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costs of such removal or corrections including cost of testing laboratories and <br /> personnel. <br /> 9.2 Should Contractor fail or refuse to remove or correct any defective work or to make <br /> any necessary repairs in accordance with the requirements of this Agreement <br /> within the time indicated in writing by the City Manager or its designee, the City <br /> shall have the authority to cause the defective work to be removed or corrected, or <br /> make such repairs as may be necessary at Contractor's expense. Any expense <br /> incurred by the City in making such removals, corrections or repairs, shall be paid <br /> for out of any monies due or which may become due to Contractor. In the event of <br /> failure of Contractor to make all necessary repairs promptly and fully, which is not <br /> cured in the cure period,the City may declare Contractor in default. <br /> 9.3 If, within one (1) year after the date of completion of Services or such longer <br /> period of time as may be prescribed by the terms of any applicable special <br /> warranty required by the Contract Documents, or by any specific provision(s) of <br /> this Agreement, any of the work is found to be defective or not in accordance with <br /> this Agreement,Contractor,after receipt of written notice from the City or its designee, <br /> shall promptly correct such defective or nonconforming work within the time specified <br /> by the City without cost to the City.Nothing contained herein shall be construed to <br /> establish a period of limitation with respect to any other obligation which <br /> Contractor might have under this;Agreement including but not limited to any claim <br /> regarding latent defects. <br /> 9.4 Failure to reject any defective work or material shall not in any way prevent <br /> later rejection when such defect is discovered or obligate the City to final <br /> acceptance. <br /> 9.5 Where the City or its designee becomes aware of faults, defects or non-conformity <br /> in any of the work provided under this Agreement or with the work being <br /> performed by the Contractor, the City or its designee shall issue a Notice to Cure <br /> to the Contractor for correction. In no event shall the failure of the City or its <br /> designee to bring to the attention of the Contractor of such faults act as a waiver or <br /> release the Contractor from responsibility or liability for such fault, defect or non- <br /> conforming work. <br /> 10. TERMINATION AND REMEDIES FOR BREACH. <br /> A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in <br /> a timely manner or otherwise violate any of the covenants, agreements or <br /> stipulations material to this Agreement, the City shall have the right to terminate the <br /> Services then remaining to be performed. Prior to the exercise of its option to <br /> terminate for cause, the City shall notify the Contractor of its violation of the <br /> particular terms of the Agreement and grant Contractor ten (10) days to cure such <br /> default. If the default remains uncured after ten (10) days the City may terminate <br /> this Agreement, and the City shall receive a refund from the Contractor in an amount <br /> equal to the actual cost of a third party to cure such failure. If Contractor fails, <br /> 5 <br /> 5249-025—Toshiba Business Solutions <br />