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Rpr 11 03 01 : 0'/p SSJ 10 <br /> 2) LEGAL ACTION <br /> In the event eitherparty commences a legal action to enforce dnyof the terms and conditions <br /> of this AGREEMENT, the prevailing party in said action shall be entitled to recover <br /> reasonable attorneys fees and costs incurred. <br /> 3) CONDITIONS PRECEDENT <br /> OWNER acknowledges that all the foregoing constitute conditions precedent to the <br /> DISTRICT granting the AGREEMENT herein requested and understands that the <br /> AGREEMENT would not have been granted in the absence of said conditions. <br /> THIS AGREEMENT shall be a covenar: running with the Subject Property and shall be binding <br /> upon both DISTRICT and OWNER, their successors, heirs and assigns. <br /> The DISTRICT reserves the right to terminate this AGREEMENT upon 60 days notice to the <br /> OWNER should OWNER fail to properly and timely perform any task required by this <br /> AGREEMENT. <br /> L\ WITNESS WHEREOF, DISTRICT and OWNER have caused their names to be affixed. <br /> SOUTH SAN JOAQUL\ IRRIGATION DISTRICT <br /> "DISTRICT" <br /> By <br /> By <br /> Bob Schulz, President Stevan Stroud, Secretary <br /> Board of Directors Board of Directors <br /> THL REED LEASING GROUP, LLC <br /> "OWNERS" <br /> By <br /> Wendell Reed, Managing Member <br /> Development Agreement 5 of 21 <br />