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3. monitor and evaluate the maintenance and performance of the System <br /> The Owner shall cooperate with the City and its contractors. <br /> B. Photography <br /> As part of the Program,the Owner grants the City the irrevocable right to use <br /> photographs of the System in all forms and media. <br /> C. Expiration of this Agreement. <br /> This Agreement expires on the fifth anniversary of the Effective Date. <br /> D. Maintenance of Rain Garden. <br /> 1. Obligation to Maintain. After the installation of the Rain Garden <br /> and until the expiration of this Agreement,the Owner shall maintain the Rain <br /> Garden in accordance with the maintenance plan attached as Exhibit B to this <br /> Agreement("Rain Garden Maintenance Plan"). This maintenance is at the Owner's <br /> sole cost. The Owner shall not materially alter the Rain Garden without the written <br /> consent of the City Public Works Director or his/her designee. <br /> 2. Procedure if Owner Fails to Maintain. If the Owner fails to maintain <br /> the Rain Garden in accordance with the Rain Garden Maintenance Plan,the City <br /> may deliver written notice of the failure to the Owner. If the City delivers such a <br /> notice,the Owner shall cure the failure within 30 days after the delivery of the <br /> notice. lithe Owner does not cure the failure within the 30 days,the City may enter <br /> upon the Property and undertake any work necessary to maintain the Rain Garden, <br /> and the Owner shall reimburse the City for the costs the work within 10 days after <br /> delivery of an invoice from the City. <br /> D. City Richt to Inspect. <br /> The Owner hereby grants permission for the City to enter upon the <br /> Property from time to time to inspect the Rain Garden. This permission remains <br /> in effect until the expiration of this Agreement. <br /> E. Other. <br /> 3 <br />