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<br />5.In addition to the remedies and amounts payable as set forth herein, upon <br />the occurrence of an event of default, the Developer shall pay the City all <br />fees and expenses, including reasonable attorneys fees, engineering and <br />consultant fees incurred by the City as a result of an event of default, <br />whether or not a lawsuit or action is formally undertaking. <br />IN WITNESS WHEREOF <br />, the City and the Developer have caused this Agreement to <br />be executed as of the date and year first above written. <br /> <br />168952 <br />