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DRAFT <br /> 4.15.2004 <br /> • <br /> 3.17. Miscellaneous Provisions. <br /> A. The Developer represents to the City that the development of the Property, the <br /> subdivision and the plat comply with all city, county, metropolitan, state and federal laws and <br /> regulations including, but not limited to: subdivision ordinances, zoning ordinances and <br /> environmental regulations. If the City determines that the subdivision or the plat or the <br /> development of the Property does not comply, the City may, at its option, refuse to allow <br /> construction or development work on the Property until the Developer does comply. Upon the <br /> City's demand,the Developer shall cease work until there is compliance. <br /> B. Third parties shall have no recourse against the City under this Agreement. <br /> C. Breach of the terms of this Agreement by the Developer shall be grounds for denial <br /> of building permits,including lots sold to third parties. <br /> D. Wherever possible, each provision of this Agreement and each related document <br /> shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or <br /> any related document is to any extent found invalid by a court or other governmental entity of <br /> competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, <br /> without invalidating the remainder of such provision or the remaining provisions of this Agreement <br /> i or any other related document. <br /> E. If building permits are issued prior to the completion and acceptance of public <br /> improvements, the Developer assumes all liability and costs resulting in delays in completion of <br /> public improvements and damage to public improvements caused by the City, Developer, its <br /> contractors, subcontractors,materialmen, employees, agents or third parties. <br /> F. No failure by any party to insist upon the strict performance of any covenant, duty, <br /> agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a <br /> breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement,term, <br /> or condition, nor does it imply that such covenant, agreement, term or condition may be waived <br /> again. 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 writing and signed <br /> by the parties. The City's failure to promptly take legal action to enforce this Agreement shall not <br /> be a waiver or release. <br /> G. 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 arising, <br /> available to the City, at law or in equity, or under any other agreement, and each and every right, <br /> power and remedy herein set forth or otherwise so exciting may be exercised from time to time as <br /> often and in such order as may be deemed expedient by the City and shall not be a waiver of the <br /> right to exercise at any time thereafter any other right,power or remedy. <br /> -24 <br /> SJR 249v4 5 <br /> MU205-29 <br /> E-10 <br />