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Oec ,15 O0 04:lOp Lam O~ices 3147272~14 boud running to the City, with good and sufficlcnt surety, in the penal amount of one h~.mdred thousand dollars ($100,000 00) This performance bond shall be conditioned upon American's agreement to well and truly observe, fulfill and pcrl~brm each term and condition of this Agreement. In case of any breach of condition of the performance bond, the amount thereof shall be recoverable firore the principal and sureties by the City for all damages proximately resulting ii'om the failure of American to well and faithfully observe and perform any provisions of this Agreement. The performance bond referred to in this Section 17 shall contain an endorsement stating that the perforn~ance bond is extended to cover the liability of American under the terms of this Agreement and shall further provide that the performance bond is not cancelable, ~hat a renewal shall not be denied, and that coverage shall not be reduced, until a timely and satist;actory inspection of the completed project is made by the City or sixty (60) days has passed from the date notice was given to the City indicating completion of the project without an inspection, Upon American giving written notice to the City of cmnpletion of construction of its lhcilit[es, the performm~cc bond may be reduced to ten thousand dollars ($10,000.00), provided that on such reduction date there arc no claims ofat~y type outstanding at such time asserted against American or the City, arising out of any acts or omissions of American or its contractors. The form of the perlbrmance bond must be approved by the City Attorney, and the bond shall be filed and maiutained with the City Manager during the Term. Any person may execute on the aforesaid performance bond to collect any judgment entered in favor of the person and against American lbr breach or failure to perfbrm any provision of this Agreement. 18. Assign:nent or Use By Another. American may assign or otherwise transfer this Agreement or the license heroin grin:ted to an anaf~liated provider only upon prior written consent by the City, which consent shall not be unreasonably witkheld or delayed. Every quarter, ,Mth the compensation payment required in Section 10, American shall provide the City with a list of auy and all persons using the Facilities to provide ,?,,holesale or resale services. 19. Force Ma]eure. The time of performance of any duty or obligation of City or American hereunder (except with respect to the payment of fees, charges and other amounts payable by American to City hcrcunder) shall bc extended for the period during which performance was delayed or impeded by reason of strikes, lock outs, inability to procure materials or building permits, failure of power, restrictive governmental laws or regulations, riots, insurrections, war, fire, casualty, earthquake, acts of God, or other reasons of a like nature not the ihult of the party perthfining such duty or obligation -10-