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X. REIMBURSEMENT FOR LITIGATION EXPENSES <br /> <br />The City and Tenant Developer agree that the prevailing party in any litigation <br />pertaining to the enforcement of this Agreement shall be entitled <br />to reimbursement from the non-prevailing party for all reasonable costs incurred <br />by said prevailing party including court costs and reasonable engineering and <br />attorneys' fees. <br /> <br />XI. VALIDITY <br /> <br />If a portion, section, subsection, sentence, clause, paragraph or phrase in this <br />Agreement is for any reason held to be invalid by a court of competent <br />jurisdiction, such decision shall not affect or void any of the other provisions of <br />the Site Improvement Performance Agreement. <br /> <br />XII. GENERAL <br /> <br />A. Binding Effect. The terms and provisions hereof shall be binding upon <br />and inure to the benefit of the heirs, representatives, successors and <br />assigns of the parties hereto and shall be binding upon all future owners of <br />all or any part of the Property and shall be deemed covenants running with <br />the land. <br /> <br /> <br />D.Notices. Whenever in this Agreement it shall be required or permitted that <br />notice or demand be given or served by either party to this Agreement to <br />or on the other party, such notice or demand shall be delivered personally <br />or (i) mailed by United States mail by certified mail (return receipt <br />requested)or (ii) sent by nationally recognized overnight carrier to the <br />addresses hereinbefore set forth on Page 1 . Such notice or demand shall <br />be deemed timely given when delivered personally or when deposited in <br />the mail or the overnight carrier in accordance with the above. The <br />addresses of the parties hereto are as set forth on Page 1 until changed by <br />notices given as above. <br /> <br /> <br />E.Incorporation by Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let <br />pursuant to this Agreement shall be and hereby are made a part of this <br />Agreement by reference as fully as if set out herein in full. <br /> <br /> <br />F.Hours of Construction Activity. All construction activity shall be <br />limited to the hours set out as follows: <br /> <br />Monday through Friday 7:00 a.m. to 7:00 p.m. <br />Saturday 9:00 a.m. to 5:00 p.m. <br />Sunday and Holidays No working hours allowed <br /> <br /> Lino Lakes McD Changes Site Performance Agreement 091113 rev JW 091813 .doc page 7 of 9 <br /> <br />