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(3) The City may take any action, including legal or administrative action, in <br />law or equity, which may appear necessary or desirable to enforce performance and observance <br />of any obligation, agreement, or covenant of the Developer under this Agreement. <br />Section 4.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the City is intended to be exclusive of any other available remedy or remedies, but each and <br />every such remedy shall be cumulative and shall be in addition to every other remedy given <br />under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or <br />omission to exercise any right or power accruing upon any default shall impair any such right or <br />power or shall be construed to be a waiver thereof, but any such right and power may be <br />exercised from time to time and as often as may be deemed expedient. <br />Section 4.4. No Implied Waiver. In the event any agreement contained in this <br />Agreement should be breached by any party and thereafter waived by any other party, such <br />waiver shall be limited to the particular breach so waived and shall not be deemed to waive any <br />other concurrent, previous or subsequent breach hereunder. <br />Section 4.5. Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of <br />Default occurs and the City shall employ attorneys or incur other expenses for the collection of <br />payments due or to become due or for the enforcement or performance or observance of any <br />obligation or agreement on the part of the Developer herein contained, the Developer agrees 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. <br />Section 4.6. Indemnification of City. <br />(1) The Developer (a) releases the City and its governing body members, <br />officers, agents, including the independent contractors, consultants and legal counsel, servants <br />and employees (collectively, the "Indemnified Parties") from, (b) covenants and agrees that the <br />Indemnified Parties shall not be liable for, and (c) agrees to indemnify and hold harmless the <br />Indemnified Parties against, any claim, cause of action, suit or liability for loss or damage to <br />property or any injury to or death of any person occurring at or about or resulting from any <br />defect in the Project or on the Development Property. <br />(2) Except for any willful misrepresentation or any willful or wanton <br />misconduct of the Indemnified Parties, the Developer agrees to protect and defend the <br />Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any <br />claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever <br />arising or purportedly arising from the actions or inactions of the Developer (or other persons <br />acting on its behalf or under its direction or control) under this Agreement, or the transactions <br />contemplated hereby or the acquisition, construction, installation, ownership, and operation of <br />the Project. <br />(3) All covenants, stipulations, promises, agreements and obligations of the <br />City contained herein shall be deemed to be the covenants, stipulations, promises, agreements <br />and obligations of the City and not of any governing body member, officer, agent, servant or <br />employee of the City. <br />8 <br />8387812v1 <br />