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11.REMEDIES . Upon the occurrence of an event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: A. City may make advances or take other steps to cure the default, and, where necessary, enter the Lots within the Plat for that purpose. The defaulting party shall pay all sums so advanced, or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10% per annum or the maximum amount permitted by law if less than 10%. If no action taken by the City pursuant to this section shall be deemed to relieve the defaulting party from curing any such defaults to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. Arden Plaza and the Couch/JGC Trusts shall save, indemnify, and hold harmless, including B. Obtain an order from a Court of Competent Jurisdiction requiring the defaulting party to specifically perform its obligations pursuant to the terms and provisions of this Agreement. C. Exercise any other remedies which may be available to it, including an action for damages. D. Withhold the issuance of any building permits and/or prohibit the occupancy of all building which permits have been issued. E. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, the defaulting party shall pay the City all fees and expenses, including reasonable and consultant fees incurred by the City as a result of an event of default, whether or not a lawsuit or action is formally undertaking. IN WITNESS WHEREOF , the City, Arden Plaza and the Couch/JGC Trusts have caused this Agreement to be executed as of the date and year first above written. 13