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7.8 Trash Enclosure: The two detached trash enclosures must meet the requirements of Section 1010.11 (Trash Handling Equipment). 8.0 DEVELOPER DEFAULT: A default with regard to a conveyed parcel will not constitute a default with regard to the parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained or other conveyed parcels otherwise comply with applicable provisions of this Agreement. 8.1 For purposes of this Agreement, the failure of the DEVELOPER to perform any covenant, obligation or agreement of the DEVELOPER hereunder, and the continuance of such failure for a period of thirty (30) days after written notice thereof from the City (or such longer period of time as may reasonably be necessary to cure any such default, if such default is not reasonably curable within such thirty (30) day period) shall constitute a DEVELOPER default hereunder. Within the thirty (30) day period after notice is given, a request may made for a hearing (by either pariy) to be held before the City Council to determine if a default has occurred. Upon the occurrence of DEVELOPER default, the City may withhold any certificate of occupancy for improvements proposed to be constructed. 8.2 Notwithstanding anything herein to the contrary, the DEVELOPER may convey a parcel or parcels of land within the PUD to a third party, and the conveyed parcels shall remain subject to all of the terms of the PUD specifically relating to said parcels. In that case, the parties agree as follows: A. A default by the DEVELOPER, or its successors in interest, in the performance of the obligations hereunder, will not constitute a default with regard to the conveyed parcel and will not entitle the CITY to exercise any of its rights and remedies hereunder with respect to such conveyed parcel, so long as the owner of the conveyed parcel otherwise complies with applicable provisions of the PUD. B. A default with regard to a conveyed parcel will not constitute a default with regard to the parcels retained by the DEVELOPER or other conveyed parcels, so long as such retained or other conveyed parcels otherwise comply with applicable provisions of this Agreement. 9.0 MISCELLANEOUS 9.1 This Agreement shall be binding upon the parties, their heirs, successors, tenants, or assigns, as the case may be. 9.2 Breach of any material term of this Agreement by the DEVELOPER shall be ground for denial of building permits, except as otherwise provided in Section 10.0. 4