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It is specifically intended that this Agreement as may be amended, and all terms, conditions <br />and covenants herein, shall survive a transfer, conveyance, or assignment occasioned by the <br />exercise of foreclosure of lien rights by a creditor or a Parry, whether judicial or non judicial. <br />This Agreement shall be binding upon and inure to the benefit of the Parties and their respective <br />successors and Assignees. Notwithstanding the foregoing, however, Developer shall not have <br />the right to assign this Agreement, or any right, title, or interest of Owner under this Agreement, <br />until the District and all resulting districts have become a Party. <br />d. This Agreement is not intended to be binding upon, or create any encumbrance <br />to title as to, any ultimate consumer who purchases a fully developed and improved lot within <br />the Land. <br />Section 7.03. Remedies. In the event of default by any party, a non - defaulting party <br />may give the defaulting party written notice specifying the default (the "Notice "). If the <br />defaulting party fails to fully cure any default that can be cured by the payment of money <br />( "Monetary Default ") within 30 days after receipt of the Notice, or fails to commence the cure <br />of any default specified in the Notice that is not a Monetary Default within 30 days of the date <br />of the Notice, and thereafter to diligently pursue such cure to completion, then the other party <br />shall be entitled to a proper writ issued by a court of competent jurisdiction compelling and <br />requiring the defaulting party to observe and perform the covenants, obligations and conditions <br />described in this Agreement. The non - defaulting party may employ attorneys to pursue its <br />legal rights and if it prevails before any court or agency of competent jurisdiction, the defaulting <br />party shall be obligated to pay all expenses incurred by the non - defaulting parry, including <br />reasonable attorneys' fees not to exceed the usual and customary rate charged by the City <br />attorney. <br />No Bonds shall be issued during any period in which Developer is not in compliance <br />with any court order compelling performance under this Agreement as amended. Further, <br />during the cure period and continuing until the default or breach is cured, the District is <br />prohibited from taking any affirmative act to issue Bonds until the default or breach has been <br />cured. The City shall have all rights to enjoin the issuance of Bonds during any period during <br />which a default or breach remains uncured under this Section. If Developer fails to cause the <br />District to cure any default or breach, Developer shall not enter into any agreements with the <br />District or seek reimbursement from the District for any expenses incurred in connection with <br />the District or the development of the Land until the default or breach has been cured <br />Section 7.04. Cooperation. <br />a. The City, the Developer, and the District each agree to execute such further <br />documents or instruments as may be necessary to evidence their agreements hereunder. <br />b. In the event of any third party lawsuit or other claim relating to the validity of <br />this Agreement or any actions taken hereunder, the City, the Developer, and the District agree <br />to cooperate in the defense of such suit or claim, and to use their respective best efforts to <br />resolve the suit or claim without diminution in their respective rights and obligations under this <br />Agreement. <br />11 <br />