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9 <br />189822v5 <br />of such advances or expenses at the rate of 10% per annum. No action taken by the City <br />pursuant to this section shall be deemed to relieve Developer from curing any such default to the <br />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 <br />such default. Developer shall save, indemnify, and hold harmless, including reasonable attorney <br />fees, the City from any liability or other damages which may be incurred as a result of the <br />exercise of the City's rights pursuant to this section, other than if arising, in whole or in part, <br />because of the City’s negligence or willful misconduct. <br />(2) Obtain an Order from a Court of competent jurisdiction requiring <br />Developer to specifically perform its obligations pursuant to the terms and provisions of this <br />Agreement. <br />(3) Exercise any other remedies which may be available to it including an <br />action for damages. <br />(4) Withhold the issuance of any or all building permits and/or prohibit the <br />occupancy of all building(s) for which permits have been issued. <br />(5) In addition to the remedies and amounts payable as set forth herein, upon <br />the occurrence of an Event of Default, Developer shall pay to the City all reasonable fees and <br />expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as <br />a result of the Event of Default, whether or not a lawsuit or other action is formally taken. <br /> <br />IN WITNESS WHEREOF, the above-named parties have caused this Agreement to be <br />executed as of the date and year first above written. <br /> <br /> <br />