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certification shall be substantiated by material affidavits from suppliers and by applicable test <br />results for inflow infiltration, exfiltration, deflection, pressure, leaks, bacteria, compaction and <br />other tests required by the City. The Owner agrees to perform any necessary adjustments as <br />reasonably required by the City, in the sole discretion of the City Engineer or her designee, as a <br />result of such inspections. The failure of Owner to comply with this Section 3 shall be a material <br />breach of this Agreement. <br />4. Permits <br />all permits associated with the <br />construction and installation of the Dedicated Improvements in the future R.O.W. and to comply <br />with all applicable laws. comply with this Section 4 shall be a material breach <br />of this Agreement. <br />5. Performance Bond <br />Concurrently upon the execution of this Agreement or within seven (7) days thereof, Owner <br />shall provide the City with a performance bond for an amount equal to one hundred twentyfive <br />percent (125%) of the construction cost for Phase 1B covering all work performed or to be <br />performed pursuant to this Agreement for such Phase 1B. <br />performance bond as prescribed herein shall cause this Agreement to be immediately terminated <br />and of no effect, without the requirement of notice. <br />6. Maintenance Bond <br />Within ten (10) days , Owner shall <br />provide the City with a maintenance bond equal to ten percent (10%) of the construction cost of <br /> <br />