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The Developer agrees to reimburse the City for all costs incurred by the City in <br /> defense of enforcement of this Agreement, or any portion thereof, including court <br /> costs and reasonable engineering and attorneys'fees if the City prevails in such <br /> action. <br /> X. 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 /> M. 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 mailed by United States mail to the addresses hereinbefore set forth on <br /> Page 1 by certified mail(return receipt requested). Such notice or demand <br /> shall be deemed timely given when delivered personally or when <br /> deposited in the mail in accordance with the above. The addresses of the <br /> parties hereto are as set forth on Page 1 until changed by notices given as <br /> 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 /> D. Hours of Construction Activity. All construction activity shall be <br /> limited to the hours set out as follows: <br /> Monday through Friday 7:00 a.m.to 7:00 p.m. <br /> Saturday 9:00 am.to 5:00 pm. <br /> Sunday and Holidays No construction work allowed <br /> E. Drainage and Utility Easement. Developer shall grant to City a drainage and <br /> utility easement over the infiltration basin shown on the Plans. <br /> • <br /> page 7 of 9 <br />