City Not Responsible for Damages. The Developer agrees that, absent gross negligence or willful misconduct on the part of the City, its employees, agents, representatives or contractors, or by reason of the City's course of conduct resulting in a continuing or material default of its obligations under this Agreement, the City shall not be responsible to the Developer for damages arising out of a claimed breach of this Agreement. In such event, the Developer's sole remedy (except in the event of a material defect) shall be a claim for specific performance in the Oakland County Circuit Court. In the event of any litigation relating to this Agreement, the prevailing party (as determined by the trial Court) will be entitled to reimbursement of reasonable attorney fees and costs.
