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b. If the Owner is in Default, the City's sole and exclusive remedy shall be to seek <br />specific enforcement of this Reimbursement Agreement. No Default by the <br />Owner, however, shall: (1) affect the obligations of the City to use the net <br />proceeds of Major Public Improvement PID Bonds as provided in Section 6 of <br />this Reimbursement Agreement; or (2) entitle the City to terminate this <br />Reimbursement Agreement. In addition to specific enforcement, the City shall <br />be entitled to attorney's fees, court costs, and other costs of the City to obtain <br />specific enforcement. <br />c. If the City is in Default, the Owner's sole and exclusive remedies shall be to: <br />(1) seek a writ of mandamus to compel performance by the City; or (2) seek <br />specific enforcement of this Reimbursement Agreement. <br />18. Miscellaneous. <br />a. The failure by a Party to insist upon the strict performance of any provision of <br />this Reimbursement Agreement by the other Party, or the failure by a Party to <br />exercise its rights upon a Default by the other Party shall not constitute a waiver <br />of such Party's right to insist and demand strict compliance by such other Party <br />with the provisions of this Reimbursement Agreement. <br />b. The City does not waive or surrender any of its governmental powers, <br />immunities, or rights except to the extent permitted by law and necessary to <br />allow the Owner to enforce its remedies under this Reimbursement Agreement. <br />c. Nothing in this Reimbursement Agreement, expressed or implied, is intended <br />to or shall be construed to confer upon or to give to any person or entity other <br />than the City and the Owner any rights, remedies, or claims under or by reason <br />of this Reimbursement Agreement, and all covenants, conditions, promises, and <br />agreements in this Reimbursement Agreement shall be for the sole and <br />exclusive benefit of the City and the Owner. <br />d. This Reimbursement Agreement may be amended only by written agreement <br />of the Parties. <br />e. This Reimbursement Agreement may be executed in counterparts, each of <br />which shall be deemed an original. <br />[Signature pages to follow] <br />