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XII. GENERAL <br />A. Binding Effect. The terms and provisions hereof shall be binding upon <br />and inure to the benefit of the heirs, representatives, successors and <br />assigns of the parties hereto and shall be binding upon all future owners of <br />all or any part of the Property and shall be deemed covenants running with <br />the land. <br />D. Notices. Whenever in this Agreement it shall be required or permitted that <br />notice or demand be given or served by either party to this Agreement to <br />or on the other party, such notice or demand shall be delivered personally <br />or (i) mailed by United States mail by certified mail (return receipt <br />requested)or (ii) sent by nationally recognized overnight carrier to the <br />addresses hereinbefore set forth on Page 1 . Such notice or demand shall <br />be deemed timely given when delivered personally or when deposited in <br />the mail or the overnight carrier in accordance with the above. The <br />addresses of the parties hereto are as set forth on Page 1 until changed by <br />notices given as above. <br />E. Incorporation by Reference. All plans, special provisions, proposals, <br />specifications and contracts for the improvements furnished and let <br />pursuant to this Agreement shall be and hereby are made a part of this <br />Agreement by reference as fully as if set out herein in full. <br />F. Hours of Construction Activity. All construction activity shall be <br />limited to the hours set out as follows: <br />Monday through Friday <br />7:00 a.m. to 7:00 p.m. <br />Saturday <br />9:00 a.m. to 5:00 p.m. <br />Sunday and Holidays <br />No working hours allowed <br />XIII. VIOLATIONSBUILDING PERMITS <br />In the event that Developer violates any of the covenants and agreements <br />contained in this Site Improvement Performance Agreement and to be performed <br />by the Developer, the City, at its option, and after providing written notice and <br />opportunity to cure to Developer in addition to the rights and remedies as set out <br />hereunder may refuse to issue building permits to any property within the <br />development and/or stop building construction within the development until such <br />time as such default has been corrected to the satisfaction of the City. <br />2016 20160627 Arnt CUP Batch Plant Site Performance Agreement page 6 of 8 <br />