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E. 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 and <br />damage to Improvements caused by the City, Developer, its contractors, subcontractors, material <br />men, employees, agents, or third parties. No one may occupy a building for which a building permit <br />is issued on either a temporary or permanent basis until the streets needed for access have been <br />paved with at least one lift of bituminous surface and the utilities are accepted by the City Engineer <br />in writing. Notwithstanding the foregoing, the City may issue one building permit for a principal <br />structure for either Lot 1 or Lot 7, Block 1. A Certificate of Occupancy for that lot will not be <br />granted until the street within the development has been paved with at least one lift of bituminous <br />surface, the utilities are accepted by the City Engineer in writing, and all drives off of Brown <br />Road have been removed. <br />F. The action or inaction of the City shall not constitute a waiver or amendment <br />to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed <br />by the parties and approved by written resolution of the City Council. The City's failure to promptly <br />take legal action to enforce this Contract shall not be a waiver or release. <br />G. This Contract shall run with the Land and may be recorded against the Land. <br />The Developer covenants with the City, its successors and assigns, that the Developer is well seized <br />in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, <br />from all parties who have an interest in the Land; that there are no unrecorded interests in the Land; <br />and that the Developer will indemnify and hold the City harmless for any breach of the foregoing <br />covenants. <br />H. Each right, power or remedy herein conferred upon the City is cumulative <br />and in addition to every other right, power or remedy, express or implied, now or hereafter arising, <br />14 <br />202141v4 <br />