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<br />or render unenforceable any other provision hereof, and the remaining provisions shall <br />not in any way be affected or impaired thereby. If any provision of this Agreement is for <br />any reason held invalid, illegal or unenforceable as a result of a challenge brought by the <br />Developer, its agents and assigns, the City may, at its option, declare the entire <br />Agreement null and void and approval of the Development Plans shall thereby be <br />revoked. Breach of any material term of this Agreement by the Developer shall be <br />grounds for denial of building permits. The determination of a material breach shall be <br />made by the City. <br />B. The breach of any material term of this Agreement by the Developer shall <br />be grounds for denial of building permits. The determination of a material breach shall be <br />made by the City in its reasonable discretion. <br />C. The action or inaction of any party shall not constitute. a waiver or <br />amendment to the provisions of this Agreement. To be binding, amendments or waivers <br />shall be in writing, signed by the parties and approved by written resolution of the City <br />Council. Any party's failure to promptly take legal action to enforce this Agreement after <br />expiration of time in which the work is to be completed shall not be a waiver or release. <br />D. This Agreement and the terms of the conditional use permit granted by the <br />City shall run with the land and shall be recorded by the City in the Anoka County <br />Recorder's Office. <br />E. This Agreement shall be liberally construed to protect the public's interest. <br /> <br />4;!- <br />