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c. Owner hereby directs Northwestern Title to <br /> immediately notify the City of any change in its status as <br /> the exclusive escrow agent for sales of townhouses from Del <br /> Valle Manor. <br /> <br /> 4. City's Remedies. Upon failure of Owner to cause the <br />City to be paid upon close of the thirty-fourth escrow in the Del <br />Valle Manor project, the City shall have each and all of the <br />following rights and remedies: <br /> <br /> a. The City may proceed. in an action to collect debt <br /> against Owner and each General Partner of the Owner. <br /> <br /> b. The City may withhold occupancy from any remaining <br /> unoccupied dwelling within the Del Valle Manor. <br /> <br /> c. Any other remedy available at law or equity. <br /> <br /> 5. Attorney's Fees. If either party commences an action <br />against the other arising out of or in connection with this <br />Agreement, the prevailing party shall be entitled to have and <br />recover reasonable attorney's fees and costs of suit. <br /> <br /> - 4 - <br /> <br /> <br />