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<br />Exhibit C <br /> <br />(a) By mandamus or other suit, action or proceeding at law or in equity, <br />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 <br />violation of the rights of the City hereunder; and <br /> <br />(b) Take whatever other action at law or in equity may appear necessary or <br />desirable to enforce the obligations, covenants and agreements hereunder. <br /> <br />No delay in enforcing the provisions hereof as to any breach or violation shall impair, <br />damage or waive the right against or recover for the continuation or repetition of such <br />breach or violation or any similar breach or violation thereof at any later time or times. <br /> <br />7. Attornevs' Fees. In any legal proceeding to enforce the terms of or restrain a <br />violation of this Declaration, the prevailing party or parties shall be entitled to reasonable <br />attorneys' fees in the amount fixed by the court in the proceeding. <br /> <br />8. Amendments. This Declaration may only be amended in writing by an <br />instrument signed by the authorized representative of the City or it successor in interest <br />and the then record owner or owners of the Property. <br /> <br />9. Severabilitv. If any provision of this Declaration shall be invalid, inoperative or <br />unenforceable as applied in any particular case, in any jurisdiction or jurisdictions or in <br />all 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 <br />inoperative or unenforceable in any other case or circumstance, or of rendering any <br />other provision or provisions herein contained invalid, inoperative, or unenforceable to <br />any extent whatsoever. The invalidity of anyone or more phrases, sentences, clauses <br />or sections contained in this Declaration shall not affect the remaining portions of this <br />Declaration or any part hereof. <br /> <br />10. Headinqs. The section headings are not part of this Declaration and will not <br />affect the interpretation of any provisions hereof. <br /> <br />11. Time of the Essence. In each provision of this Declaration which states a <br />specific amount of time within which the requirements thereof are to be satisfied or are <br />to persist, time shall be deemed to be of the essence. <br /> <br />(continued on next page) <br /> <br />A TTY/AGR/2008.073 <br />081108 <br /> <br />4 <br />