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this Contract. <br />B. Third parties shall have no recourse against the City or Developer under <br />C. Breach of the terms of this Contract by the Developer shall be grounds for <br />denial of building permits, including those for lots sold to third parties. <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of <br />this Contract is for any reason held invalid, such decision shall not affect the validity of the <br />remaining portions of this Contract. <br />E. Grading and one lift of asphalt shall be installed on all streets prior to <br />issuance of any building permits. <br />F. If building permits are issued prior to the completion of all Improvements, <br />the Developer assumes all liability and costs resulting in delays in completion of Improvements <br />and damage to Improvements caused by the City, Developer, its contractors, subcontractors, <br />material men, employees, agents, or third parties. No sewer and water connection permits may be <br />issued and no one may occupy a building for which a building permit is issued on either a <br />temporary or permanent basis until the streets needed for access have been paved with at least one <br />lift of bituminous surface and the utilities are accepted by the City Engineer in writing. <br />G. The action or inaction of the City shall not constitute a waiver or <br />amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in <br />writing, signed by the parties and approved by written resolution of the City Council. The City's <br />failure to promptly take legal action to enforce this Contract shall not be a waiver or release. <br />H. This Contract shall run with the Land and may be recorded against the <br />Land. The Developer covenants with the City, its successors and assigns, that the Developer is <br />well seized in fee title of the Land and/or has obtained consents to this Contract, in the form <br />15 <br />Southways V3 <br />