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12. Developer's Default. In the event of default by the <br />Developer as to any of the work to be performed by it hereunder, <br />the City may, at its option, perform the work and the Developer <br />shall promptly reimburse the City for any expenses incurred by <br />the City, provided the Developer is first given written notice of <br />the work in default, not less than fourteen (14) days'in advance. <br />This Agreement is a license for the City to act, and it shall not <br />be necessary for the City to seek a Court order for permission to <br />enter the land. When the City does any such work, the City may, <br />in addition to its other remedies, assess the cost thereof in <br />whole or in part. In the event of default by the Developer, the <br />City, at its option, may proceed against the security for <br />completion of the work. <br />13. Miscellaneous. <br />A. This Contract shall be binding upon the parties, <br />their heirs, successors or assigns, as the case may be. <br />B. Breach of the terms of this Contract by the <br />Developer shall be grounds for denial of building permits. <br />C. If any portion, section, subsection, sentence, <br />clause, paragraph, or phrase of this Contract is for any reason <br />held invalid, such decision shall not affect the validity of the <br />remaining portions of this Contract. <br />D. The action or inaction of the City shall not <br />constitute a waiver to or amendment of the provisions of this <br />Contract. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution <br />of the City Council. The City's failure to promptly take legal <br />action to enforce this Contract shall not be a waiver or release. <br />E. Future residents of the Property shall not be <br />deemed to be third -party beneficiaries of this Contract. <br />F. The Developer shall provide and maintain until <br />the activity has ceased, public liability and property damage <br />insurance, covering personal injury, .including death, and claims <br />for property damage which may arise out of the Developer's work <br />or the work of its subcontractors or by one directly or <br />indirectly employed by any of them. Limits for bodily injury or <br />death shall not be less than $500,000 for one person and <br />$1,000,000 for each occurrence. The City shall be named as an <br />additional named insured on said policy, and the Developer shall <br />fil.o evidence of the insurance coverage with the City prior to <br />the City signing the contract. <br />Page 4 <br />