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S E P 't 0 1383 <br /> <br />the City will not be liable to C~ner or its successors and <br />assigns for consequential damages in the event the City is unable <br />to fulfill its obligations pursuant to this Development Deferment <br />Agreement for reasons beyond its reasonable <br /> <br /> B. 'In the event of any litigation b? any third partv <br /> <br />relating no the validity of this Agreement, f)~}er agrees to hold <br />harmless, defend and indemnzfv the City. Owner'~ ,filljgation to <br />indemnity City pursuant to this Paragraph shall no~ exceed Two <br />Hundred Fifty Thousand Dollars ($250,0(JO.fiO). City agrees to <br />cooperate with Owner as necessary to the defense of any such <br />litigation. Owner and City agree not to contest the validity <br />of this agreement against each other. <br /> <br /> C. In the event that a Court detersnines that any <br />Property Sewer Permits revert to the City based unon a finding <br />that this Agreement is invalid, the City agrees to sell such <br />sewer capacity to Owner for payment of the then apolicable sewer <br />connection fees. The City's obligation oursuant to this paragraph <br />is separate and severable from the other terms and conditions of <br />this Agreement. <br /> <br /> 7. Amendment or Cancellation. This Agreement may be <br /> <br />amended or cancelled in whole or in part only by mutual consent <br /> <br />of the City and the Owner from ~ime to time ,~f the P~perty as <br />this Agreement applied to the Property or the Owner of Parcel C <br />as this agreement applies to Parcel C. <br /> <br /> 8. Notices All notices required or provided for under <br />r_his Agreemeut shaLL be in writing. sh~i[ bu delivered in person <br /> <br /> <br />