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ATTACHMENT A h.Exercise any other remedies which may be available to it at law or in equity. i. In addition to the remedies and amounts payable set forth or permitted above, upon the occurrence of an event of default, the Developer shall pay to the Cityall fees and expenses, including attorneys fees, incurred by the Cityas a result of the event of default, whether or not a lawsuit or other action is formally taken. 25.Assignment. The Developer may not assign this Contract without the written permission of the Roseville City Council. 26.Miscellaneous. a. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. b.If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. c. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers must be in writing, signed by the parties and approved by the Roseville City Council. The City’s failure to promptly take legal action to enforce a default under this Agreement shall not be a waiver or release of such default. d. This Agreement shall run with the land and shall be binding upon the Developer, and its successors and assigns. The Developer shall, at its expense, record this Agreement with the Ramsey County Recorder if the Property is abstract property and/or with the Ramsey County Register of Titles if the Property is Torrens property. e. The Developer shall, prior to the time this Agreement is recorded, furnish the City with a title opinion or other title evidence satisfactory to the City that the Developer is the fee simple owner of the Property, that there are no other parties having a lien or encumbrancing the Property (or if there are liens or encumbrances such parties have executed a Consent to this Agreement satisfactory to the City), and otherwise showing that title to the Property is satisfactory to the City. Arrangements for recording the Agreement shall be made by the Developer and the City to assure that title to the Property at the time of recording is satisfactory to the City. No development or other work shall occur with respect to the Property for which a mechanics lien can be filed prior to recording of this Development Agreement. f. The obligations of the Developer under this Agreement shall be the joint and several obligation of all parties signing this Agreement as Developer. IN WITNESS WHEREOF, the foregoing Agreement has been executed on the day and year first above written. CITY OF ROSEVILLE 9