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4. Default. In the event City determines that Camp, <br />Dresser & McKee, Inc, is in default under the Engineering <br />Agreements, City shall (i) withhold any further payments to <br />Camp, Dresser & McKee, Inc, and (ii) immediately notify <br />Prudential of such default. City shall use due diligence <br />to ensure that the terms and conditions contained in the <br />Engineering; Agreement are satisfied by CDM and that all <br />services performed by CDM shall be in accordance with the <br />accepted industry standards. <br />5. Procedure for Payment. City shall bill Prudential <br />by invoice for reimbursement on a periodic basis as City <br />incurs costs and expenses for which City is entitled to <br />obtain reimbursement from Prudential pursuant to this Agreement. <br />Subject to the terms of this agreement, payments by Prudential <br />to City of amounts to which City is entitled to reimbursement <br />pursuant to this Agreement shall be due and payable to„City <br />thirty (30) days from the date of invoice. <br />6. Acquisition By Assessment District. The varties <br />shall cooperate with each other to cause the North Pleasanton <br />Water Improvement District to be formed as soon as reasonably <br />practical and to cause the North Pleasanton [dater Improvement <br />District to reimburse Prudential for all costs and expenses <br />incurred or paid by Prudential, if such costs and expenses <br />are included as a part of the costs and expenses financed by <br />the North Pleasanton Water Improvement District and such <br />costs and expenses are reimbursable by the Pdorth Pleasanton <br />[Dater Improvement District to Prudential.- Reimbursement by <br />-3- <br />Try <br />