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d,) the CITY may,. at its sole option, perform. the work or improvements to be. <br />perforined `by the DEVELOPER, in which case. the. DEVELOPER shall within thirty (30) days <br />after written billing by the CITY reimburse the CITY.for any costs and expenses incurred by the. <br />CITY. In the alternative, the CITY may in whole or in part;:. specially assess any of the costs and <br />expenses. incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all <br />procedural and substantive objections to the installation and construction of the work and <br />improvements: and the special assessment resulting therefrom; including, but not limited to, notice <br />and hearing. requirement. and any claim that the special assessments exceed benefit to the CUP. <br />14.2 NO ADDITIONAL WAIVER IMPLIED 13Y ONE WAIVER. In the event any <br />agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOPER and <br />thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so <br />waived and shall not be deemed to waive any other concurrent, previous or subsequent breach <br />hereunder. All waivers by the CITY must be in writing.. <br />1.4.3 NO REMEDY EXCLUSIVE. No re.medy.herein conferred upon or -reserved to <br />the CITY, the OWNER, or the: DEVELOPER. shall be exclusive -of any other available remedy or <br />remedies, but. each and every such remedy shall be cumulative and shall be in addition to .every <br />other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law <br />or in equity or.by statute. No delay or omission to exercise any right or power accruing upon any <br />default shall impair any such: right or power or shall be construed to be a waiver thereof; but any <br />such right and power may be exercised from time to time and as often as may be deemed expedient. <br />In order to entitle. a party to exercise any remedy available to it, it shall not be necessary to give <br />notice, other than the FORMAL NOTICE. <br />14.4 EMERGENCY. Notwithstanding the requirement contained: in Section .14.1. <br />hereofrelating to FORMAL NOTICE to theDEVELOPER in case -of a DEVELOPER DEFAULT' <br />and notwithstanding the requirement contained in Section 14.1. hereof relating to giving the <br />DEVELOPER a. sixty (60) day period to cure the DEVELOPER DEFAULT, in the event of an <br />emergency as determined by the CITY ENGINEER, resulting from the DEVELOPER DEFAULT, <br />the CITY may perform the work or improvement to be performed by the DEVELOPER without <br />giving any notice or FORMAL NOTICE to the DEVELOPER and without . giving the <br />DEVELOPER the sixty (60) day period to cure the DEVELOPER. DEFAULT. In such ease, the <br />DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY <br />for any and :all costs incurred by the CITY, In the alternative,the CITY may, in whole or in part, <br />specially assess the costs and expenses incurred by the CITY.; and the DEVELOPER and`OV NER. <br />hereby waive any and all procedural and substantive objections to the installation and. construction <br />of the work and improvements and the special assessments resulting therefrom, including; but not <br />limited to, notice and hearing. requirements and any claim that the special assessments: exceed <br />benefit to the CUP.. The DEVELOPER and OWNER hereby waive any appeal rights otherwise> <br />available pursuant to Minnesota" Statutes section 429.0.84 solely with respect to such work or <br />improvements.. <br />ARTICLE 15 <br />SECURITY DEPOSIT <br />