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on this Agreement. The prevailing party in any action or <br />proceeding hereunder shall be entitled to recover its reason- <br />able attorneys' fees, in addition to any other relief to <br />which such party may be entitled. <br /> <br /> 13. Enforcement. City shall use its best efforts to <br />prevent other landowners within the Benefit Area from con- <br />necting to the Improvements without paying the reimbursement <br />fee provided for herein, and shall not issue necessary per- <br />mits, licenses or consents for such connections without <br />payment of the fees herein provided. If, despite City's good <br />faith efforts to prevent same, connections to or use of the <br />Improvements by new units in the Benefit Area should occur <br />without payment of the necessary fee, City shall not be <br />responsible for payment of the amount which would have been <br />paid to Developer, provided that Developer shall be entitled, <br />and is hereby authorized by City, to pursue collection of <br />such fees by means of private right of action, or any other <br />lawful means, against the party using the Improvements with- <br />out payment of the required fees. City agrees to participate <br />in and to cooperate with and assist Developer in any such <br />action, upon request of Developer, if such participation and <br />cooperation is required to enforce Developer's collection <br />rights hereunder. In that event, Developer will indemnify <br />City from any claim over from any third party against the <br />City. <br /> <br /> 5 <br /> <br /> <br />