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engineering and construction of the Sanitary Sewer Interceptor. The City hereby represents and warrants that the City has readily available cash funds and will timely pay all of its costs specified herein. Article 6. Warranties and Representations by Parties. Each of SB&K, Dobie, Salinas & Rockford, Rakor, Shown and River Ridge specifically warrant and represent to each other and to the City as follows: 6.01. That each such party owns the respective tract of land requiring sewer service as set forth on Exhibit B attached hereto. 6.02. That each such party has full power and authority to enter into and to perform its duties and obligations under this Agreement. 6.03. That each such party will promptly pay all required costs and expenses pursuant to this Agreement. 6.04. That each party will provide any and all rights-of-way, easements or other access that may be reasonably necessary to construct the Sanitary Sewer Interceptor provided that the proposed location of the Sanitary Sewer Interceptor is not materially altered from that location shown in Exhibit A. Article 7. Notices. Any notice or communication under this Agreement shall be delivered in person or by registered or certified U.S. mail, addressed to the parties I addresses as set forth on Schedule F attached hereto. Article 8. Living Unit Equivalent Credit Agreement. Rakor and the City hereby acknowledge that each such party has executed that certain Living Unit Equivalent Credit Agreement in the form and content substantially identical to that attached to this Agreement as Exhibit H, and that neither the execution of nor the performance under such Living Unit Equivalent Credit Agreement shall affect or impair any party I s rights, duties or obligations under this Agreement. Article 9. Default and Remedies. 9.01. Each of (i) the failure of a party to pay any sum required to be paid by such party under the terms and provisions and during the time period specified in this Agreement, or (ii) the failure of a party to perform any of its other covenants or obligations hereunder, shall constitute a default by such party. In the event of the failure by River Ridge to perform any of its covenants or obligations hereunder, a majority of the parties hereto shall be entitled to either (a) terminate River Ridge as the Project Manager or (b) enforce specific performance upon River Ridge; provided, however, such parties shall be required to give River Ridge written notice of such default and River Ridge shall have 14 5 15/1026/3