JL CONSTRUCTION - REIMBURSEMENT AGMT FOR CANYON MEADOWS OFF-SITE IMPROVEMENTS

on this Agreement. The prevailing party in any action or proceeding hereunder shall be entitled to recover its reason- able attorneys' fees, in addition to any other relief to which such party may be entitled. 13. Enforcement. City shall use its best efforts to prevent other landowners within the Benefit Area from con- necting to the Improvements without paying the reimbursement fee provided for herein, and shall not issue necessary per- mits, licenses or consents for such connections without payment of the fees herein provided. If, despite Cit 's faith efforts to prevent same, connections to or use of theod Improvements by new units in the Benefit Area should occur without payment of the necessary fee, City shall not be responsible for payment of the amount which would have been paid to Developer, provided that Developer shall be entitled, and is hereby authorized by City, to pursue collection of such fees by means of private right of action, or any other lawful means, against the party using the Improvements with- out payment of the required fees. City agrees to participate in and to cooperate with and assist Developer in any such action, upon request of Developer, if such participation and cooperation is required to enforce Developer's collection rights hereunder. In that event, Developer will indemnify City from any claim over from any third party against the City.