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commencement of the Required Improvements. The insurance policy obtained by the Developer <br />is subject to City approval. In the event that the City is held liable to a third party by a court of <br />competent jurisdiction for damages and the insurance obtained by Developer for any reason fails <br />to cover the City, the Developer shall be liable under this Contract for any and all costs incurred <br />or damages claimed against the City. <br />3. This Development Contract cannot be assigned or transferred without prior written <br />approval of the City. <br />4. Any breach of the terms of this Agreement by the Developer shall be grounds for <br />denial of the issuance of any building permit. <br />5. There is no intent to benefit any third parties and third parties shall have no recourse <br />against the City under this Contract. <br />6. The Developer shall reimburse the City for all costs incurred by the City in defense <br />or enforcement of this Contract due to actions or inactions of Developer including court costs <br />and reasonable engineering and attorneys' fees. <br />7. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision <br />shall not affect or void any of the other provisions of the Development Contract. <br />8. It is agreed that the City has the right, privilege and authority as a condition <br />precedent to the approval of the plans and specifications and approval of Final Plat, to prescribe <br />design requirements for any Improvements within the Plat. <br />Recording <br />9. The Developer shall, within a reasonable time frame, record the Plat with Ramsey <br />County. <br />_3_ <br />