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Attachment J I expenses incurred by the City upon demand, with interest from the date of such advances 2 or expenses at the rate of 10% per annum or the maximum amount allowed by law, 3 whichever is less. No action taken by the City pursuant to this section shall be deemed to 4 relieve the Developer from curing any such default to the extent that it is not cured by the 5 City or from any other default hereunder. The City shall not be obligated, by virtue of 6 the existence or the exercise of this right, to perform any such act or cure any such 7 default. 8 2. The Developer shall defend, indemnify, and hold the City and its mayor, 9 councilmembers,, employees, agents and contractors, harmless, including reasonable 10 attorneys fees, from any liability or damages which may be incurred as a result of the I I exercise of the City's rights pursuant to this or the preceding section. 12 3. Obtain an order from a court of competent jurisdiction requiring the Developer to 13 specifically perform its obligations pursuant to the terms and provisions of this 14 Agreement. 15 4. Obtain an order from a court of competent jurisdiction enjoining the continuation of an 16 event of default. 17 5. Halt all development work and construction of improvements until such time as the event 18 of default is cured. 19 6. Withhold the issuance of a building permit or permits and/or prohibit the occupancy of 20 any structure(s) for which permits have been issued. 21 7. Draw upon and utilize the Developer's letter of credit to cover the costs of the City in 22 order to correct the default,, the costs to complete any unfinished Public Improvements, 23 the costs to draw on the Letter of Credit and/ or the costs to enforce this Agreement. 24 8. Terminate this Agreement by written notice to Developer at which time all terms and 25 conditions contained herein shall be of no further force or effect and all obligations of the 26 parties imposed hereunder shall null and void. 27 9. Exercise any other remedies which may be available to it at law or in equity. 28 In addition to the remedies and amounts payable set forth or permitted above, upon the occurrence of an 29 event of default,, the Developer shall pay to the City all fees and expenses, including attorneys fees, 30 incurred by the City as a result of the event of default, whether or not a lawsuit or other action is 31 formally taken. 32 V. Assignment. The Developer may not assign this Contract without the written permission of the 33 Roseville City Council. 34 W. Notices to the Developer. Notices to the Developer shall be in writing, and shall be either hand 35 delivered to Ian Peterson,, Vice President,, or any other officer of the Developer, or mailed to the 36 Developer by registered or certified mail, postage prepaid, to the following address.- 37 Pulte Homes of Minnesota 38 7500 Office Ridge Circle, Suite 325 39 Eden Prairie,, MN 55344 40 Attention.* Ian Peterson,, Vice President 41 Email.- Ian.peterson&pultegroup.com Page 1 0 of 15