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respect to such Services, City will refund any remaining deposit amount relating to such <br />Services to Developerwithin forty-five (45) days after determining the final reimbursement <br />amount for such Services. <br />E. In the event Developer fails or refuses to make any of the deposits required <br />herein, Developer shall be liable to City for the amount of all fees charged to the City for <br />Services actually provided which exceed the amount of the deposit paid by Developer for <br />such Services, and City shall have the right to pursue a breach of contract action, or any <br />other pertinent legal action available to the City, against the Developer. Further, the <br />prevailing party in any dispute and/or litigation necessary to enforce or interpret this <br />Agreement shall be entitled to seek and collect its costs and reasonable attorney's fees <br />from the other party. <br />5. Other Costs. Developer acknowledges that the cost of the Services does <br />not include all application, permitting, inspection, or other fees which may be charged by <br />City in connection with the Project. To the extent the fees ordinarily charged by City for <br />projects similar to the Project relate to costs that are not reimbursed under this <br />Agreement, such fees shall be separately paid in accordance with the relevant City fee <br />schedule. <br />6. No Guarantee of Approval. Developer acknowledges that its payments and <br />deposits described herein do not mean that the City will approve the Project nor that City <br />staff will make a recommendation in favor of the Project. Even if the Project is not <br />approved, Developer shall remain liable for all costs for Services actually provided <br />concerning the Project. <br />7. Independence of Consultants. <br />A. During the Term of this Agreement, Developer will not directly or indirectly <br />enter or propose to enter into any financial or business relationship with any of City's <br />consultants that are working on the Project. <br />B. Developer hereby acknowledges and agrees as follows: <br />L City has sole discretion to select which of its employees or <br />independent contractors are assigned to work on Developer's application; <br />ii. City has sole discretion to determine which persons City will hire as <br />consultants to work on Developers application. <br />iii. As between City and Developer, City has sole discretion to direct the <br />work and evaluate the performance of the consultants whom the City hires to work on <br />Developers application. City retains the right to terminate or replace at any time any <br />consultant who is assigned to work on Developer's application. <br />iv. City has sole discretion to determine the amount of compensation <br />paid to consultants hired by City to work on Developer's application. <br />2501-8 <br />