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for promptly taking all action necessary to obtain or reinstate <br /> such approvals, and all of the costs and expenses therefor shall <br /> be borne solely by such noncomplying party. In addition to the <br /> foregoing, each of the parties hereto shall be entitled to recover <br /> such damages as may be provided by law in the event of such non- <br /> compliance, and in the event either party hereto pursues an <br /> action therefor the prevailing party in such action shall be <br /> entitled to a reimbursement from the other for its reasonable <br /> costs and expenses, including attorneys' fees, incurred in such <br /> action, and including such costs and fees as may be incurred on <br /> � appeal. <br /> B. In addition to the rights and remedies provided in <br /> paragraph numbered 7 hereto, each of the parties hereto shall <br /> have the right to cancel this agreement by affording written <br /> notice to the other in the event of any substantzal noncompliance <br /> with the terms of this agreement if such noncompliance continues <br /> for a period of thirty (30) days following the noncomplying <br /> party's receipt of a written notification specifying the nature <br /> thereof from the other; provided, however, if such noncompliance <br /> is of such a nature so as to be incapable of being cured within <br /> such period, then this agreement may be so cancelled if the cure <br /> is not commenced within thirty (30) days or is not continuously <br /> pursued thereafter with due diligence. <br /> 9. This agreement shall bind and inure to the benefit of <br /> the parties hereto and their respective successcrs and assigns, <br /> and the terms, covenants and conditions herein contained shall be <br /> appurtenant to and run with the properties described as Tract A <br /> and Tract B herein. <br /> -4- <br />