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<br /> <br />A. A default by the DEVELOPER, or its successors in interest, in the performance of <br />the obligations hereunder, will not constitute a default with regard to the conveyed <br />parcel and will not entitle the CITY to exercise any of its rights and remedies <br />hereunder with respect to such conveyed parcel, so long as such conveyed parcel <br />otherwise complies with applicable provisions of the PUD. <br /> <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 <br />assigns, as the case may be. <br /> <br />B. Breach of any material term of this Agreement by the DEVELOPER shall be <br />grounds for denial of building permits, except as otherwise provided in Section <br />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 <br />Agreement 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 <br />the DEVELOPER, their employees or agents, or mailed to the DEVELOPER by certified or <br />registered mail at the following address: <br /> <br />Brent Thompson <br />Stoney River Development Corporation <br />300 South Owasso Boulevard East <br />Saint Paul, Minnesota 55117 <br />