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3.13. Miscellaneous Provisions.
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<br />A. The Developer, in executing this Agreement, assumes all liability and costs for
<br />damage or delays, incurred by the City, in the construction of public improvements,
<br />caused by the Developer, its employees, contractors, subcontractors, materialmen or
<br />agents.
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<br />B. 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
<br />laws and regulations including, but not limited to: subdivision ordinances, zoning
<br />ordinances and environmental regulations. If the City determines that the subdivision
<br />or the plat or the development of the Property does not comply, the City may, at its
<br />option, refuse to allow construction or development work on the Property until the
<br />Developer does comply. Upon the City’s demand, the Developer shall cease work
<br />until there is compliance.
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<br />C. Third parties shall have no recourse against the City under this Agreement.
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<br />D. Breach of the terms of this Agreement by the Developer shall be grounds for denial
<br />of building permits.
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<br />E. Wherever possible, each provision of this Agreement and each related document shall
<br />be interpreted so that it is valid under applicable law. If any provision of this
<br />Agreement or any related document is to any extent found invalid by a court or other
<br />governmental entity of competent jurisdiction, that provision shall be ineffective only to
<br />the extent of such invalidity, without invalidating the remainder of such provision or
<br />the remaining provisions of this Agreement or any other related document.
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<br />F. 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
<br />completion of public improvements and damage to public improvements caused by
<br />the City, Developer, its contractors, subcontractors, materialmen, employees, agents
<br />or third parties.
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<br />G. 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.
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<br />H. 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
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