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to exercise any right or power accruing upon any default shall impair that right or power or shall <br /> be construed to be a waiver thereof, but any such right and power may be exercised from time to <br /> time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy <br /> reserved to it in this Article, it shall not be necessary to give any notice, other than any notice <br /> required by law or for which express provision is made herein. <br /> Attorneys' Fees and Costs of Collection. If a default by the Borrower or the City <br /> shall occur, the Prevailing Party shall, to the extent permitted by applicable law, be entitled to <br /> recover from the non-prevailing party all reasonable costs,expenses and attorneys'fees(including <br /> court costs and other expenses through all appellate levels) that it incurs in connection therewith. <br /> For purposes hereof, the term "Prevailing Party" includes a party who obtains legal counsel or <br /> brings any action against another party by reason of an alleged breach or default and obtains <br /> substantially the relief sought, whether by compromise, settlement or judgment. <br /> No Waiver. No failure by the City to insist upon the strict performance by the <br /> Borrower of any provision hereof shall constitute a waiver of their right to strict performance and <br /> no express waiver shall be deemed to apply to any other existing or subsequent right to remedy <br /> the failure by the Borrower to observe or comply with any provision hereof. The City may waive <br /> any Event of Default hereunder. <br /> Notice of Default. The Borrower shall notify the City immediately if it becomes <br /> aware of the occurrence of any Event of Default hereunder or of any fact,condition or event which, <br /> with the giving of notice or passage of time or both,would become an Event of Default. <br /> ARTICLE VII. <br /> MISCELLANEOUS <br /> Term of Agreement. This Agreement shall be and remain in full force and effect <br /> from the date of Loan until such time as Loan shall have been fully paid or forgiven, except for <br /> obligations of the Borrower under Sections 5.1 hereof,which shall survive any termination of this <br /> Agreement. <br /> Notices. All notices,certificates,requests or other communications hereunder shall <br /> be in writing and shall be deemed to be sufficiently given when mailed by registered or certified <br /> mail, postage prepaid, and addressed to the appropriate Notice Address. The Borrower and the <br /> City, by notice given hereunder, may designate any further or different addresses to which <br /> subsequent notices, certificates, requests or other communications shall be sent. <br /> Extent of Covenants of the City;No Personal Liability. All covenants,obligations <br /> and agreements of the City contained in this Agreement shall be effective to the extent authorized <br /> and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to <br /> be a covenant,obligation or agreement of any present or future member,officer,agent or employee <br /> of the City or the Common Council in other than his or her official capacity, and neither the <br /> members of the Common Council nor any official of the City shall be subject to any personal <br /> liability or accountability by reason of the covenants, obligations or agreements of the City <br /> contained in this Agreement. <br /> 11 <br />