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<br />14. Disputes. Disputes arising of this Agreement or as to <br />connections or charges shall be resolved by the City Manager. <br />Any appeal of her decision shall be in writing addressed to the <br />City. Council. Final Council action shall be required before any <br />suit is commenced in Superior Court based on this Agreement. <br />Prevailing party in any action or proceeding initiated in <br />Superior Court shall be entitled to recover its reasonable <br />attorneys' fees, in addition to any other relief to which such <br />party .may be entitled. <br />15. Enforcement. City shall use its best efforts to <br />prevent other landowners within the Benefit Area from utilizing <br />the street improvements and related public improvements without. <br />paying the reimbursement fee provided for herein, and shall not <br />issue necessary permits, licenses or consents for such <br />connections without payment of the fees herein provided. If, <br />despite City's good faith efforts to prevent same, connections to <br />or use of the improvements by new units in the Benefit Area <br />should occur without payment of the necessary fee, City shall not <br />be responsible for payment of the amount which would have been <br />paid to Developer, provided that Developer shall be entitled, and <br />is hereby authorized by City, to pursue collection of such fees <br />by means of private right of action, or any other lawful means, <br />against the party using the improvements without payment of the <br />required fees. City agrees to participate in and to cooperate <br />with and assist Developer in any such action, upon request of the <br />Developer, if such participation and cooperation is required to <br />- 4 - <br />