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<br />other default hereunder. The City shall not be obligated, by virtue of . <br />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 <br />harmless, including reasonable attomey fees, the City from any liability <br />or other damages which may be incurred as a result of the exercise of <br />the City's rights pursuant to this section. <br /> <br />B. Obtain an Order from a Court of competent jurisdiction requiring the <br />Developer to specifically perform its obligations pursuant to the terms <br />and provisions of this Agreement. <br /> <br />C. Exercise any other remedies which may be available to it including an <br />action for 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, <br />upon the occurrence of an event of default, the Developer shall pay to <br />the City all fees and expenses, including reasonable attomey, <br />engineering and consulting fees, incurred by the City as a result of the <br />event of default, whether or not a lawsuit or other action is formally <br />taken. <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. <br /> <br />. <br /> <br />CITY OF ARDEN HILLS, <br />.a Minnesota statutory city <br /> <br />ATTEST: <br /> <br />Beverly Aplikowski, Mayor <br /> <br />Aaron Parrish, Acting City Administrator <br /> <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF ) <br /> <br />On this _ day of , 2003, before me, a notary public within and for <br />said county, personl,lIly appeared Beverly Aplikowski and Aaron Parrish, to me known to be <br />respectively the Mayor and Acting City Administrator of the City of Arden Hills, and they <br />executed the foregoing instrument and acknowledged that they executed the same by <br />authority of and on behalf of City of Arden Hills. <br /> <br />Notary Public <br /> <br />. <br /> <br />4 <br />