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or the C.1tv with respect thereto so long as such delay in performance shall not subject the PID <br />Projects to foreclosure, forfeiture, or sale. In the event that any such lien and/or judgment with <br />respect to the PID Proiects is contested, the Developer shall be required to post or cause the <br />delivery of a surety bond or letter of credit, whichever is preferred by the City, in an amount <br />reasonably determined by the City, not to exceed one hundred percent (100%) of the disputed <br />amount. <br />3.11 Correction of Defects. Prior to the conveyance of the PID Projects to the City, the <br />Developer shall correct or cause the correction of any known engineering or construction defects <br />then existing in the PID Projects or for satisfaction of any unpaid claim for materials or labor. The <br />City shall be under no obligation to contest or challenge any claim for labor or materials; provided, <br />however, that in the event the Developer fails to promptly correct any such defect or satisfy any <br />such claim subject to the notice and "non -monetary Failure" timelines of Section 4.6.1, the Citv <br />may elect to do so and, in such event, shall have full rights of subrogation. Subject to any <br />applicable statutes of limitation, the Developer shall pay the Citv for the City's costs in satisfying <br />any claim including, but not limited to, construction costs, engineering fees, attorneys' fees, <br />building or construction permits, filing fees or court costs. After conveyance of the PID Projects <br />to the City, the City shall look solely to the maintenance bond provided by the Developer pursuant <br />to Section 3. 10 of this Agreement to correct any defect in the PID Projects. <br />Reimbursement Agreement <br />Forestbrook Public Improvement District No. 1 Page 11 <br />0 185 81.000100114908 -9229-3 15 5.0 <br />