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<br />17 <br />LA515\147\1015204.v1 <br />LA515\147\1015204.v1 <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 />K. 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 />25. 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, <br />condition, obligation, or agreement on its part to be observed or performed under <br />this Agreement. <br />26. REMEDIES ON DEFAULT. Whenever any Event of Default occurs, the City, subject <br />to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by <br />written, executed instrument of the City, may take any one or more of the following: <br />A. The City may suspend its performance under the Agreement until it receives <br />assurances from the Developer, deemed adequate by the City, that Developer will <br />cure its default and continue its performance under the Agreement. Suspension of