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sue for money damages, or to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement Section 9.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient Section 9.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not" be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of. Default occurs and the City shall employ attorneys or incur other reasonable expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefore, pay to the City the reasonable fees of such attorneys and such other reasonable expenses so incurred by the City. ARTICLE XI ADDmONAL PROVISIONS Section 10.1. Restrictions on Use. The Developer agrees for itself, assigns and every successor in interest to the Development Property, or any part thereof, that the Developer and such successors and assigns shall during the term of this Agreement devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 10.2. Conflicts of Interest No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Minimum Improvements, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the Developer in the event of any default or breach by the City under the terms of this Agreement. Section 10.3. Titles of Articles and Sections. Any titles of the several parts, articles and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 27