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<br />{00149157 12} 25. <br />certificate may not contain any disclaimer for failure to give the required notice. <br /> <br />13.5 Reimbursement of Costs <br /> <br />The Developer agrees to pay the City for its actual costs and expenses in reviewing the <br />Plans and in granting the City Approvals, including the drafting and negotiation of this Master <br />Agreement and related documents and agreements. The Developer agrees to establish a non- <br />interest bearing escrow account with the City in an amount reasonably determined by the City <br />Administrator or his designee for the payment of all costs incurred by the City related to the <br />development of the Subdivision. The City Administrator will provide Developer with the basis on <br />which the amount is determined in reasonable detail. The amount shall be determined at the time <br />of final plat approval for each phase. The Developer agrees to reimburse the City for the actual <br />cost incurred in the enforcement of any provision of this Master Agreement, including reasonable <br />engineering and attorneys’ fees, but only in the event the Developer is found to be in default of its <br />obligations beyond a cure period defined in Section 13.11 of this Master Agreement. Upon request <br />of the Developer, the City shall provide detailed information describing the actual costs incurred <br />by the City and for which it is seeking reimbursement from the Developer. <br /> <br />13.6 Severability <br /> <br />In the event that any provision of this Master Agreement shall be held invalid, illegal or <br />unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section <br />and shall not invalidate or render unenforceable any other provision of this Master Agreement. <br /> <br />13.7 Counterparts <br /> <br />This Master Agreement may be executed simultaneously in any number of counterparts, each <br />of which shall be an original and shall constitute one and the same Master Agreement. <br /> <br />13.8 Governing Law <br /> <br />This Master Agreement shall be governed by and construed in accordance with the laws of <br />Minnesota. <br /> <br />13.9 Non-waiver <br /> <br />Each right, power or remedy conferred by this Master Agreement is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, or <br />available at law or in equity, or under any other agreement. Each and every right, pow er and <br />remedy herein set forth or otherwise so existing may be exercised from time to time as often and <br />in such order as may be deemed expedient and shall not be a waiver of the right to exercise at any <br />time thereafter any other right, power or remedy. If either party waives in writing any default or <br />nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall <br />not waive any other prior or subsequent default. <br /> <br />13.10 Headings