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<br />LA515\110\984498.v1 <br />36. EVIDENCE OF TITLE. The Developer shall furnish the City with evidence of fee <br />ownership of the Subdivision property being platted by way of a title insurance policy dated not <br />earlier than 30 days prior to the execution of the plat. <br />37. 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 property. This Agreement shall be construed according to the laws of the state of <br />Minnesota. <br />38. 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 />39. 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. <br />If either party waives in writing any default or nonperformance by the other party, such waiver <br />shall be deemed to apply only to such event and shall not waive any other prior or subsequent <br />default. <br />40. MUTUAL COOPERATION. Notwithstanding anything to the contrary in this Agreement, <br />the City and the Developer each agree to use reasonable efforts to cooperate with each other to <br />carry out the purposes of this Agreement and to avoid unreasonable delays in the performance <br />of this Agreement; provided, however, the Developer acknowledges that the foregoing is not a <br />waiver of any of the City’s discretion, rights or remedies under this Agreement.