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3. Enforcement. Developer agrees that this Agreement <br /> shall be for the benefit of the UCRC. Furthermore, the UCRC may <br /> enforce any and all rights under this Agreement against the <br /> Developer, its heirs, successors, and assigns. <br /> <br /> (a) The UCRC shall, in the event of breach by the <br />Developer have the right to enforce this Agreement in equity, it <br />being specifically acknowledged that no adequate remedy at law <br />exists. This remedy is in addition to and not in place of the <br />eminent domain powers belonging to the UCRC, which the UCRC may <br />exercise against the Property upon breach of the Agreement by <br />Developer. All costs, including reasonable attorney's fees, of <br />any proceeding to enforce this Agreement, regardless of whether <br />litigation is commenced, shall be borne by the Developer. <br />Notwithstanding any of the foregoing, in the event of any <br />transfer of title to the Property, Developer (and in the case of <br />any subsequent transfers or conveyances, the then grantor) shall <br />be automatically freed and relieved from and after the date of <br />such transfer or conveyance of all liability hereunder, unless <br />the breach in question is or was committed by the direct act of <br />the divesting Developer (or divesting subsequent owner), either <br />solely or in concert or collusion with others. <br /> <br /> (b) Any breach of a covenant, term or condition of <br />this Agreement with respect to the Property or the improvements <br />thereon shall be a breach of this Agreement. Before initiating <br />suit or terminating this Agreement for a breach, and provided <br />that (a) such breach is capable of being cured by Developer <br /> <br />$TL-3478~ <br /> -- 3 -- <br /> <br /> <br />