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32 <br />LA515\135\943139.v2 <br />ownership of the property being platted by way of a title insurance commitment dated not earlier <br />than 90 days prior to the execution of the plat. <br />39. COMPLIANCE WITH LAWS. The Developer agrees to comply with all laws, <br />ordinances, regulations, and directives of the state of Minnesota and the City applicable to the <br />Subdivision. This Agreement shall be construed according to the laws of the Minnesota. <br />40. CERTIFICATE OF COMPLETION. Each individual home site within the Subdivision <br />shall be deemed released from the obligations of this Agreement and this Agreement may be <br />disregarded as to such home site upon substantial completion of the home site without further <br />action by City or Developer and without need to record a separate release. Substantial completion <br />will occur when the City issues a certificate of occupancy for the home site. Such certification by <br />the City shall be a conclusive determination of satisfaction and termination of the agreements and <br />covenants in this Agreement as to such home site. The City agrees to provide to the Developer <br />a final certificate of completion and release once the City determines that all obligations of the <br />Developer under this Agreement have been fully performed and all warranty periods for which <br />Developer has deposited a financial guaranty have expired. <br />41. SEVERABILITY. In the event that any provision of this Agreement shall be held invalid, <br />illegal, or unenforceable by any court of competent jurisdiction, such holding shall pertain only to <br />such section and shall not invalidate or render unenforceable any other provision of this <br />Agreement. <br />42. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement <br />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.