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III. GENERAL PROVISIONS <br /> <br /> 3.1 No Title to ImprovementS. Caroline acknowledges <br /> <br />that the terms and conditions contained in this Agreement do not <br />grant or convey title or interest to Caroline to any improvements, <br />or public facilities which may be constructed with funds derived <br />from Caroline. <br /> <br /> 3.2 Attorney's Fees. In the event that either Caroline <br />or City breach this Agreement and the other is forced to incur <br />any expenses, or to pay any attorney's fees or court costs to <br />enforce this Agreement, the party in breach agrees to reimburse <br />the prevailing party for such expenses, fees, or costs within <br />thirty (30) days after receiving written notice of the same <br />from said party. <br /> <br /> 3.3 Amendment or Waiver. This Agreement may be further <br />amended only by written agreement between the parties hereto. <br />Failure on the part of either party to enforce any provisions <br />of this Agreement shall not be construed as a waiver of the <br />right to compel enforcement of such provision or provisions, <br />nor to release the other party from its obligations under this <br /> <br />Agreement. <br /> <br /> 3.4 Assignment. <br />Tract 4326 may assign his <br />under this Agreement to a <br /> <br />Caroline and any subsequent owner of <br />rights, obligations, and interest <br />third party upon said third party's <br /> <br />taking title to the property described as Tract 4326. In the <br />event of such assignment, the assignor shall provide City with <br />written notice of any such assignment and transfer. The <br />assignee shall execute a release, indemnity and hold harmless <br /> <br />-5- <br /> <br /> <br />