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[DRAFT] <br /> <br />(d) <br /> <br />~Failure by the Developer tO perform the obligation placed on it by Sections 3.3~, <br />7.6, 7.7, :¢~,7.12, 7.13, -7+M7, 12.3, 12.4, 13.1, 13.2, 14, and 15.1¢:e) of this Master <br /> <br />Defaults (a) through (d) are the only defaults for which the remedies of this SectiOn 15.3 are <br />available to the City. <br /> <br /> 15.4 NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. If any a~eement <br />contained in this Master A~eement is breached by the Developer and thereafter waived in <br />writing by the City, such waiver shall be limited to the particular breach so waived and shall not <br />be deemed to waive any other concurrent, previous or subsequent breaches hereunder. <br /> <br /> 15.5 ~,:r~x~,_EXCLUSi\, ~ 7E REMEDIES. The remedies set forth in Sections 15.1., 15.2 <br />and 15.3 are non-exclusive. <br /> <br /> 15.6 EMERGENCY. If Developer's default creates an imminent threat tO life, safety, <br />or health of the public, the City, without affirmative duty to do so, may proceed imrnediately to <br />cm'e the default and thereafter proceed pursuant to the provisions of Section __ <br /> <br /> 15.7 AGREEMENT TO PAY ATTORNEYS' FEES AND EXPENSES. Whenever <br />any default occm's and the City shall employ attorneys or incur other expenses for the collection <br />of payments due or to become due or for the enforcement or performance or observance of any <br />obligation or a~eernent on the part of the Developer herein contained, the Developer a~ees that <br />it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other <br />expenses so incurred by the City, unless the Developer prevails in any proceeding related to such <br />default, in which event the City a~ees, on demand therefor, to pay to the Developer the <br />reasonable fees of attorneys and other expenses incurred by the Developer. If the City defaults <br />under this Master Agreement, the City shall, on demand therefor, pay to the Developer the <br />reasonable attorneys' fees and other expenses related thereto incurred by the Developer, unless <br />the City prevails in any proceeding related to such default, in which event the Developer a~ees, <br />on demand therefor, to pay to the City the reasonable fees of attorneys and other expenses <br />incun'ed by the City. <br /> <br />ARTICLE 16 <br />MISCELLANEOUS <br /> <br /> 16.1 NO THIRD PARTY RECOURSE OR RIGHTS. Third parties shall have no <br />recourse or rights under this Master A~eement against the City or the Developer. <br /> <br /> 16.2 VALIDITY. If any portion, section, subsection, sentence, clause, paragraph <br />or phrase of this Master Agreement is for an3: reason held to be invalid, such decision shall <br />not affect the validiB' of the remaining portion of this Master Agreement. <br /> <br /> 16.3 RECORDING. The Developer must record this Master A~eement or a <br />memorandum sram-nary hereof with the County Recorder and/or Registrar of Titles, as <br />appropriate, contemporaneously with the recording of the Master Final Plat. The City shall <br />execute any and all documents necessary to implement the recording. <br /> <br />1555730.red <br />V8 tp V6; <br />8/29/03 <br /> <br />43 <br /> <br /> <br />