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<br />B. A default with regard to a conveyed parcel will not constitute a default with regard to <br />the parcels retained by the DEVELOPER or other conveyed parcels, so long as such <br />retained or other conveyed parcels otherwise comply with applicable provisions of <br />this Agreement. <br /> <br />11. Miscellaneous <br /> <br />A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, <br />as the case may be. <br /> <br />B. Breach of any material term of this Agreement by the DEVELOPER shall be grounds <br />for denial of building permits, except as otherwise provided in Section 10. <br /> <br />C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this <br />Development Agreement is for any reason held invalid as a result of a challenge <br />brought by the DEVELOPER, their agents or assigns, the balance of this Agreement <br />shall nevertheless remain in full force and effect. <br /> <br />D This Agreement shall run with the Subject Property and shall be recorded in the <br />Ramsey County Recorder's Office by the CITY. <br /> <br />E. This Agreement shall be liberally construed to protect the public interest. <br /> <br />12. Notices <br /> <br />Required notices to the DEVELOPER shall be in writing and shall be either hand delivered to the <br />DEVELOPER, their employees or agents, or mailed to the DEVELOPER by certified or registered mail <br />at the following address: <br /> <br />Gary E. Buroker, President <br />Speedway SuperAmerica LLC <br />500 Speedway Drive <br />Enon, OH 45323 <br /> <br />Notices to the CITY shall be in writing and shall be either hand delivered to the Community <br />Development Director, or mailed by certified or registered mail, in care of the Community <br />Development Director at the following address: <br /> <br />Community Development Director <br />2660 Civic Center Drive <br />Roseville, MN 55113 <br /> <br />8 <br />