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<br /> <br />comply. Upon the City’s demand, the Developer shall cease work until there is <br />compliance. <br /> <br />B. Third parties shall have no recourse against the City under this Agreement. <br /> <br />C. Breach of the terms of this Agreement by the Developer shall be grounds for <br />denial of building permits, including lots sold to third parties. <br /> <br />D. Wherever possible, each provision of this Agreement and each related <br />document shall be interpreted so that it is valid under applicable law. If any provision of <br />this 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 the <br />extent of such invalidity, without invalidating the remainder of such provision or the <br />remaining provisions of this Agreement or any other related document. <br /> <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 <br />completion of public improvements and damage to public improvements caused by the <br />City, Developer, its contractors, subcontractors, materialmen, employees, agents or third <br />parties. <br /> <br />F. No failure by any party to insist upon the strict performance of any covenant, <br />duty, 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 shall <br />not constitute a waiver or amendment to the provisions of this Agreement. To be binding, <br />amendments or waivers shall be in writing and signed by the parties. The City’s failure to <br />promptly take legal action to enforce this Agreement shall not be a waiver or release. <br /> <br />G. Each right, power or remedy herein conferred upon the City is cumulative and <br />in 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 each <br />and every right, power and remedy herein set forth or otherwise so exciting may be <br />exercised from time to time as often and in such order as may be deemed expedient by the <br />City and shall not be a waiver of the right to exercise at any time thereafter any other right, <br />power or remedy. <br /> <br />H. This Agreement, together with the exhibits hereto, which are incorporated by <br />reference, constitutes the complete and exclusive statement of all mutual understandings <br />between the parties with respect to this Agreement, superseding all prior or <br />contemporaneous proposals, communications, and understandings, whether oral or <br />written, pertaining to the subject matter of this Agreement. <br /> <br />I. No officer, agent or employee of the City shall be personally liable to <br />Developer, or any successor in interest, in the event of any default or breach by the City on <br />any obligation or term of this Agreement.