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Developer, for itself and its successors and assigns, expressly waives any and all procedural <br />and substantive objections to the special assessments, including, but not limited to, hearing <br />requirements, and any claim that the assessments exceed the benefit to the land so assessed. <br />The Developer, for itself and its successors and assigns, also waives any appeal rights <br />otherwise available pursuant 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 <br />Agreement. <br />36. 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 <br />defective portion and may use the Security to reimburse itself for such costs. The Developer <br />agrees to reimburse the City fully for the cost of all Subdivision Improvement repair or <br />replacement if the cost thereof exceeds the remaining amount of the Security. Such <br />reimbursement must be made within 45 days of the date upon which the City notifies the <br />Developer of the cost due under this paragraph. The Developer hereby agrees to permit the <br />City to specially assess any unreimbursed costs against any lots in the Subdivision which have <br />not been sold to home buyers if the Developer fails to make required payments to the City. The <br />Developer, on behalf of itself and its successors and assigns, acknowledges the benefit to the <br />25