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<br />e following, as it deems appropriate: <br /> <br />A. City may make advances or take other steps to cure the default, and, where <br />necessary, enter the Subject Property for that purpose. In making any such <br />advances, the City may (but shall not be required to) draw upon the funds <br />contained in the Improvement Escrow. The Developer shall pay all sums so <br />advanced or expenses incurred by the City, upon demand, with interest from the <br />dates of such advances or expenses at the rate of 10% per annum. No action <br />taken by the City pursuant to this section shall be deemed to relieve the <br />Developer from curing any such default to the extent that it is not cured by the <br />City or from any other default hereunder. The City shall not be obligated, by <br />virtue of the existence or exercise of this right, to perform any such act or cure <br />any such default. The Developer shall save, indemnify, and hold harmless, <br />including reasonable attorney fees, the City from any liability or other damages <br />which may be incurred as a result of the exercise of the City's rights pursuant to <br />this section. <br /> <br />B. Obtain an Order from a Court of competent jurisdiction requiring the Developer <br />to specifically perform its obligations pursuant to the terms and provisions of <br />this Agreement. <br /> <br />e <br /> <br />C. <br /> <br />Exercise any other remedies which may be available to it including an action for <br />damages. <br /> <br />D. 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 /> <br />E. In addition to the remedies and amounts payable as set forth herein, upon the <br />occurrence of an event of default, the Developer shall pay to the City all fees and <br />expenses, including reasonable attorney, engineering and consulting fees, <br />incurred by the City as a result of the event of default, whether or not a lawsuit <br />or other action is formally taken. <br /> <br />9. Prior Land Occupancy. In the event that any lot the Plat becomes occupied <br />prior to completion of all improvements contemplated by this Agreement and acceptance <br />thereof by the City, Developer shall provide all maintenance necessary (specifically including, <br />but not limited to, snow plowing) to provide pedestrian and vehicular access to Lexington <br />Avenue, provided: <br /> <br />A. This shall not require Developer to provide any such maintenance upon any <br />occupied lot; and <br /> <br />e <br /> <br />B. <br /> <br />The Developer's obligation hereunder shall terminate upon completion of and <br /> <br />7 <br />