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(a) The Authority shall provide, or cause to be provided, a bond, in a form and by a <br />surety authorized to do business in the Commonwealth of Virginia, in the amount of Fifty <br />Thousand Dollars ($50,000.00) securing its faithful performance of the terms and conditions <br />of this Agreement ( "Performance Bond "). The Authority shall maintain such Performance <br />Bond for the duration of this Franchise Agreement, unless otherwise agreed to in writing by <br />the City. <br />(b) The Performance Bond shall guarantee the Authority's faithful performance of the <br />terms and conditions of this Agreement, including, but not limited to: (1) the timely completion of <br />construction; (2) compliance with applicable plans, permits, technical codes and standards; (3) <br />proper location of the facilities as specified by the City; (4) restoration of the public way and other <br />property affected by the construction as required by this Agreement; (5) the submission of "as- <br />built" drawings after completion of the work as required by this Agreement; (6) timely payment <br />and satisfaction of all claims, demands or liens for labor, material, or services provided in <br />connection with the work; and (7) the payment by the Authority of all lawful liens, taxes, damages, <br />claims, costs or expenses by the Authority under this Agreement and all other payments due to the <br />City from the Authority pursuant to this Agreement. <br />(c) Whenever the City determines that Authority has violated one (1) or more terms, <br />conditions or provisions of this Agreement for which relief is available against the <br />Performance Bond, a written notice shall be given to the Authority. The written notice shall <br />describe in reasonable detail the violation so as to afford the Authority an opportunity to <br />remedy the violation. The Authority shall have twenty (20) days subsequent to receipt of the <br />notice in which to correct the violation before the City may make demand upon the <br />Performance Bond. <br />(d) Such Performance Bond shall be in addition to any performance or defect bond or other <br />surety required by the City in connection with the issuance of any construction permit issued <br />pursuant to Chapter 32 of the City Code or any other local ordinance. <br />Section 9. Transfer of ownership. Notwithstanding any provision of this Agreement, the <br />Authority may not assign, transfer, lease or sell any of the rights and privileges granted hereunder <br />without the approval of the City Manager, which approval shall not be unreasonably withheld, <br />conditioned or delayed; provided, however, that no consent need be obtained to assign, transfer, <br />lease or sell any rights and privileges granted hereunder to any of Authority's affiliates or any <br />party providing financing to Authority, provided that no assignment, transfer, lease or sale shall <br />be effective until the assignee, transferee, lessee, or the purchaser, including an affiliate, has filed <br />with the City of Portsmouth a duly executed instrument reciting the fact of such assignment, <br />transfer, lease or sale and accepting the terms of the Agreement and agreeing to perform all of the <br />conditions thereof. <br />14 <br />