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the City, at its option, in addition to its rights and remedies <br />hereunder, by written notice given to Subdivider, may declare all <br />of the unpaid special assessments which are then estimated or <br />levied pursuant to this agreement due and payable in full, with <br />interest, and all of the unpaid special assessments, with interest, <br />shall be payable on or before the Nay 31 or October 31, whichever <br />is earlier, next following the giving of such written notice to <br />Subdivider; or the City, at its option, may demand immediate <br />payment thereof and immediately commence legal action against <br />Subdivider to collect the entire unpaid balance of the special <br />assessments then estimated or levied pursuant hereto, with <br />interest, including reasonable attorneys* fees, and Subdivider <br />shall be personally liable for such special assessments, and, if <br />more than one, such liability shall be joint and several. Also, <br />the Subdivider shall be liable to the City for any deficiency and <br />the City shall pay co the Subdivider any overplus arising from <br />payment based on an estimate. Also, if any payment is not made by <br />Subdivider pursuant to paragraph 00^, the City, at its option, may | <br />refuse to give a building permit to any property transferred on <br />which the assessments have not been paid. <br />F£. Waiver of Aaae««Mnf- Appeal, Execution of | <br />Subdivider's agreement by Subdivider shall constitute Subdivider's <br />formal agreement to the assessment agreement and formula as set <br />forth in this paragraph 6, including all subparagraphs, and in <br />Exhibit F attached hereto. Subdivider further agrees to waive, and <br />-19-