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agreements). Upon any such assignment, Developer shall be relieved of all obligations first <br />accruing thereafter under this Agreement. <br />21. Release of Agreement. In the event that City determines that the stormwater <br />treatment measure(s) located on the Property are no longer required, then City, at the request <br />of Developer will execute a release of this Agreement, which Developer will record in the <br />County Recorder's Office at Developer's expense. City reserves the option to record such <br />release of this Agreement. The stormwater treatment measure(s) will not be removed from <br />the Property unless such a release is so executed and recorded. <br />22. Attorneys'_Fees. Should any legal action be brought by either party because <br />of breach of this Agreement or to enforce any provision of this Agreement, the prevailing <br />party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs as <br />may be determined by the court. <br />23. Effective Date and Modification', Counterparts. This Agreement is effective <br />upon the date of execution as stated at the beginning of this Agreement. This Agreement <br />will not be modified except by written instrument executed by City and Developer at the <br />time of modification. Such modifications will be effective upon the date of execution and will <br />be recorded. This Agreement may be executed in any number of counterparts which <br />together shall constitute the contract of the Parties. <br />REV: 4-12-2023 SK <br />[Signature Page Follows] <br />ATTY/AGR.2023.072/SI XX, LLC (Broadway Plaza STMMA) (Page 8 of 55) <br />