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AUG -21 -1990 08:20 FROM SWWEENEY & BORER <br />TO LITTLE - CANADA P.06/10 <br />9. 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 expenses incurred by the <br />City, provided the Developer is first given written notice of <br />the work in default, not less than fourteen (14) days in <br />advance. This Agreement is a license for the City to act, and <br />it shall not be necessary for the City to seek a court order for <br />permission to enter the land. When the City does any such work, <br />the City may, in addition to its other remedies, assess the cost <br />in whole or in part. <br />10. Miscellaneous. <br />A. This Agreement 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 Agreement by the <br />Developer shall be grounds for denial of the issuance of the <br />building permit or recission of the building permit. <br />C. If any portion, section, subsection, sentence, <br />clause, paragraph, or phrase of this Agreement is for any reason <br />held invalid, such decision shall not affect the validity of the <br />remaining portions of this Agreement. <br />D. The action or inaction of the City shall not <br />constitute a waiver or amendment to the provisions of this <br />Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written <br />Page 13 <br />