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Reimbursement Agreement between City and Applied Biosystems Page 4 of 5 Section 11. Enforcement. Should the threshold for reimbursement occur, the City shall use good faith efforts to. prevent Property Owners within the Benefit Area from utilizing the Reimbursable Improvements without paying the Reimbursable Fees, and shall not issue necessary permits, licenses, nor consent for such use without payment of the required Reimbursable Fees. If, despite the City's efforts, use of the Reimbursable Improvement by new or existing owners in the Benefit Area should occur without payment of the required Reimbursable Fee, City shall not be responsible for payment of the amount that would have been paid to Developer. Developer shall be entitled, and is hereby authorized by the City, to pursue collection of the Reimbursable Fee by means of a private right of action or any other lawful means, against the Property Owner or the party using the Reimbursable Improvements without payment of the Reimbursable Fees. City agrees to cooperate with Developer in any such action, upon request of Developer. Section 12. Indemnity. Developer shall indemnify, hold harmless and defend the City, its officials, employees and agents from any claims regarding the collection of the Reimbursable Fee pursuant to this Agreement. Section 13. Counterparts and Exhibits. This Agreement is executed in three (3) duplicate counterparts, each of which is deemed to be an original. This Agreement and its Exhibits constitute the entire understanding and agreement of the parties. This Agreement and Exhibits integrate all of the terms and constitute the entire understanding of the parties with respect to the subject matter. All prior written agreements, understandings, representations, and statements are superseded by this Agreement.