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<br />187184v1 15 <br /> C. Third parties shall have no recourse against the City or Developer under this <br />Agreement. <br /> 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