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C. Breach of the terms of this Contra t 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 deci ion shall not affect the validity of the <br /> remaining portions of this Contract. <br /> E. Crrading and one lift of asphalt hall be installed on all streets prior to <br /> issuance of any building permits. <br /> F. If building permits are issued prio to the completion of all Improvements, <br /> the Developer assumes all liability and costs resulting i delays in completion of Improvements <br /> and damage to Improvements caused by the City, D veloper, its contractors, subcontractors, <br /> material men, employees, agents, or third parties. No se er 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 b 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 bi ding, amendments or waivers shall be in <br /> writing, signed by the parties and approved by written r solution of the City CounciL The City's <br /> failure to promptly take legal action to enforce this Cont ct 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 succ ssors and assigns, that the Developer is <br /> well seized in fee title of the Land and/or has obtain consents to this Contract, in the form <br /> attached hereto, from all parties who have an interest i the Land; that there are no unrecorded <br /> 16 <br /> 169371v5 <br /> , i <br />