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1 1 7 qgi 9 5.3 Cooperation. Consistent with City policy, the Commission hereby agrees to endorse and support Company's efforts to expedite the Project through the required planning, design,permitting, waiver and related regulatory processes; provided,however, the Commission shall not be required to expend any money in connection therewith. The Commission further agrees to permit Company, or its agents, access to the Company Property through the use of the public roads surrounding the Company Property necessary to accomplish the actions contemplated by this Agreement. 5.4 Costs and Expenses. The Commission hereby agrees to bear its own costs and expenses related to this Agreement (including legal fees) not directly related to the design and construction of the Local Public Improvements (such costs to be paid from the Funding Amount). 5.5 Public Announcements, Press Releases and Marketing Materials. The Commission hereby agrees to coordinate all public announcements and press releases relating to the Project with Company. SECTION 6. COOPERATION IN THE EVENT OF LEGAL CHALLENGE. 1 6.1 Cooperation. In the event of any administrative, legal or equitable action or other fl proceeding instituted by any person not a party to this Agreement challenging the validity of any 1 provision of this Agreement, the Parties shall cooperate in defending such action or proceeding I to settlement or final judgment including all appeals. Each Party shall select its own legal counsel and retain such counsel at its own expense, and in no event shall the Commission be required to bear the fees and costs of Company's attorneys nor shall Company be required to bear the fees and costs of the Commission's attorneys. The Parties agree that this Section 6.1 shall constitute a separate agreement entered into concurrently with this Agreement, and that if any other provision of this Agreement, or this Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the Parties agree to be bound by the terms of this Section 6.1,which shall survive such invalidation,nullification,or setting aside. i SECTION 7. DEFAULT. 7.1 Default. Any failure by either Party to perform any term or provision of this Agreement, which failure continues uncured for a period of 30 days following written notice of such failure from the other Party shall constitute a default under this Agreement. Any notice given pursuant to the preceding sentence shall specify the nature of the alleged failure and, where appropriate, the manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then the commencement of the cure within such time period, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within such 30-day period. Upon the occurrence of a default under this Agreement, the non-defaulting Party may institute legal proceedings at law or in equity (including any action to compel specific performance); provided, that in no event shall any Party have the right to terminate this Agreement. If the default is cured, then no default shall exist and the noticing Party shall take no further action. If Company provides the Commission with notice of the contact information for Company's Project lender, I 1 I A 1 1