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event MPOA cannot complete such cure within the applicable time <br />period, if MPOA fails to diligently proceed to complete such cure, <br />then the City may do so, and MPOA shall be liable to the City for <br />the cost thereof. Without limitation on other available remedies, <br />(i) the City may add any such liability to the City t s water use <br />billings for water service to Landscaping in the Public Right -of - <br />Way, and all remedies for nonpayment of charges for water usage <br />shall likewise apply to nonpayment of liability incurred under this <br />section; and (ii) the City reserves the right to make emergency <br />repairs to the Street Lighting system as it may deem necessary for <br />the immediate protection of the public health and safety, and MPOA <br />agrees to reimburse the City for any cost and expense incurred in <br />effecting such repairs. <br />13. TERMINATION <br />(a) The City may terminate this Agreement either as to <br />Landscaping or as to Street Lighting or as to both Landscaping and <br />Street Lighting, and thereby revoke the license granted under <br />section 2 hereinabove and/or the license granted under section 4 <br />hereinabove upon a determination by the City Council that MPOA has <br />demonstrated a pattern of noncompliance with the terms and <br />conditions of this Agreement or that such termination is necessary <br />for the protection of the public health or safety. No such <br />determination shall be made by the City Council unless MPOA has <br />first been given the opportunity to be heard by the City Council on <br />the question of whether this Agreement should be terminated by the <br />City. This Agreement shall not otherwise be terminated except upon <br />10 <br />