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21 <br />LA515\137\947791.v5 <br />be given 30 days’ advance written notice of the cancellation of the insurance. <br />E. Third parties shall have no recourse against the City under this Agreement. <br />F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Agreement is for any reason held invalid, such decision shall not affect the validity <br />of the remaining portions of this Agreement. <br />G. The action or inaction of the City shall not constitute a waiver or amendment to the <br />provisions of this Agreement. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City Council. <br />The City's failure to promptly take legal action to enforce this Agreement shall not be <br />a waiver or release. <br />H. This Agreement shall run with the land and may be recorded against the title to the <br />Subdivision property at the Developer’s expense. The Developer covenants with the <br />City, its successors and assigns, that it is the fee owner of the Subdivision and has <br />obtained consents to this Agreement, in the form attached hereto, from all parties <br />who have an interest in the Subdivision property, including, but not limited to, <br />mortgagees; that there are no unrecorded interests in the Subdivision property being <br />final platted; and the Developer will indemnify, defend, and hold the City harmless <br />for any breach of the foregoing covenant. Notwithstanding the foregoing, following <br />Developer’s completion of the requirements under this Agreement, at the <br />Developer’s written request, the City will execute and deliver to the Developer a <br />release of this Agreement, in recordable form. <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