- Failure of the PROPONENT to post any of the performance securities shall be sufficient ground for the LGU to not execute this Agreement. Should the LGU, under any of the conditions stipulated under Article 14, terminate this Agreement, the performance security not so released shall be forfeited in favor of the PROPONENT without any need of judicial action. The PROPONENT shall obtain the consent of the surety, if necessary, for any changes to this Agreement to ensure the effectivity of the performance securities submitted to the LGU.