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the City will not be liable to Owner or its successors and <br />assigns for consequential damages in the event the City is unable <br />to fulfill its obligations pursuant to this Devel0oment Deferment <br />Agreement for reasons beyond its reasonable control. <br /> <br /> B. In the event of any litigation by ~nv third party <br />relating to the validity of this Agreement, O~er agrees to hold <br />harmless, defend and indemnify the City. O~ner's obligation to <br />indemnity City pursuant to this Paragraph shall not exceed Two <br />Hundred Fifty Thousand Dollars ($250,000.00). City agrees to <br />cooperate with ~..~er as necessary to the defense of any such <br />litigation. ~ner and City agree not to contest the validity <br />of this agreement against each other. <br /> <br /> C. In the event that a Court determines that any <br />Property Sewer Permits revert to the City based uoon a finding <br />that this Agreement is invalid, the City agrees to sell such <br />sewer capacity to ~ner for payment of the then applicable sewer <br /> <br /> The City's obligation oursuant to this Daragraoh <br /> severable from the other terms and conditions of <br /> <br />connection fees. <br />is separate and <br />this Agreement. <br /> <br /> 7. <br />amended <br /> <br /> Amendment or Cancellation. This Agreement may be <br /> <br /> or cancelled in whole or in par~ only by mutual consent <br />of the City and the ~ner from ~ime ~o ~ime of !~he Property as <br />this Agreement applied to the Property ~>r the Owner of Parcel C <br />as this agreement applies to Parcel C <br /> <br />8. Uotices. All notices requ~r~d or provided for under <br />this Agreement shall be in ~ritinB, sba!l !~e delivered in person <br /> <br /> <br />