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after the defaulting PARTY'S receipt of written notice from the nondefaulting <br /> PARTY that such obligation was not performed. <br /> 7.2. Remedies Upon Default. Upon the occurrence of any default and after the <br /> defaulting PARTY has received written notice of default and the time period to <br /> cure the default has expired, the nondefaulting PARTY may at its option pursue i <br /> damages or specific performance or other legal and equitable remedies the injured <br /> PARTY may have against the defaulting PARTY in accordance with applicable <br /> law. Should any CITY fail to pay any payment due by that CITY hereunder, <br /> COUNTY may take any action as is appropriate to obtain such payment. Nothing <br /> herein shall be construed as COUNTY'S exclusive remedy for the remediation of I <br /> default by a CITY or CITIES, and COUNTY reserves the right to pursue any and <br /> I <br /> all available rights and remedies at law or in equity. <br /> 7.3. Non-refund of Contributions. The payments made by all PARTIES pursuant to <br /> i <br /> this AGREEMENT shall be used for completion and maintenance of the NEW <br /> i <br /> SHELTER in the manner described herein and all PARTIES acknowledge and <br /> agree that the completion and maintenance of the NEW SHELTER, as well as the <br /> completion of each phase of construction activity and each construction milestone <br /> under the CONSTRUCTION CONTRACT, provides an immediate benefit to <br /> each PARTY and that no payments made pursuant to this AGREEMENT shall be ' <br /> refunded for any reason other than pursuant to the last sentence of Section S.La. <br /> S. Results of Nonpayment by any CITY. <br /> i <br /> i <br /> 8.1. Adjustment of Payments Upon Nonpayment: <br /> a) All PARTIES acknowledge that the failure of any CITY to pay any <br /> amount hereunder will result in an increase in the operational costs of sheltering I� <br /> SERVICES to be divided among all other CITIES. To that end, in the event <br /> any CITY fails to pay, for any other reason, any amount to be paid by that <br /> CITY under this AGREEMENT, within fifteen (15) days of when such <br /> payment is due, the amount of such nonpayment will be apportioned <br /> among the remaining CITIES such that the remaining CITIES' will be <br /> responsible to pay such unpaid amount. The amounts paid by the <br /> remaining CITIES pursuant to this section will be applied in the following <br /> order: first to replenish any COUNTY funds spent on ACTUAL <br /> CONSTRUCTION COSTS that would have been paid by funds owed by <br /> the nonpaying CITY, second to pay any other amounts due to COUNTY <br /> by the nonpaying CITY pursuant to this AGREEMENT, and the <br /> 9 <br /> 25C-14 <br />