CITY’s ability to Sample Clauses

CITY’s ability to do the work at OPERATOR’S expense. In the event of OPERATOR’s default as described in Section 10.01, if OPERATOR fails to cure the default by the date specified, CITY may elect to undertake the work that Operator has failed to do or any work necessary or appropriate to diligently maintain the Premises. Should CITY elect to undertake such work, it shall serve OPERATOR written notice of its intent to enter the Premises and the exact nature of the work or correction it intends to perform. OPERATOR may void the notice and CITY’s right to enter and perform the work by promptly performing the work set forth in the CITY’s notice. The performance of the foregoing work by CITY shall be at the sole expense of OPERATOR and shall not be included as a Direct Cost. If CITY undertakes work pursuant to these procedures, CITY shall make a demand upon OPERATOR for payment of its costs. If OPERATOR fails to pay the costs incurred by CITY within thirty (30) days of the date the demand is made, CITY may bring legal action to collect the sums due and/or may deduct such costs from the Fixed Management Fee and Incentive Management Fee otherwise payable to OPERATOR. If legal action is necessary or appropriate to collect the amounts expended by CITY, OPERATOR shall pay CITY’s all attorneys’ fees and costs, court costs, and staff costs together with interest from the date which is thirty (30) days after CITY has made demand for payment. If CITY, in its sole discretion, elects to use in-house attorneys from the Office of the City Attorney, attorneys’ fees recovered by CITY pursuant to this section shall be at the hourly rate paid by the Association of Bay Area Governments for litigation counsel. Any actions taken by CITY pursuant to this Section 10.03.1.shall not cure any default by OPERATOR.