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8 <br />194483v5 <br />1. City may make advances or take other steps to cure the default, and, where <br />necessary, enter the Property for that purpose. Developer shall pay all sums so advanced, or <br />expenses incurred by the City, upon demand, with interest from the dates of such advances or <br />expenses at the rate of 10% per annum or the maximum amount permitted by law if less than <br />10%. If no action taken by the City pursuant to this section shall be deemed to relieve Developer <br />from curing any such defaults to the extent that it is not cured by the City or from any other <br />default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this <br />right, to perform any such act or cure any such default. Developer shall save, indemnify, and <br />hold harmless, including reasonable attorney’s fees, the City from liability or other damages <br />which may be incurred as a result of the exercise of the City’s rights pursuant to this section. <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 building permits and/or prohibit the <br />occupancy of all building 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 the City all fees and expenses, <br />including reasonable attorney’s fees, engineering and consultant fees incurred by the City as a <br />result of an event of default, whether or not a lawsuit or action is formally undertaking. <br /> <br />IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be <br />executed as of the date and year first above written.