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<br />7 <br /> <br /> <br />compliance. <br /> <br />B. Third parties shall have no recourse against the City under this Contract. <br /> <br />C. Breach of the terms of this Contract by the Developer shall be grounds for denial <br />of building permits, including lots sold to third parties. <br /> <br />D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this <br />Contract is for any reason held invalid, such decision shall not affect the validity <br />of the remaining portion of this Contract. <br /> <br />E. Ifbuilding permits are issued prior to the completion and acceptance of public <br />improvements, the Developer assumes all liability and costs resulting in delays in <br />completion of public improvements and damage to public improvements caused <br />by the City, Developer, its contractors, subcontractors, materialmen, employees, <br />agents or third parties. No occupancy permit shall be issued until public <br />improvements in paragraph 6 are in and approved by the City. <br /> <br />F. The action or inaction of the City shall not constitute a waiver or amendment to <br />the provisions of this Contract. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City <br />Council. The City's failure to promptly take legal action to enforce this Contract <br />shall not be a waiver or release. <br /> <br />G. The Developer represents to the City to the best of its knowledge that the plat is <br />not of "metropolitan significance" and that an environmental impact statement is <br />not required. If the City or another governmental agency determines that such a <br />review is needed, however, the Developer shall prepare it in compliance with <br />legal requirements so issued from the agency. The Developer shall reimburse the <br />City for all expenses, including staff time and attorney's fees, that the City incurs <br />in assisting in the preparation of the review. <br /> <br />H. This Contract shall run with the land and may be recorded against the title to the <br />property. After the Developer has completed the work required of it under this <br />contract, at the Developer's request, the City will execute and deliver to the <br />Developer a release. <br /> <br />I. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or <br />hereafter arising, available to the City, at law or in equity, or under any other <br />agreement, and each and every right, power and remedy herein set forth or <br />otherwise so existing may be exercised from time to time as often and in such <br />order as may be deemed expedient by the City and shall not be a waiver of the <br />right to exercise at any time thereafter any other right, power or remedy. <br /> <br />J. The Developer may not assign this Contract without the written permission of the <br />