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hereof would be an inadequate remedy, due to the irreparable and immeasurable harm done thereby. Accordingly, the City shall have the right, in addition to any other remedies available at law or in equity, to apply for and receive from any court of competent jurisdiction in the State of ,Minnesota, equitable relief by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce performance of the terms of this Declaration. If successful, the party seeking enforcement of the terms hereof shall be entitled to recover from the party violating the terms of this Declaration reimbursement for all costs and expenses of litigation, including reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness fees, and any other costs incurred in securing such relief. 2.3 Severability. Invalidation of any provision hereof by judgment or court order shall not affect any of the other provisions, which shall remain in full force and effect. 2.4 Amendment. This Declaration may be amended by an instrument executed by the City and the Owner of the Property. 2.5 Effective Date. This Declaration shall become effective as of the date on which both the Plat and this Declaration have been recorded in the office of the Registrar of Titles in and for Hennepin County, Minnesota. IN WITNESS WHEREOF, Developer has caused this Declaration to be duly executed on the day and year first above written. DEVELOPER: Irwin L. Jacobs, as Trustee of the Third Amended and Restated Revocable Trust of Irwin L. Jacobs dated November 22, 2006, as amended on 216542,DOC-5 10/511016 6 Error! Unknown document property name.