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Buyer such other documentation as Buyer may reasonably request with respect to the Property. <br /> Seller shall only provide the foregoing reports to the extent Seller has same in its possession. <br /> This provision shall survive Closing. <br /> 17. Police Powers. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT OR <br /> RESTRICT THE POWERS AND RESPONSIBILITIES OF THE CITY IN ACTING ON <br /> APPLICATIONS FOR COMPREHENSIVE PLAN CHANGES, OR APPLICATIONS FOR ANY <br /> OTHER DEVELOPMENT APPROVALS BY VIRTUE OF THE FACT THAT THE CITY MAY <br /> HAVE BEEN REQUIRED TO PROVIDE TRANSFER OF DEVELOPMENT RIGHTS TO SUCH <br /> APPLICATIONS. THE PARTIES FURTHER RECOGNIZE AND AGREE THAT THESE <br /> PROCEEDINGS SHALL BE CONDUCTED OPENLY, FULLY, FREELY AND FAIRLY IN <br /> FULL ACCORDANCE WITH THE LAW AND WITH BOTH PROCEDURAL AND <br /> SUBSTANTIVE DUE PROCESS TO BE ACCORDED THE SELLER AND ANY MEMBER OF <br /> THE PUBLIC. NOTHING CONTAINED IN THIS AGREEMENT SHALL ENTITLE THE <br /> SELLER TO COMPEL THE CITY TO TAKE ANY SUCH ACTIONS, SAVE AND EXCEPT <br /> THE CONSENTS TO THE FILING OF SUCH APPLICATIONS FOR LAND USE <br /> APPROVALS, REZONINGS, COMPREHENSIVE PLAN AMENDMENTS OR OTHER <br /> REQUIRED APPROVALS, AS MORE FULLY SET FORTH HEREIN, AND TO TIMELY <br /> PROCESS SUCH APPLICATIONS. <br /> 18. Attorneys' Fees and Costs. <br /> In the event either party hereto shall default in the performance of any of the terms and <br /> conditions of this Agreement, the prevailing party shall be entitled to recover all costs, charges <br /> and expenses of enforcement, including reasonable attorneys' fees incurred in a trial or <br /> appellate proceeding. <br /> 19. Parties in Interest. <br /> 10 of 14 <br /> 112371632.2 <br /> 1 <br />