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proceeding is entitled to its costs and expenses of suit, including reasonable attorneys' <br /> fees, which are payable whether or not the action is prosecuted to judgment. <br /> <br />(b) If either party must initiate or defend any action or proceeding with a third person <br />(including, without limitation, any cross-complaint, counterclaim or third-party claim) <br />because.th,e other party is in default under this Agreement, or has failed to enforce this <br />Agreement, or otherwise failed to perform duties or obligations arising out of this <br />Agreement, whether that failure constitutes a default under this Agreement, and the <br />party initiating or defending the action or proceeding prevails therein, then the prevailing <br />party is entitled to reasonable attorneys' fees from the other party. <br /> <br />(c) Attorneys' fees under this Section include attomeys' fees on any appeal, and, in <br />addition, a party entitled to attorneys' fees is entitled to receive all other reasonable <br />costs and expenses incurred in connection with the action. <br /> <br />21. Estoppel Certificate. <br /> <br />(a) Owner may, from time to time, deliver written notice to City requesting City to <br />certify in writing that: <br /> <br />(i) This Agreement is in full force and effect and a binding obligation of the parties; <br />(ii) This Agreement has not been amended or modified either orally or in writing, or if <br />so amended, identifying the amendments; and <br /> <br />(iii) Owner is not in default in the performance of its obligations under this <br />Agreement, or if in default, City describe the nature and amount of those defaults. <br /> <br />(b) City shall execute and return the Estoppel Certificate within 30 days following <br />receipt of that notice. The Planning and Redevelopment Manager is authorized to <br /> <br /> -16- <br />op~er0408 <br />FXS:dl- <br />112/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />