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D. If any portion, section, subsection, sentence,clause,paragraph,or phrase of this <br /> Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion <br /> of this Agreement. <br /> E. 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, signed by the <br /> parties and approved by written resolution of the City Council.The City's failure to promptly take legal <br /> action to enforce this Agreement shall not be a waiver or release. <br /> F. Developer will hold the City and its officers, agents, and employees harmless <br /> from claims made by third parties, including but not limited to other property owners,tenants, <br /> contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or injuries resulting <br /> from approval of this Planned Unit Development and the development of the Subject Property unless such <br /> claims are caused by the City's negligent, reckless or willful misconduct. The Developer will indemnify <br /> the City and its officers, agents,and employees for all costs, damages, or expenses, including reasonable <br /> engineering and attorney's fees,which the City may pay or incur in consequence of such claims, except if <br /> caused by City negligence, reckless or willful misconduct. <br /> G. In addition to all legal or equitable remedies,breach of any material term of this <br /> Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third <br /> parties,and Certificates of Occupancy. <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 arising,available to <br /> City,at law or in equity,or under any other agreement,and each and every right,power and remedy herein <br /> set forth or otherwise so existing may be exercised from time to time as often and in such order as may be <br /> deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any <br /> other right,power or remedy. <br /> I. Developer shall take out and maintain or cause to be taken out and maintained until <br /> six(6)months after the City has accepted the public improvements,commercial general liability and <br /> 14 <br /> 211449v2 <br />