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<br /> Direct Bore, Inc. Site Performance Agreement page 9 of 11 <br />XI. REIMBURSEMENT FOR LITIGATION EXPENSES. <br /> <br />The City and Developer agree that the prevailing party in any litigation pertaining <br />to the enforcement of this Agreement shall be entitled to reimbursement from the <br />non-prevailing party for all reasonable costs incurred by said prevailing party <br />including court costs and reasonable engineering and attorneys' fees. <br /> <br />XII. 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 />XIII. GENERAL. <br /> <br />A. Binding Effect. The terms and provisions hereof shall be binding upon and <br />inure to the benefit of the heirs, representatives, successors and assigns of the <br />parties hereto and shall be binding upon all future owners of all or any part of <br />the Property and shall be deemed covenants running with the land. <br /> <br />B. 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 or on <br />the other party, such notice or demand shall be delivered personally or (i) <br />mailed by United States mail by certified mail (return receipt requested) or (ii) <br />sent by nationally recognized overnight carrier to the addresses hereinbefore <br />set forth on Page 1. Such notice or demand shall be deemed timely given <br />when delivered personally or when deposited in the mail or the overnight <br />carrier in accordance with the above. The addresses of the parties hereto are <br />as set forth on Page 1 until changed by notices given as above. <br /> <br />C. Incorporation by Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let pursuant <br />to this Agreement shall be and hereby are made a part of this Agreement by <br />reference as fully as if set out herein in full. <br /> <br />D. Hours of Construction Activity. Construction activity shall be limited to the <br />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 />