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• • <br />III. GENERAL PROVISIONS <br />3.1 No Title to Improvements. Caroline acknowledges <br />that the terms and conditions- contained in this Agreement do not <br />grant or convey title or interest to Caroline to any improvements, <br />or public facilities which may be constructed with funds derived <br />from Caroline. <br />3.2 Attorney`s Fees. In the event that either Caroline <br />or City breach this Agreement and the. other is forced to incur <br />any expenses, or to pay any attorney's fees or court costs to <br />enforce this Agreement, the party in breach agrees to reimburse <br />the prevailing party for such expenses, fees, or costs within <br />thirty (3 Q) days after receiving written notice of the same <br />from said party. <br />3.3 Amendment or Waiver. This. Agreement may be further <br />amended only by written agreement between the parties hereto. <br />Failure on the part of either party to enforce any provisions <br />of this Agreement shall not be construed as a waiver of the <br />right to compel enforcement of such. provision or provisions, <br />nor to release the other party from its obligations under this <br />Agreement. <br />3.4 Assip~nment. Caroline and any subsequent owner of <br />Tract 4326 may assign his rights, obligations, and interest <br />under this Agreement to a third party upon said third party's <br />taking title to the property described as Tract 4326. In the <br />event of such assignment, the assignor shall provide City with <br />written notice of any such assignment and transfer. The <br />assignee shall execute a release, indemnity and hold harmless <br />-5- <br />