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occurred hereunder and, in addition to other default remedies provided under this <br /> Agreement, may exercise any one or more of the following, at its option: <br /> (a) By mandamus or other suit, action or proceeding at law or in equity, <br /> require OWNER or its successors in interest to perform its <br /> obligations and covenants hereunder, or enjoin any acts or things <br /> which may be unlawful or in violation of the rights of the City <br /> hereunder; <br /> (b) Take whatever other action at law or in equity may appear <br /> necessary or desirable to enforce the obligations, covenants and <br /> agreements hereunder. <br /> No delay by the CITY in enforcing the provisions hereof as to any breach or violation shall <br /> impair, damage or waive the right against or recover for the continuation or repetition of <br /> such breach or violation or any similar breach or violation thereof at any later time or <br /> times. <br /> Section 6. 07. Attorneys' Fees. <br /> In any legal proceeding to enforce the terms of or restrain a violation of this <br /> Agreement, the losing party or parties must pay the attorneys' fees of the winning party or <br /> parties in the amount fixed by the court in the proceeding . <br /> Section 6. 08. Amendments. <br /> This Agreement may only be amended in writing by an instrument signed by the <br /> authorized representative of the City or it successor in interest and the then record owner <br /> or owners of the Property. <br /> Section 6. 09. Severability. <br /> If any provision of this Agreement shall be held invalid, inoperative or <br /> unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in all <br /> jurisdictions, or in all cases because it conflicts with any other provision or provisions <br /> hereof or any Constitution or Statute or rule of public policy, or for any other reason, such <br /> circumstances shall not have the effect of rendering the provisions in question inoperative <br /> or unenforceable in any other case or circumstance, or of rendering any other provision or <br /> provisions herein contained invalid, inoperative, or unenforceable to any extent <br /> whatsoever. The invalidity of any one or more phrases, sentences, clauses or sections <br /> contained in this Agreement shall not affect the remaining portions of this Agreement. <br /> Section 6. 10. Headings. <br /> The section headings are not part of this Agreement and will not affect the <br /> interpretation of any provisions hereof. <br /> Section 6. 11 . Time of the Essence. <br /> In each provision of this Agreement which states a specific amount of time within <br /> which the requirements thereof are to be satisfied or are to persist, time shall be deemed <br /> to be of the essence. <br /> ATTY/AGR/2016.243/849 VETERANS AFFORDABLE HOUSING AGREEMENT <br /> REV: 08-30-16 VR <br /> Page 8 of 12 <br />