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<br />22 <br />LA515\124\964107.v1 <br />fee owner and the mortgagees; that there are no unrecorded interests in the Property <br />being final platted; and that the Developer will indemnify and hold the City harmless <br />for any breach of the foregoing covenants. <br />I. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter <br />arising, available to City, at law or in equity, or under any other agreement, and each <br />and every right, power and remedy herein set forth or otherwise so existing may be <br />exercised from time to time as often and in such order as may be deemed expedient <br />by the City and shall not be a waiver of the right to exercise at any time thereafter <br />any other right, power or remedy. <br />J. The Developer represents to the City that the Subdivision and the Subdivision <br />Improvements comply or will comply with all City, County, metropolitan, state, and <br />federal laws and regulations, including but not limited to: subdivision ordinances, <br />zoning ordinances, and environmental regulations. If the City determines that the <br />Subdivision is not in compliance, the City may, at its option, refuse to allow <br />construction or development work in the Subdivision until it is brought into <br />compliance. Upon the City’s demand, the Developer shall cease work until there is <br />compliance. <br />32. EVENTS OF DEFAULT. The following shall be "Events of Default" under this <br />Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, <br />any one or more of the following events: <br />A. Subject to unavoidable delays, failure by the Developer to commence and complete <br />construction of the public Subdivision Improvements pursuant to the terms, <br />conditions, and limitations of this Agreement. <br />B. Failure by the Developer to substantially observe or perform any material covenant,