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• <br /> • <br /> for the Developer's agents or assigns. The indemnification provided for in this paragraph <br /> shall continue in full force and effect until the end of the guarantee period. <br /> 12. No Waiver. Except as expressly provided herein, nothing set forth in this Agreement <br /> shall be construed as, nor is intended to be, a waiver or release of any obligations <br /> imposed upon the Developer by the Town's Land Division and Subdivision Ordinances. <br /> 13. Amendment. The parties may amend this contract by express mutual written agreement. <br /> 14. Assignment. Developer may assign its rights and responsibilities under this Agreement <br /> to another party, after providing written notice of the assignment to the Town of Windsor. <br /> 15. Binding Effect. This Agreement shall be binding upon the parties, upon their personal <br /> representatives and heirs, and upon the successors and assigns of the parties. <br /> 16. Delegation of Authority. Wherever it is provided herein that a matter is subject to Town <br /> approval, unless otherwise specified, it shall be deemed for purposes of this Agreement <br /> that such approval may be given by the Town's Business Manager, and'any such <br /> approval may be relied upon by the Developer. 'To the extent required, approval of this <br /> Agreement by the Town or any appropriate Town Committee shall constitute the <br /> necessary delegation of authority to permit such action by the/Business Manager. <br /> 17. Default, Costs of Enforcement. <br /> 1 <br /> a. A default of the Agreement is defined herein as the Developer's breach of, or <br /> failure to comply with, the terms of this Agreement. The Town reserves to itself <br /> all remedies available at law or at equity as necessary to cure any default by <br /> Developer. The Town also reserves to itself the right to draw on the Letter of <br /> Credit or other surety provided hereunder in addition to pursuing any other <br /> available remedies. Remedies shall include, but are not limited to, prohibiting the <br /> occupancy of buildings within the approved final plat, stopping all construction in <br /> the approved final plat, and/or prohibiting the transfer or sale of lots. <br /> b. Notwithstanding any provision herein to the contrary, the prevailing party shall be <br /> reimbursed for all reasonable costs, including reasonable attorneys' fees, incurred <br /> in enforcing this Agreement against the other party, including the Town validly <br /> exercising its right to draw upon the posted security. <br /> Bouril CSM Agrcement 02/04/99 <br /> Page 7 <br />