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cancellation of the insurance. The certificate may not contain any disclaimer for <br /> failure to give the required notice. <br /> XI. REIMBURSEMENT FOR LITIGATION EXPENSES. <br /> The City and Developer agree that the prevailing party in any litigation pertaining <br /> to the enforcement of this Agreement shall be entitled to reimbursement from the <br /> non-prevailing party for all reasonable costs incurred by said prevailing party <br /> including court costs and reasonable engineering and attorneys' fees. <br /> XII. VALIDITY. <br /> If a portion, section, subsection, sentence, clause, paragraph or phrase in this <br /> Agreement is for any reason held to be invalid by a court of competent <br /> jurisdiction, such decision shall not affect or void any of the other provisions of <br /> the Site Improvement Performance Agreement. <br /> XIII. 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 /> B. 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 /> C. 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 /> E. Hours of Construction Activity. Construction activity shall be limited to <br /> the hours set out as follows: <br /> Monday through Friday 7:00 a.m.to 7:00 pin. <br /> Saturday 9:00 a.m.to 5:00 p.m. <br /> Rehbein Site Development Preparation Performance Agreement page 7 of 11 <br />