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XIII. GENERAL. <br />A. Binding Effect. The terms and provisions hereof shall be binding <br />upon and inure to the benefit of the heirs, representatives, <br />successors and assigns of the parties hereto and shall be binding <br />upon all future owners of all or any part of the Property and shall be <br />deemed covenants running with the land. <br />B. Notices. Whenever in this Agreement it shall be required or <br />permitted that notice or demand be given or served by either party <br />to this Agreement to or on the other party, such notice or demand <br />shall be delivered personally or (i) mailed by United States mail by <br />certified mail (return receipt requested) or (ii) sent by nationally <br />recognized overnight carrier to the addresses hereinbefore set forth <br />on Page 1. Such notice or demand shall be deemed timely given <br />when delivered personally or when deposited in the mail or the <br />overnight carrier in accordance with the above. The addresses of <br />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, <br />proposals, specifications and contracts for the improvements <br />furnished and let pursuant to this Agreement shall be and hereby <br />are made a part of this Agreement by reference as fully as if set out <br />herein in full. <br />D. Hours of Construction Activity. Construction activity shall be limited <br />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 />XIV. VIOLATIONS/BUILDING 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 <br />performed by the Developer, the City, at its option, and after providing <br />written notice and opportunity to cure to Developer in addition to the rights <br />and remedies as set out hereunder may refuse to issue building permits to <br />any property within the development and/or stop building construction <br />within the development until such time as such default has been corrected <br />to the satisfaction of the City. <br />416 Lilac Street Site Performance Agreement page 9 of 11 <br />