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The Developer also acknowledges that its failure to perform any or all of the Developer's <br />obligations under this Agreement may result in substantial damages to the City; that in the event <br />of default by the Developer, the City may commence legal action to recover all damages, losses <br />and expenses sustained by the City; and that such expenses may include, but are not limited to, <br />the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. <br />30. WARRANTY. During the warranty period, the Developer warrants that all Subdivision <br />Improvements will be free from defects and that they will continue to meet all technical <br />specifications and standards. During the warranty period, the Developer agrees to repair or <br />replace any Subdivision Improvement, or any portion or element thereof, which shows signs of <br />failure, normal wear and tear excepted. If the Developer fails to repair or replace a defective <br />Subdivision Improvement during the warranty period, the City may repair or replace the defective <br />portion and may draw upon the Security to reimburse itself for such costs. The Developer agrees <br />to reimburse the City fully for the cost of all Subdivision Improvement repair or replacement if the <br />cost thereof exceeds the remaining amount of the Security. Such reimbursement must be made <br />within 45 days of the date upon which the City notifies the Developer of the cost due under this <br />paragraph. The Developer hereby agrees to permit the City to specially assess any unreimbursed <br />costs against the Subdivision if the Developer fails to make required payments to the City. The <br />Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the <br />Subdivision of the repair or replacement of the Subdivision Improvements and hereby consents <br />to such assessment and waives the right to a hearing or notice of hearing or any appeal thereon <br />under Minnesota Statutes, Chapter 429. <br />A. The required warranty period for all work relating to the public sewer and water shall <br />be two years from the date of final written City acceptance of the work. <br />B. The required warranty period for all work relating to public street construction, <br />23 <br />LA515-93-753821A <br />