7A, PC 09-011, Master Planned Unit Development

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~. City may make advances or take other steps to cure the default, and, where necessary, enter the Property for that purpose. Arden Plaza shall pay all sums so advanced, or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of ~o% per annum or the maximum amount permitted by law if less than ~o%. If no action taken by the City pursuant to this section shall be deemed to relieve Arden Plaza from curing any such defaults to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. Arden Plaza shall save, indemnify, and hold harmless, including reasonable attorney's fees, the City from liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. 2. Obtain an order from a Court of Competent Jurisdiction requiring Arden Plaza to specifically perform its obligations pursuant to the terms and provisions of this Agreement. 3. Exercise any other remedies which may be available to it, including an action for damages. 4. Withhold the issuance of any building permits and/or prohibit the occupancy of all building which permits have been issued. 5. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, Arden Plaza shall pay the City all fees and expenses, including reasonable attorneys fees, engineering and consultant fees incurred by the City as a result of an event of default, whether or not a lawsuit or action is formally undertaking. IN WITNESS WHEREOF, the City and Arden Plaza have caused this Agreement to be executed as of the date and year first above written. 8