cost <br /> thereof as aforesaid. <br /> 3. Deposit of Financial Guarantee. In the event the financial <br /> guarantee has been submitted in the form of a Letter of Credit,the <br /> City may draw on the Letter of Credit the sum equal to the <br /> estimated cost of completing the Work,plus the City's estimated <br /> expenses as defined herein,including any other costs,expenses, <br /> and damages for which the surety may be liable hereunder,but not <br /> exceeding the amount set forth on the Letter of Credit. The money <br /> shall be deemed to be held by the City for the purpose of <br /> reimbursing the City for any costs incurred in completing the Work <br /> as hereinafter specified. Any funds remaining after completion of <br /> the project shall be returned to the Developer. <br /> VM. OCCUPATION OF PREMISES <br /> The site is already occupied and the work described by the approved Plans does <br /> not affect occupancy. <br /> IX. REIMBURSEMENT OF COSTS FOR DEFENSE <br /> page 6 of 9 <br />