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<br />BROOKINGS- TWIN CITIES DEVELOPMENT PROJECT AGREEMENT <br /> <br />necessary or appropriate to enforce the obligations of this Agreement against the <br />Participant. <br /> <br />(c) CMMPA (and the non-defaulting Participants) shall be entitled to recover from the <br />defaulting Participant any and all legal fees and other costs incurred by CMMPA (and <br />the non-defaulting Participants) as a result of the Participant's default. <br /> <br />Section 803. Other Participant Default. <br />In the event of any default by the Participant under any covenant, agreement or obligation <br />of this Agreement, other than a failure to make a payment required to be made under this <br />Agreement, CMMP A may bring any suit action, or proceeding in law or in equity, <br />including mandamus, injunction, specific performance, declaratory judgment, or any <br />combination thereof, as may be necessary or appropriate to enforce any covenant, <br />agreement or obligation of this Agreement against the Participant. Such remedies shall be <br />in addition to all other remedies provided for herein. <br /> <br />ARTICLE 9 <br />SERVICE - reserved for future use <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />Section 1001. Modification and Uniformity of Agreements. <br />(a) This Agreement shall not be subject to termination by any party under any <br />circumstances, whether based upon the default of any other party under this <br />Agreement, or any other instrument, or otherwise, except as specifically provided in <br />this Agreement. <br /> <br />(b) This Agreement shall not be amended, modified, or otherwise changed by agreement <br />of the parties in any manner that will materially and adversely affect the security <br />afforded by the provisions of this Agreement for the payment of the principal of and <br />premium, if any, and interest on any of the Bonds, and any other obligations of <br />CMMP A ranking pari passu therewith as to the security afforded by the provisions of <br />this Agreement, as they respectively become payable, so long as any of the Bonds and <br />such obligations are outstanding and unpaid or funds are not set aside for the payment <br />or retirement thereof in accordance with the Bond Resolution. <br /> <br />C:\Documents and Settings\Bryan\Local Settings\Temporary Internet Files\OLK53\Cap X Brookings 2-12-07 24 <br />clean.doc <br />