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(C) Payment of Costs. In the event of litigation regarding the enforcement of this <br /> Section 16, ar any other term or provision of this Agreement the prevailing party shall pay the <br /> non-prevailing party's reasonable attorney's fees and costs. <br /> (D) Successors and Assi�ns; Beneficiaries. This Section shall be binding upon <br /> the Developer (and all parties claiming rights hereunder through the Developer), and it �' <br /> successors and assigns, and shall inure to the benefit of and shall be enforceable by th <br /> Municipality, and its successors and assigns. <br />� 17. Litigation. In the event that litigation is commenced questioning the validity of the <br />' TIF Ordinances and/or seeking to enjoin the utilization of tax increment financing for the <br />, Redevelopment Plan or the Redevelopment Project, and after consultation with the Developer, <br /> the Municipality will retain recognized and qualified TIF counsel and will vigorously defend the, <br /> validity of said ordinances and the use of said financing. <br /> IN WITNESS WHEREOF, the Municipality and the Developer hereto have caused this <br /> Agreement to be executed by their duly authorized officers on the above date. <br /> CITY OF DECATUR, ILLINOIS <br /> (SEAL) an Illinois municipal corporation <br /> Attest: ', <br /> � By' <br /> �����" ;,��� �/�� - City nager <br /> �-��-� <br /> City Clerk � <br /> Approved: RD DEVELOPMENT L.L.C. I <br /> ' By: <br /> rporation u el Its <br /> a <br /> { % , <br /> V <br /> � <br /> � r . <br /> Counsel to the Developer I <br /> 11 <br />