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environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, <br />refuse to allow construction or development work on the Project until Developer does comply. Upon the <br />City's demand, Developer shall cease work until there is compliance. <br />B. Third parties shall have no recourse against the City or Developer under this Contract. <br />C. Breach of the terms of this Contract by Developer shall be grounds for denial of building <br />permits, including those for lots sold to third parties. <br />D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is <br />for any reason held invalid, such decision shall not affect the validity of the remaining portions of this <br />Contract. <br />E. Grading and one lift of asphalt shall be installed on the private street prior to issuance of any <br />building permits for homes accessing via said street. <br />F. If building permits are issued prior to the completion of all Improvements, Developer <br />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 suppliers, employees, <br />agents, or third parties. <br />G. In addition to the charges referred to in this Contract, other charges may be imposed such <br />as, but not limited to, building permit fees. <br />H. The action or inaction of the City shall not constitute a waiver or amendment to the provisions <br />of this Contract, including the Plans. Except as provided in Section 24 of this Contract, to be binding, <br />amendments or waivers to the provisions of this Contract shall be in writing, signed by the parries and <br />approved by written resolution of the City Council. The City's failure to promptly take legal action to <br />enforce this Contract shall not be a waiver or release. <br />16 <br />232402v15 <br />