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<br /> <br />17 <br /> D. The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be <br />in writing, signed by the parties and approved by written resolution of the City Council. The <br />City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or <br />release. <br /> E. Developer will hold the City and its officers, agents, and employees <br />harmless from claims made by third parties, including but not limited to other property owners, <br />tenants, contractors, subcontractors, and materialmen, for damages sustained, costs incurred, or <br />injuries resulting from approval of this Planned Unit Development and the development of the <br />Subject Property unless such claims are caused by the City’s negligent, reckless or willful <br />misconduct. The Developer will indemnify the City and its officers, agents, and employees for all <br />costs, damages, or expenses, including reasonable engineering and attorney’s fees, which the City <br />may pay or incur in consequence of such claims, except if caused by City negligence, reckless or <br />willful misconduct. <br /> F. In addition to all legal or equitable remedies, breach of any material term of <br />this Agreement by the Developer shall be grounds for denial of building permits, and Certificates <br />of Occupancy. <br /> G. 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.