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15 <br /> <br /> <br />b) the CITY may suspend any work, improvement or obligation to be pe1fonned by the <br />CITY; <br /> <br />c) the CITY may collect on the irrevocable letter of credit ("LOC") or cash deposit <br />pursuant to Article 13 hereof; <br /> <br />d) the CITY may suspend or deny building and occupancy permits for buildings within the <br />FINAL PLAT; <br /> <br />e) the CITY may, at its sole option, perform the work or improvements to be performed <br />by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days <br />after written billing by the CITY reimburse the CITY for any costs and expenses <br />incurred by the CITY. In the alternative, the CITY may in whole or in part, specially <br />assess any of the costs and expenses incurred by the CITY; and the DEVELOPER <br />hereby waives any and all procedural and substantive objections to the installation and <br />construction of the work and improvements and the special assessment resulting <br />therefrom, including, but not limited to, notice and hearing requirement and any claim <br />that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER <br />hereby waives any appeal rights otherwise available pursuant to Minn. Stat.§ 429.081. <br /> <br />12.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event <br />any agreement contained in this DEVELOPMENT AGREEMENT is breached by the <br />DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limited to <br />the particular breach so waived and shall not be deemed to waive any other concurrent, previous <br />or subsequent breach hereunder. All waivers by the CITY must be in writing. <br /> <br />12.3. NO REMEDY EXCLUSIVE. No remedy herein contained upon or reserved <br />to the CITY shall be exclusive of any other available remedy or remedies, but each and every <br />such remedy shall be cumulative and shall be in addition to every other remedy given under the <br />DEVELOPMENT AGREEMENT or now or hereafter existing at law or in equity or by statute. <br />No delay or omission to exercise any right or power accruing upon any default shall impair any <br />such right or power or shall be construed to be a waiver thereof, but any such right and power <br />may be exercised from time to time and as often as may be deemed expedient. In order to entitle <br />the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other <br />than the FORMAL NOTICE. <br /> <br />12.4. EMERGENCY. Notwithstanding the requirement contained in Section 12.1 <br />hereof relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER <br />DEFAULT and notwithstanding the requirement contained in Section 12.1 hereof relating to <br />giving the DEVELOPER a right to cure the DEVELOPER DEFAULT, in the event of an <br />emergency as determined by the CITY ENGINEER, resulting from the DEVELOPER <br />DEFAULT, the CITY may perform the work or improvement to be performed by the <br />DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and <br />without giving the DEVELOPER the right to cure the DEVELOPER DEFAULT. In such case, <br />the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the <br />CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole <br />or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER <br />hereby waives any and all procedural and substantive objections to the installation and <br />construction of the work and improvements and the special assessments resulting therefrom, <br />including, but not limited to, notice and hearing requirements and any claim that the special