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remedy or remedies, but each and every such remedy shall be <br />c emulative and consecutive and shall be in ry other <br />actd or now w oorvhereafter <br />remedy given under this Development Contr <br />(�xi.sti.ng at law or in equity or by statute. °n° a yladefaul y or omission <br />t(I exercise any right or power. accruing pwaier <br />impair any such right or power or shalmabee°exercisednstruetofrromatimevto <br />thereof: but any such right and power y b <br />time and as often as may be deemed expedient . , ordershall entitle <br />t <br />he <br />the City to exercise any remedy reserved to it, <br />necessary to give notice, other than the Formal Notice as required <br />under this Development Agreement. <br />14.4 EMERGENCY. Notwithstanding tNoticehe uto the Developer irement contained in in <br />Section 14.1 hereof relating to Formal <br />case of a Developer Default and notwithstanding the language <br />to cure <br />Section 14.1 giving the Developer y forty-eight <br />that) the Developer <br />Developer Defau.Lts, i <br />Default- has created an emergency v to erituo's woatin grkrwi hout�giiving <br />at.-tion, the City may perform the De p <br />,-.illy notice or Formal Notice to the Developer <br />and were out <br />giving the <br />Developer the forty-eight <br />hour period <br />uefault. In such case, the Developer shall, within the Cityrfor(any <br />flays after Formal Notice from the City, <br />and all casts incurred by the City. Isessthe <br />thealternative, <br />and expenses <br />Wray, in whole or in part, specially asheeb <br />incurred by the City against the PrjetheectioDevelopnsr to rthe <br />ti .s�o <br />waives any and all procedural anubsantiveobj <br />installation and construction of the work and improvvemen s but ot and <br />thed <br />special assessments resulting therefrom, including <br />1() notice and hearing requirements and any c �hP Dev loper that the he <br />assessments exceed benefit to the Project. <br />waives any appeal rights otherwise available pursuant to Minn. <br />5t.at . 429 .08' . <br />ARTICLE 15 <br />MISCELLANEdUS <br />15.1 CITY'S DUTIES. The terms of <br />shall not be considered an affirmative <br />r,011.pleLe any Developer Improvements. <br />Third parties shall <br />Development Contract. <br />15.2 NO W I RD PARTY RECOURSE - <br />recourse recourse against the City under. this <br />{Illy port i on, section, subsect i an, <br />Or I3hrasc. of this Development Contract <br />e1 fining portion of , such decision <br />Development <br />regaining p <br />this Development Contract <br />duty upon the City to <br />15.3 VALIDITY. If <br />ac-�ntc=once, c:l��use, ij<�ragr�t��h <br />is for any t-easOn held to <br />�,f fect the validity of th(-` <br />Ct)[1tra t . <br />15.4 <br />RECORDING. <br />shall <br />record the <br />Agreement <br />Fasoment <br />Agreement and <br />the <br />Parking <br />Easement <br />17 <br />have no. <br />Equitable <br />with the <br />