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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 <br />consequent upon a breach thereof, shall constitute a waiver of any such breach of any <br />other covenant, agreement, term, or condition, nor does it imply that such covenant, <br />agreement, term or condition may be waived again. The action or inaction of the City <br />shall not constitute a waiver or amendment to the provisions of this Agreement. To <br />be binding, amendments or waivers shall be in writing and signed by the parties. The <br />City’s failure to promptly take legal action to enforce this Agreement shall not be a <br />waiver or release. <br /> <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 <br />arising, available to the City, at law or in equity, or under any other agreement, and <br />each and every right, power and remedy herein set forth or otherwise so existing may <br />be exercised from time to time as often and in such order as may be deemed <br />expedient by the City and shall not be a waiver of the right to exercise at any time <br />thereafter any other right, power or remedy. <br /> <br />H. This Agreement, together with the exhibits hereto, which are incorporated by reference, <br />constitutes the complete and exclusive statement of all mutual understandings between <br />the parties with respect to this Agreement, superseding all prior or contemporaneous <br />proposals, communications, and understandings, whether oral or written, pertaining to <br />the subject matter of this Agreement. <br /> <br />I. No officer, agent or employee of the City shall be personally liable to Developer, or <br />any successor in interest, in the event of any default or breach by the City on any <br />obligation or term of this Agreement. <br /> <br />J. Data provided to the Developer or received from the Developer under this Agreement <br />shall be administered in accordance with the Minnesota Government Data Practices <br />Act, Minnesota Statutes, Chapter 13. <br /> <br /> <br /> <br />15 <br />