#09 - Royal Golf 5th Addn DA - Laserfiche WebLink

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32 LA515-119-849077.v5 action by City or Developer and without need to record a separate release. Substantial completion will occur when the City issues a certificate of occupancy for the home site. Such certification by the City shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement as to such home site. The City agrees to provide to the Developer a final certificate of completion and release once the City determines that all obligations of the Developer under this Agreement have been fully performed and all warranty periods for which Developer has deposited a financial guaranty have expired. 41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section and shall not invalidate or render unenforceable any other provision of this Agreement. 42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement is cumulative and in addition to every other right, power, or remedy, express or implied, now, or hereafter arising, or available to the City at law or in equity, or under any other agreement. Each and every right, power, and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. If either party waives in writing any default or nonperformance by the other party, such waiver shall be deemed to apply only to such event and shall not waive any other prior or subsequent default. 43. COUNTERPARTS. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be an original and shall constitute one and the same Agreement.