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18. PERFORMANCE PROVISIONS <br />If the Contractor should neglect to prosecute the work properly or fail to perform any <br />provisions of this contract, the City shall provide written notice to the Contractor of such <br />inadequacy. Three (3) days after delivery of such Notice to Contractor, if Contractor has failed to <br />correct the inadequacy, the City may, without prejudice to any other remedy it may have, make <br />good such deficiencies and may deduct the cost thereof from the payment then or thereafter due <br />the Contractor, provided, however, that the Executive Director of the Public Works Agency of the <br />City shall approve such action and certify the amount thereof to be charged to the Contractor, <br />19. RESOLUTION OF CONSTRUCTION CLAIMS <br />Contractors claims of $375,000 or less shall be resolved in accordance with the <br />provisions of Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public <br />Contract Code. <br />20. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the <br />power, authority and right to bind their respective parties to each of the terms of this <br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to City in the event that such authority or power is <br />not, in fact, held by the signatory or is withdrawn. <br />b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />