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<br />196456v7 <br /> G. In addition to all legal or equitable remedies, breach of any material term <br />of this Agreement by the Developer shall be grounds for denial of building permits, including <br />lots sold to third parties, and Certificates of Occupancy. <br /> H. Each right, power or remedy herein conferred upon the City is cumulative <br />and in addition to every other right, power or remedy, express or implied, now or hereafter arising, <br />available to 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 existing 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. <br /> I. Developer shall be responsible for ensuring that all vacant lots comply <br />with the City’s Code regarding nuisances. <br /> J. Retaining walls that require a building permit shall be constructed in <br />accordance with plans and specifications prepared by a structural or geotechnical engineer licensed <br />by the State of Minnesota. Following construction, a certification signed by the design engineer <br />shall be filed with the City Engineer evidencing that the retaining wall was constructed in <br />accordance with the approved plans and specifications. All retaining walls within the development <br />plans, or special conditions referred to in this Agreement required to be constructed shall be <br />constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is <br />required to be built. <br /> 21. SUCCESSORS AND ASSIGNS. The Developer may not assign this Agreement <br />without the written permission of the City Council. This Development Contract shall be binding <br />upon and inure to the benefit of the parties and their respected successors and assigns, including <br />without limitation, any and all future and present owners, tenants, occupants, licensee, mortgagee <br />and any other parties with any interest in the Property. Should the Developer convey any lot or