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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 <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 <br />default by a CITY or CITIES, and COUNTY reserves the right to pursue any and <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 />this AGREEMENT shall be used for completion and maintenance of the NEW <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 />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 <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 />25C -14 <br />