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<br />216506v1 <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 />5. NOTIFICATION INFORMATION. Any notice to a Party shall be in writing and shall be <br />deemed to have been given or delivered on the earlier to occur of when hand delivered to or <br />otherwise actually received by such Party, or two (2) business days after it was sent to such Party <br />by certified mail, return receipt requested, addressed to such Party as follows or to such other <br />address as shall have been specified by such Party in a notice given pursuant to this Section: <br /> <br /> If to the City: <br /> <br /> Arden Hills City Administrator <br /> 1245 Highway 96 <br /> Arden Hills, MN 55112 <br /> <br /> If to Developer: <br /> <br /> JAB REAL ESTATE, LLC <br /> 4732 Perry Avenue North <br /> Crystal, MN, 55429 <br /> Attention: Anders Haugen <br /> <br />6. MODIFICATIONS. This Agreement may be modified solely through written <br />amendments hereto by the Developer, Property Owner and City. <br />