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� � � . , i <br /> � <br /> ij If the CotTPRACTOR, after notzce, fails within ten (10) day� to proceed to , <br /> f comply with the terms of thLs ryuarantee, the CITY may have the defect <br /> rorrected, and submitc the cost of such correction to the MNK wha nh�ll I <br /> i <br /> P�1' such amount submitted after ten (10) days notice to CONTRACTOR, up <br /> to the amount hcld by ppNK: provided, however, that in the cace of an � <br /> rmergency where, in the opinion of the City P.ngineer, delay would cause � <br /> serious loss or damage, repairs may be made without notice to the ' <br /> CONTRACTOR and the CONTRIICTOR shall pay Uie cost therr.nf up to the 1 <br /> amount hc].d by AAt7K purcuant to this warranty. ' <br /> 4. If CO\TItACTOR fully and faithtull �rforms his obligations eithi.❑ the ! <br /> Y �- <br /> requisitc time period as descri.bed in paragraph three (3) , the CITY shall <br /> Ly written instrumect relinc;ui.sh itc interest in said bank �ccount. <br /> 5. CONTRkCTOR hereby inctructs AANK that said savings account shall not ! <br /> be paid to COt4TRACTOR unless he shall pYesent written r��idcr�ce uf c;l'1'Y's <br /> release of its lnterest in caid savinqs account. �� <br /> I G. CONTRACTOR hereby ayrec, Lhat if DANK charge� any fee or service I <br /> charge for maintaining said savinys account pursuant to this Agreament, I <br /> it shall be his aole responsibility. AANK may dedact such fee, if any, � <br /> from tne accrued interest of the monies deposited in said account prior , <br /> to disburnement of the funds pursuant to this ilgreement or deduct that I <br /> smount et the time of the disbursement. If said fee or service charge I <br /> � exceed, the amount of accrued interest and in the event the funds are I <br /> i <br /> � disbursed Lo CITY, CITY shall be entitled to recover from CONTRACTOR the <br /> � I � <br /> , difference between the amount disUursed and the or.iqinal amount of the � <br /> secmr.i.t}• d��pcsi.t i� ,f,eci fi.rd i.n par�qre�ph two (2) above. I <br /> ' The undersigned have read and understand the abov . �r��� <br /> F isions and do hereby � <br /> exc-cute this Agreement on this � ��y of <br /> , 1979, <br /> I CITY OF EVlRETT ; <br /> [3ANt� OF EVEW;TT <br /> ' \1i7;i'7 � /��7/l' Jr'_ `j�3������<crL�t � � <br /> MAYOIi — - <br /> ; A. C. FiAi.LF.RT ' <br /> j Ai'PROV�D AS TO POI2M; MANAGER <br /> � , <br /> � i <br /> � .1r .. '/.: , < _��'<< , � r'� . <br /> /, ::f.,�CITY A7TORNEY --' RA NBLi./CilNTR1�C,��-- <br /> C� <br /> I <br /> I <br />