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as may be approved by the Agency in writing in its sole discretion, then the Agency may declare that an Event of Default has occurred hereunder and may take any one or more of the following steps, at its option: (a) By mandamus or other suit, action or proceeding at law or in equity, require the Declarant or its successors in interest to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the Agency hereunder; and (b) Take whatever other action at law or in equity may appear necessary or desirable to enforce the obligations, covenants and agreements hereunder; and (c) No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times . 9 . Attorneys' Fees . In any legal proceeding begun to enforce the terms of or restrain a violation of this Declaration, the losing party or parties must pay the attorneys' fees of the winning party or parties �in the amount fixed by the court in the proceeding. 10 . Amendments . This Declaration may only be amended in writing by an instrument signed by the authorized representative of the Agency and the then record owner or owners of the Property. 11 . Severabilitv. If any provision of this Declaration shall be invalid, inoperative or unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any Constitution or ,�Statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provisions in question inoperative or unenforceable in any other case or circumstance, or � of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses or 3 sections contained in this Declaration shall not affect the � remaining portions of this Declaration or any part hereof. � 12 . Headinas . The section headings are not part of this Declaration and will not affect the interpretation of any provisions hereof. REDW\0006\DOC\013-6 C - 6 3/08/05 mvc