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~~ ~~ ~ <br />C~ <br />J <br />individual who purports to act on behalf of CITY and may have held him/herself out in <br />the past as authorized to represent CITY. <br />THIRD PARTY CHALLENGES TO PROJECT WITH <br />ENHANCEMENTS <br />Notwithstanding other remedies in this Agreement, in consideration of the <br />benefits of this Agreement and with full knowledge that SCRRA intends to rely on its <br />promises, and particularly that SCRRA relies on their representations that the Project as <br />revised with Enhancements selected by the City through its own processes will be <br />acceptable to the community as a whole, the CITY agrees that athird-parry challenge in <br />any court to the Project, if approved, will be a material change in circumstances and a <br />failure of consideration to the SCRRA which is proposing to revise the approved Project <br />by including enhancements. <br />The PARTIES agree that if the Project is approved and challenged in any Court <br />by a non-party to this Agreement, SCRRA, in addition to any other remedies in law or <br />equity or pursuant to this Agreement, at its sole option, may defend the Project on any <br />basis, which defense may include, in its sole discretion, the right to enter into any <br />settlement agreement determined by SCRRA to be in the public interest. Such defenses <br />or settlement may include further changes to the Project. <br />CITY further expressly agrees that the Covenant Not To Sue and Agreement Not <br />to Oppose set out herein apply to any SCRRA actions defenses or settlements pursuant to <br />this paragraph in the event of a challenge to the Project with enhancements by a non- <br />party to this Agreement. <br />8 <br />