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Section 7.03. Remedies. In the event of default by any party, a non -defaulting party <br />may give the defaulting p arty written notice specifying the default (the "'Notice"). If the <br />defaulting parry 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 <br />cure of any default specified in the Notice that is not a Monetary Default within 30 days of <br />the date of the Notice, and thereafter to diligently pursue such cure to completion, then the <br />other party shall be entitled to a proper writ issued by a court of competent jurisdiction <br />compelling and requiring the defaulting party to observe and perform the covenants, <br />obligations and conditions described in this Agreement. The non -defaulting party may <br />employ attorneys to pursue its legal rights and if it prevails before any court or agency of <br />competent jurisdiction, the defaulting party shall be obligated to pay all expenses incurred by <br />the non -defaulting party, including reasonable attorneys' fees not to exceed the usual and <br />customary rate charged by the City attorney. <br />No Bonds shall be issued during any period in which Developer is not in compliance <br />with any courtorder 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 the <br />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 to <br />cooperate in the defense of such suit or claim, and to use their respective best efforts to resolve <br />the suit or claim without diminution in their respective rights and obligations under this <br />Agreement. <br />13 <br />