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DRAFT 4.5.2022 <br />part thereof on the Property or part thereof; and any amounts otherwise owing <br />the EDA by the Developer and its successor or transferee; and <br />(ii) Second, to reimburse the Developer, its successor or transferee, up to the <br />amount equal to the amount actually invested by it in making any of the <br />Minimum Improvements on the Property or part thereof. <br />Any balance remaining after such reimbursements shall be retained by the EDA as its <br />property. <br />d. No Remedy Exclusive. No remedy herein conferred upon or reserved to the parties <br />is intended to be exclusive of any other available remedy or remedies, but each and <br />every such remedy shall be cumulative and shall be in addition to every other remedy <br />given under this Agreement or now or hereafter existing at law or in equity or by <br />statute. No delay or omission to exercise any right or power accruing upon any default <br />shall impair any such right or power or shall be construed to be a waiver thereof, but <br />any such right and power may be exercised from time to time and as often as may be <br />deemed expedient. In order to entitle the EDA or the Developer to exercise any <br />remedy reserved to it, it shall not be necessary to give notice, other than such notice <br />as may be required in this Agreement. <br />26. Compliance with Existing Laws. The Developer warrants that all work performed pursuant <br />to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations, <br />standards, and specifications of the City. <br />27. Miscellaneous Provisions. <br />a. The Developer represents to the Authority that the Project and the development of <br />the Property, the subdivision and the Plat comply with all city, county, state and <br />federal laws and regulations including, but not limited to: subdivision ordinances, <br />zoning ordinances and environmental regulations. If the Authority determines that <br />the subdivision, the Plat, the Project or the development of the Property does not <br />comply, it may demand that the Developer cease work until there is compliance. <br />b. Third parties shall have no recourse against the Authority 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 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 <br />to the extent of such invalidity, without invalidating the remainder of such provision <br />or the remaining provisions of this Agreement or any other related document. <br />15 <br />DOCSOPEN\MU205\53\788760.v5-4/5/22 <br />