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12. Enforcement. City shall use its best efforts to <br />prevent other landowners within the Benefit Area from connecting <br />to the Improvements without paying the reimbursement fee provided <br />for herein, and shall not issue necessary permits, licenses or <br />consents for such connections without payment of the fees herein <br />provided. If, despite City's good faith efforts to prevent same, <br />connections to or use of the Improvements by new units in the <br />Benefit Area should occur without payment of the necessary fee, <br />City shall not be responsible for payment of the amount which <br />would have been paid to Developer, provided that Developer shall <br />be entitled, and is hereby authorized. by City, to pursue <br />collection of such fees by means of private right of action, or <br />any other lawful means, against the party using the Improvements <br />without payment of the required fees. City agrees to participate <br />in and to cooperate with and assist Developer in any such action, <br />upon request of Developer, if such participation and cooperation <br />is required to enforce Developer's collection rights hereunder. <br />In that event, Developer will indemnify City from any claim from <br />any third party against the City. <br />THIS AGREEMENT is executed as of the date and yeah first <br />above written. <br />ATTEST: CITY OF P N <br />/,~ <br />/~' ~ . <br />~ ,~ By. <br />Pegg idr City Clerk Ke neth R. Mercer, Mayor <br />APPROVED AS TO FORM: <br />Michael H. Roush <br />City Attorney <br />DEVELOPER: <br />THE PRUDENTIAL INSU CE <br />COMPANY OF AMERICA <br />By: <br />Its Authorized Agent <br />(prudenti.agt) <br />- 4 - <br />