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152229v01 <br />SMM:06/07/2010 <br />13 <br />promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an <br />emergency as determined by the City, is first given notice of the work in default, not less than forty-eight <br />(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City <br />to seek a Court order for permission to enter the Land. When the City does any such work, the City may, in <br />addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by <br />the Developer or any successor in interest to the Developer. <br />29.MISCELLANEOUS. <br />A.The Developer represents to the City that the Plat complies with all city, county, <br />state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning <br />ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City <br />may, at its option, refuse to allow construction or development work on the Land until the Developer does <br />comply. Upon the City's demand, the Developer shall cease work until there is compliance. <br />B.Third parties shall have no recourse against the City or Developer under this <br />Contract. <br />C.Breach of the terms of this Contract by the Developer shall be grounds for denial of <br />building permits, including those for lots sold to third parties. <br />D.If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions <br />of this Contract. <br />E.Grading and one lift of asphalt shall be installed on all streets prior to issuance of <br />any building permits. <br />F.If building permits are issued prior to the completion of all Improvements, the <br />Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to <br />Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, <br />agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a <br />building for which a building permit is issued on either a temporary or permanent basis until the streets <br />224