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11. REMEDIES. Upon the occurrence of an event of default, the City, in addition to any <br />other remedy which may be available to it, shall be permitted to do any of the following: <br /> A. City may make advances or take other steps to cure the default, and, where necessary, enter <br />the Lots within the Plat for that purpose. The defaulting party shall pay all sums so advanced, or expenses <br />incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate <br />of 10% per annum or the maximum amount permitted by law if less than 10%. If no action taken by the <br />City pursuant to this section shall be deemed to relieve the defaulting party from curing any such defaults <br />to the extent that it is not cured by the City or from any other default hereunder. The City shall not be <br />obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such <br />default. Arden Plaza and the Couch/JGC Trusts shall save, indemnify, and hold harmless, including <br />reasonable attorney’s fees, the City from liability or other damages which may be incurred as a result of <br />the exercise of the City’s rights pursuant to this section against either party. <br /> B. Obtain an order from a Court of Competent Jurisdiction requiring the defaulting party to <br />specifically perform its obligations pursuant to the terms and provisions of this Agreement. <br /> C. Exercise any other remedies which may be available to it, including an action for damages. <br /> D. Withhold the issuance of any building permits and/or prohibit the occupancy of all <br />building which permits have been issued. <br /> E. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of <br />an event of default, the defaulting party shall pay the City all fees and expenses, including reasonable <br />attorney’s fees, engineering and 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 />12. COUNTERPARTS. This Agreement may be executed in any number of counterparts, <br />each of which shall be an original, but all of which together shall constitute one instrument. <br />13 <br />174869v10