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10. Developer's Default For purposes of this Agreement, the failure ofthe DEVELOPER to perfonn 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 party) to be held before the Roseville City Council to detennine 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. Notwithstanding anything herein to the contrary, the developer may convey a parcel or parcels of land within the PUD to a third party, which conveyed parcels shall remain subject to all of the tenns of the PUD specifically relating to said parcels. In that connection, the parties agree as follows: A. A default by the DEVELOPER, or its successors in interest, in the perfonnance 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 such 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. 11. Miscellaneous A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Breach of any material tenn of this Agreement by the DEVELOPER shall be grounds for denial of building pennits, except as otherwise provided in Section 10. C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Development Agreement is for any reason held invalid as a result of a challenge brought by the DEVELOPER, their agents or assigns, the balance of this Agreement shall nevertheless remain in full force and effect. D This Agreement shall run with the Subject Property and shall be recorded in the Ramsey County Recorder's Office by the CITY. E. This Agreement shall be liberally construed to protect the public interest. 7