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advance written notice of the cancellation of the insurance. The certificate of insurance shall <br />substantially complywith the form attached hereto as Exhibit C. <br />25. MISCELLANEOUS. <br />A. The term "Agreement" as used herein, refers to the original terms and conditions <br />of this Agreement between the Parties and any subsequent amendments or codicils to same. <br />B. Third parties shall have no recourse against the City under this Agreement. <br />C. Upon a breach of this Agreement, and the breach has not been remedied within the <br />applicable notice period, breach of the terms of this Agreement shall be grounds for denial of <br />building permits, future phases of development, certification of occupancy, future planning or <br />zoning applications, plats, or development contracts by or with Owner, assignees, owners of <br />parcels within the Plat, or any party subject to this 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 <br />remaining portion of this Agreement. <br />E. if building permits are issued prior to the completion and acceptance of Public <br />Improvements, the Owner assumes all liability and costs resulting in delays in completion of Public <br />Improvements and damage to Public Improvements caused by the Owner, its contractors, <br />subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection <br />permits may be issued, and no one may occupy a unit or building for which a building permit is <br />issued on a temporary or permanent basis until the streets needed for access are in a plowable and <br />maintainable state and the utilities are accepted by the City. The building official, in consultation <br />with public safety officials and the city engineer will make this determination. <br />F. The action or inaction of the City shall not constitute a waiver or amendment to the <br />DEVELOPMENT & SUBDIVISION AGREEMENT <br />CENTERVH,LE AND AMAZON.COM <br />Draft Version 061202/2022 v2 Page 16 <br />