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6 <br />(f) The prevailing party shall reimburse the non-prevailing party for all costs <br />incurred by the prevailing party in defense or enforcement of this Agreement due to actions <br />or inactions of the non-prevailing party including court costs and reasonable engineering <br />and attorneys’ fees. <br /> <br />(g) If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br />this Agreement is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of the Development <br />Agreement. <br /> <br /> (h) It is agreed that the City has the right, privilege and authority as a condition <br />precedent to the approval of the Plans specifications and approval of the Final Plat to <br />prescribe the design requirements for any Improvement within the Plat. The City <br />acknowledges that the Zoning Compliance Permit has been issued by the City and that the <br />layout of any improvements proposed to be constructed on Parcel A or Parcel B pursuant <br />to the Construction Plans has been approved. <br /> <br /> (i) The provisions of this Section relating to approval, rejection and <br />resubmission of corrected Construction Plans shall continue to apply until any amendments <br />to the Construction Plans have been approved by the City. Approval of the Construction <br />Plans by the City shall not relieve the Developer of any obligation to comply with the terms <br />and provisions of this Agreement or the provisions of applicable federal, State and local <br />laws, ordinances and regulations, nor shall approval of the Construction Plans by the City <br />be deemed to constitute a waiver of any Event of Default. The Construction Plans shall be <br />deemed approved by the City unless rejected in writing within thirty (30) days after receipt <br />from the Developer by the City with a statement of the City's reasons for such rejection. <br /> <br /> (j) If the Developer desires to make any material change in the approved <br />Construction Plans, the Developer shall submit the proposed change, in writing, to the City <br />for its approval. If the Construction Plans, as modified by the proposed change, conform <br />to the requirements of this Agreement and such changes do not materially alter the nature, <br />quality or exterior appearance of the Improvements, the City shall approve the proposed <br />change and notify the Developer in writing of its approval. <br /> <br /> Section 3.3. Commencement and Completion of Construction. Until construction of the <br />Improvements has been completed, the Developer shall make reports to the City, in such detail <br />and at such times as may reasonably be requested by the City, as to the actual progress of the <br />Developer with respect to construction of the Improvements. The Developer shall allow <br />designated representatives of the City to enter upon the Property during the construction of the <br />Improvements to inspect such construction. <br /> <br /> Section 3.4. Certificate of Completion. <br /> <br /> (a) Promptly after completion of the Required Improvements in accordance <br />with those provisions of the Agreement relating solely to the obligations of the Developer <br />to construct the Required Improvements, and upon approval of the Improvements by the