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The Developer shall also reimburse the City for all costs, <br />including attorneys' fees, and expert witness fees, incurred by <br />the City relating to the enforcement of the terms and provisions <br />of this Development Contract, whether by injunction or any other <br />legal or equitable remedy. <br />The Developer shall also reimburse the City for all costs <br />incurred by the City in conjunction with the issuance and <br />monitoring of this permit; including, but not limited to, legal, <br />planning, engineering, inspection and administration services <br />incurred in connection with the approval and acceptance of the <br />activities on the Property, the preparation of this Agreement, <br />and all reasonable costs and expenses incurred by the City in <br />monitoring and inspecting operation of the work. <br />Said reimbursement shall be made within thirty (30) days of <br />Developer's receipt of a statement of• amount due from the City. <br />12. Developer's Default. In the event of default by the <br />Developer as to the performance of any of Developer's obligations <br />set forth in this Development Contract and in the event of <br />default by the Developer as to any of the work to be performed by <br />Developer hereunder, the City may, at its option, perform the <br />obligation or the work, and the Developer shall promptly <br />reimburse the City for any expenses incurred by the City relating <br />thereto., provided the Developer is first given written notice of <br />the non - performance or of the work in default, not less than <br />fourteen (14) days in advance. This Agreement is a license for <br />the City to act, and it shall not be necessary for the City to <br />seek a Court order for permission to enter the land. When the <br />City does any such work, the City may, in addition to its other <br />remedies, assess the cost thereof in whole or in part. In the <br />event of default by the Developer, the City, at its option, may <br />proceed against the security for completion of the work. <br />13. Miscellaneous. <br />A. This Contract shall be binding upon the parties, <br />their heirs, successors or assigns, as the case may be. <br />B. Breach of the terms of this Contract by the <br />Developer shall be grounds for denial of building permits. <br />C. If any portion, section, subsection, sentence, <br />clause, paragraph, or phrase of this Contract is for any reason <br />held invalid( such decision shall not affect the validity of the <br />remaining portions of this Contract. <br />D. The action or inaction of the City shall not <br />constitute a waiver to or amendment of the provisions of this <br />Contract. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution <br />3 <br />4 <br />