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16 <br /> <br />event leading to such claim. <br /> <br />11.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the <br />DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or <br />demand, with respect to claims or demands asserted against the CITY by a third party of the <br />nature covered by Section 11.1, and provided that the CITY gives FORMAL NOTICE thereof, <br />the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel of its <br />own selection but approved by the CITY; the DEVELOPER will pay all costs and expenses <br />including attorneys' fees incurred in so defending against such claims, provided that the CITY <br />shall at all times also have the right to fully participate in the defense at the CITY's expense. <br />If the DEVELOPER fails to defend, the CITY shall have the right, but not the obligation, to <br />undertake the defense of, and to compromise or settle the claim or other matter at City’s sole <br />discretion and without further notice to the Developer, for the account of and at the risk of the <br />DEVELOPER. If the CITY elects to undertake defense, then in that event, all costs incurred <br />by the CITY, including any payment made to compromise a settlement claim, shall be the <br />responsibility of the DEVELOPER. <br /> <br /> <br />ARTICLE 12 <br />CITY REMEDIES UPON DEVELOPER DEFAULT <br /> <br />12.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused <br />by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the <br />DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the <br />DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, <br />does not cure the DEVELOPER DEFAULT, then the CITY may avail itself of any remedy <br />afforded by law and any of the following remedies: <br />a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT; <br /> <br />b) the CITY may suspend any work, improvement or obligation to be pe1fonned by the <br />CITY; <br /> <br />c) the CITY may collect on the irrevocable letter of credit ("LOC") or cash deposit <br />pursuant to Article 13 hereof; <br /> <br />d) the CITY may suspend or deny building and occupancy permits for buildings within <br />the FINAL PLAT; <br /> <br />e) the CITY may, at its sole option, perform the work or improvements to be performed <br />by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days <br />after written billing by the CITY reimburse the CITY for any costs and expenses <br />incurred by the CITY. In the alternative, the CITY may in whole or in part, specially <br />assess any of the costs and expenses incurred by the CITY; and the DEVELOPER <br />hereby waives any and all procedural and substantive objections to the installation and <br />construction of the work and improvements and the special assessment resulting <br />therefrom, including, but not limited to, notice and hearing requirement and any claim