Laserfiche WebLink
not be obligated, by virtue of the existence or exercise of this right, to perform <br />any such act or cure any such default. Developer shall save, indemnify, and hold <br />harmless, including reasonable attorney fees, the City from any liability or other <br />damages which may be incurred as a result of the exercise of the City's rights <br />pursuant to this section, other than if arising, in whole or in part, because of the <br />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 <br />provisions of this 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 <br />reasonable fees and expenses, including reasonable attorney, engineering and <br />consulting fees, incurred by the City as a result of the Event of Default, whether <br />or not a lawsuit or other action is formally taken. <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 />[Remainder of page intentionally left blank. Signatures on next page.] <br />