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Prudential <br />Prudential <br />Prudential <br /> <br />shall be subject to agreement by City and <br />regarding the portion of the expenses which <br />shall have the right to be reimbursed by <br /> <br /> others making use of the expanded capacity. In the <br /> event Prudential chooses not to fund the above expenses, <br /> City shall be absolved of any requirement to use its <br /> good faith efforts under Section 17(a) above. <br /> <br /> 18. Nonwaiver. Failure of either City or Pruden- <br />tial to enforce any provision of this Second Amended Agree- <br />ment shall not be construed as a waiver of the right to <br />compel enforcement of such provision and shall not release <br />the other party from its obligations under this Second <br />Amended Agreement. <br /> <br /> 19. Attorneys' Fees. In the event any party to <br />this Second Amended Agreement shall bring an action or pro- <br />ceeding (including, without limitation, any cross-complaint, <br />counterclaim or third party claim) against another party by <br />reason of the breach or alleged violation of any covenant, <br />term or obligation hereof, or for the enforcement of any <br />provision hereof, or to interpret this Second Amended Agree- <br />ment, or an action or proceeding otherwise arises out of <br />this Second Amended Agreement, the prevailing party in such <br />action or proceeding shall be entitled to its costs and <br />expenses of suit, including, but not limited to, reasonable <br />attorneys' fees, which shall be payable whether or not such <br />action is prosecuted to judgment. "Prevailing party" within <br /> <br />K234-20-A/Sep08 <br /> <br /> <br />