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9
<br />628764v3MU210-262
<br />work until there is compliance. Upon the City's demand, the Developer shall correct any and all
<br />errors contained in the plat, including but not limited to legal descriptions, names of parties in
<br />interest, depictions, etc., solely at the cost of the Developer; further, the Developer shall take all
<br />necessary actions such that the plat will be in compliance with existing laws, ordinances, pertinent
<br />regulations, standards, and specifications of the City, solely at the cost of the Developer.
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<br />B. Third parties shall have no recourse against the City under this Agreement.
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<br />C. Breach of the terms of this Agreement by the Developer shall be grounds for denial
<br />of building permits, including for lots sold to third parties.
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<br />D. 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 Agreement or any related
<br />document is to any extent found invalid by a court or other governmental entity of competent
<br />jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without
<br />invalidating the remainder of such provision or the remaining provisions of this Agreement or any
<br />other related document.
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<br />E. If building permits are issued prior to the completion and acceptance of any 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, the Developer, its
<br />contractors, subcontractors, material men, employees, agents, or third parties.
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<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,
<br />term, or condition, nor does it imply that such covenant, agreement, term, or condition may be
<br />waived 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
<br />signed by the parties. The City’s failure to promptly take legal action to enforce this Agreement
<br />shall not be a waiver or release.
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<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.
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<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 between the
<br />parties with respect to this Agreement, superseding all prior or contemporaneous proposals,
<br />communications, and understandings, whether oral or written, pertaining to the subject matter of this
<br />Agreement.
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