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herein to the subsequent owner. Any transfer of an ownership interest in the Remainder Property <br />is an assignment of any rights and obligations of NHLC herein to the subsequent owner. <br />B. Third parties shall have no recourse against the City or Developer under <br />this Agreement. <br />C. If any portion, section, subsection, sentence, clause, paragraph, or phrase <br />of this Agreement is for any reason held invalid, such decision shall not affect the validity of the <br />remaining portion of this Agreement. <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 />17 <br />