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26 <br />TW185\1\1011577.v13 <br />successors and assigns, that the Developer is well seized in fee title of the <br />Subject Property being developed and/or has obtained the Ramsey County <br />consent to this Agreement, in the form attached hereto, and any necessary <br />consents from all parties who have an interest in the Project Site; that there <br />are no unrecorded interests in the Subject Property; and that the Developer <br />will indemnify and hold the JDA harmless for any breach of the foregoing <br />covenants. <br />C. Other than the City and the County, third parties shall have no recourse <br />against the JDA or Developer under this Agreement. <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br />this Agreement is for any reason held invalid, such decision shall not affect <br />the validity of the remaining portions of this Agreement. <br />E. The action or inaction of the JDA shall not constitute a waiver or <br />amendment to the provisions of this Agreement. To be binding, <br />amendments or waivers shall be in writing, signed by the parties and <br />approved by written resolution of the JDA Board of Commissioners. The <br />JDA’s failure to promptly take legal action to enforce this Agreement shall <br />not be a waiver or release. <br />F. Developer will hold the JDA, the City, and the County and their respective <br />officers, agents, and employees harmless from claims made by third parties, <br />including but not limited to other property owners, tenants, contractors, <br />subcontractors, and materialmen, for damages sustained, costs incurred, or <br />injuries resulting from Developer’s development of the Project, unless such