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<br />24 <br />LA515\124\964107.v1 <br />objections to the special assessments, including, but not limited to, hearing requirements, and <br />any claim that the assessments exceed the benefit to the land so assessed. The Developer, for <br />itself and its successors and assigns, also waives any appeal rights otherwise available pursuant <br />to Minnesota Statutes Section 429.081. <br />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 />35. 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 use the Security to reimburse itself for such costs. The Developer agrees to <br />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 forty-five (45) days of the date upon which the City notifies the Developer of the cost due <br />under this paragraph. The Developer hereby agrees to permit the City to specially assess any <br />unreimbursed costs against any lots in the Subdivision which have not been sold to home buyers <br />if the Developer fails to make required payments to the City. The Developer, on behalf of itself <br />and its successors and assigns, acknowledges the benefit to the lots within the Subdivision of the <br />repair or replacement of the Subdivision Improvements and hereby consents to such assessment <br />and waives the right to a hearing or notice of hearing or any appeal thereon under Minnesota