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<br />8A <br />Page 10 <br /> <br />8. Events of Default: Enforcement. In the event of a default in the <br />performance or observance of any covenant, agreement or obligation as set forth in this <br />Declaration and, if such default remains uncured for a period of thirty (30) days after <br />notice thereof shall have been given by the City, or such longer period as may be <br />approved by the City in writing in its sole discretion, then the City may declare that an <br />Event of Default has occurred hereunder and may take anyone or more of the following <br />steps. at its option: <br /> <br />(a) By mandamus or other suit, action or proceeding at law or in <br />equity. require Declarant or its successors in interest to perform its obligations and <br />covenants hereunder, or enjoin any acts or things which may be unlawful or in violation <br />of the rights of the City hereunder; and <br /> <br />(b ) Take whatever other action at law or in equity may appear <br />necessary or desirable to enfQrce the obligations. covenants and agreements hereunder. <br /> <br />No delay in enforcing the provisions hereof as to any breach or violation <br />shall impair, damage or waive the right against or recover for the continuation or <br />repetition of such breach or violation or any similar breach or violation thereof at any later <br />time or times. <br /> <br />9. Attornevs' Fees. In any legal proceeding to enforce the terms of or <br />restrain a violation of this Declaration. the prevailing party or parties shall be entitled to <br />reasonable attorneys' fees in the amount fixed by the court in the proceeding. <br /> <br />10. Amendments. This Declaration may only be amended in writing by <br />an instrument signed by the authorized representative of the City or it successor in <br />interest and the then record owner or owners of the Property. <br /> <br />11. Severabilitv. If any provision of this Declaration shall be invalid, <br />inoperative or unenforceable as applied in any particular ease, in any jurisdiction or <br />jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other <br />provision or provisions hereof or any constitution or statute or rule of public policy, or for <br />any other reason, such circumstances shall not have the effect of rendering the <br />provisions in question inoperative or unenforceable in any other case or circumstance, or <br />of rendering any other provision or provisions herein contained invalid, inoperative, or <br />unenforceable to any extent whatsoever. The invalidity of anyone or more phrases, <br />~entences, clauses or sections contained in this Declaration shall not affect the <br />remaining portions of this Declaration or any part hereof. <br /> <br />12. Headings. The section headings are not part of this Declaration and <br />will not affect the interpretation of any provisions hereof. <br /> <br />ATTY/AGRf2008.053 <br />080408 <br /> <br />7 <br />