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I�. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. ]:. If building permits are issued prior to the completion and acceptance of public improvements, the DEVELOPER assumes all liability and costs resulting in delays in completion of public improvements caused by the CITY, DEVELOPER, its contractors, subcontractors, materialmen, employees, agents or third parties. No occupancy permit shall be issued until public improvements in Paragraph 7 are in and approved by the CITY. The action or inaction of the CITY shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The CITY's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. (� This Contract shall run with the land and may be recorded against the title to the property. After the DEVELOPER has completed the work required of it under this contract, at the LE�JELOPER'� request, the CITY will execute and deliver to the DEVELOPER a release. i I Each right, power or remedy herein conferred upon the CITY is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the CITY, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the CITY and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. The DEVELOPER may not assign this Contract without the written permission of the City Council. d, The CITY assumes no responsibility for the design, construction, maintenance, or longevity of DEVELOPER installed retaining walls. 20. Notices. Required notices to the DEVELOPER shall be in writing, and shall be either hand delivered to the DEVELOPER, its employees or agents, or mailed to the DEVELOPER by registered mail at the following address: Ron Anderson Construction 620 Main Street N. #410 Stillwater, Minnesota 55082 Notices to the CITY shall be either hand delivered or mailed to the CITY by registered mail in care of the City Engineer at the following address: Page 7 of 9