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5. If any term, condition, or provision of this Agreement, or the application thereof <br />to any person or circumstance, shall, to any extent, be held to be invalid or unenforceable, the <br />remainder hereof and the application of such term, provision, and condition to persons or <br />circumstances other than those as to whom is shall be held invalid or enforceable shall not be <br />affected thereby, and this Agreement, and all the terms, provisions, and conditions hereof, shall, <br />in all other respects, continue to be effective and to be complied with to the full extent permitted <br />by law. <br />6. In the event that Grantee fails or refuses to fully comply with all of its obligations <br />under this Agreement, or violates any of the provisions hereof, and such failure, refusal or <br />violation continues for a period of thirty (30) days after notice thereof is given to Grantee, then, <br />in that event, in addition to any other remedies then available to the City at law or in equity, the <br />City shall have the right to: <br />(a) Revoke the parking deferment described in this Agreement, in which case <br />Grantee shall immediately construct all parking spaces required by the <br />Plan, in full compliance with the Plan and all then applicable ordinances <br />of the City; <br />(b) Obtain enforcement of this Agreement by court order for mandatory <br />injunction or other appropriate relief; and <br />(c) Withhold, deny, or revoke any building permits, certificates of occupancy, <br />utility connection permits and any other permits and approvals, including <br />the parking variance granted in Case No. V 17-02 and described in this <br />Agreement, issued or granted by the City for the construction or <br />occupancy of all or any part of the Improvements, until such failure or <br />refusal ends and the Grantee fully complies with its obligations hereunder. <br />All of the foregoing remedies shall be usable and enforceable by the City separately or <br />concurrently as the City shall determine, and the use of one remedy shall not waive or preclude <br />the use of any or more of the other remedies. Also, the failure to exercise, or delay in exercising, <br />any remedy hereunder in the event of a failure or refusal by Grantee, shall not preclude the City <br />from thereafter exercising any of its remedies for the same or a subsequent failure or refusal. <br />Grantee agrees to pay to the City any and all costs and expenses incurred by the City in enforcing <br />this Agreement by the use of the remedies above set out or by other remedies or means available <br />to the City at law or in equity, including attorneys’ fees whether suit be brought or not, and with <br />interest on all such costs and expenses at the rate established by the City and allowed by law <br />from the dates incurred by the City until paid. <br />Grantee also aggress to pay all costs of collection of any monies due to the City from <br />Grantee pursuant hereto, and of such costs and expenses incurred in enforcing this Agreement, <br />with interest thereon, again including attorneys’ fees and whether suit be brought or not, with <br />interest from the dates such costs of collection were incurred until paid. <br />7. All notices, reports, or demands required or permitted to be given under this <br />Agreement shall be in writing and shall be deemed to be given when personally delivered to any <br />3 <br />