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is cumulative and in addition to every other right, power, or remedy, express or implied, now or <br />hereafter arising, or available to the City at law or in equity, or under any other agreement. Each <br />and every right, power, and remedy herein set forth or otherwise so existing may be exercised <br />from time to time as often and in such order as may be deemed expedient by the City and shall <br />not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. <br />If either party waives in writing any default or nonperformance by the other party, such waiver <br />shall be deemed to apply only to such event and shall not waive any other prior or subsequent <br />default. <br />39. COUNTERPARTS. This Agreement may be executed simultaneously in any number of <br />counterparts, each of which shall be an original and shall constitute one and the same <br />Agreement. <br />40. GRADING AGREEMENT AND SITE IMPROVEMENT AGREEMENT. Upon <br />execution of this Agreement by the Developer and the City and the posting of the Security required <br />under this Agreement, the Grading Agreement and the Site Improvement Agreement shall, be <br />deemed to be null and void and the City shall sign a release of the Grading Agreement and Site <br />Improvement Agreement that may be recorded by the Developer in the property records. <br />29 <br />LA515-93-753821A <br />