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b. The right to reimbursement shall be personal to <br />Developer and shall continue notwithstanding subsequent sale or <br />transfer of the Property; provided that Developer shall have the <br />right to assign its rights to such reimbursement to another person <br />or entity at any time. <br /> <br /> 8. Term. City will ceases collecting fees and the Developer <br />will not be entitled to further reimbursement under this Agreement <br />after August 30, 1999. <br /> <br /> 9. Disputes. Disputes arising as to this Agreement or as to <br />connections or charges shall be resolved by the City Manager. Any <br />appeal from his decision shall be in writing addressed to the City <br />Council. Final Council action shall be required before any suit <br />is commenced in Superior Court based on this Agreement. The <br />prevailing party in any action/proceeding commenced in Superior <br />Court hereunder shall be entitled to recover its reasonable <br />attorneys fees, in addition to any other relief to which such <br />party may be entitled. <br /> <br /> 10. Enforcement. City shall use its best efforts to prevent <br />other landowners within the Benefit Area from connecting to the <br />Improvements without paying the reimbursement fee provided for <br />herein, and shall not issue necessary permits, licenses or <br />consents for such connections without payment of the fees herein <br />provided. If, despite City's good faith efforts to prevent same, <br />connections to or use of the Improvements by new units in the <br />Benefit Area should occur without payment of the necessary fee, <br />City shall not be responsible for payment of the amount which <br />would have been paid to Developer, provided that Developer shall <br />be entitled, and is hereby authorized by City to pursue collection <br />of such fees by means of private right of action, or any other <br />lawful means, against the party using the Improvements without <br />payment of the required fees. City agrees to participate in and <br />to cooperate with and assist Developer in any such action, upon <br />request of Developer, if such participation and cooperation is <br />required to enforce Developer's collection rights hereunder. In <br /> <br /> - 3 - <br /> <br /> <br />