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9. BINDING EFFECT. <br /> The terms and provisions hereof shall be recorded in the office of the <br /> Register of Deeds for Dane County, Wisconsin, to be construed as a covenant <br /> running with the land, and shall be binding upon all parties now owning any part <br /> of the Property, their successors, heirs and assigns, and all parties holding under <br /> them unless such restrictions are amended or terminated. <br /> 10. COST REIMBURSEMENT. <br /> The Owner shall reimburse the Town for all costs and fees, including <br /> reasonable and actual attorney fees, incurred by the Town for the review and <br /> preparation of this Agreement at the time this Agreement is executed by the Town, <br /> and shall reimburse the Town for any further costs and fees incurred with respect <br /> to the provisions of this Agreement. Such costs and fees shall include all <br /> reasonable expenses incurred by the Town for the technical review of any and all <br /> plans contemplated by this Agreement and referred to above. Through October 1, <br /> 1997, these costs and fees will not exceed a total of$1000. <br /> If the Town is required to resort to the litigation, arbitration or mediation <br /> to enforce the terms of this Agreement, the Owner shall pay all Town costs, <br /> including reasonable attorney fees and expert witness fees. <br /> H:\WIP\2342\49\IRESTRIC.MPD 9 <br /> 0407980719 <br />