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demands, actions or other proceedings whatsoever by any person or entity in connection with <br /> this Amendment, <br /> 7. Breach. A breach of any material term of this Amendment shall constitute an <br /> Event of Default under the Agreement. <br /> 8. Miscellaneous. <br /> A. If any material portion,section, subsection,sentence,clause,paragraph, or <br /> phrase of this Amendment is for any reason held invalid as a result of a challenge brought by <br /> Developer,their agents or assigns,the City may,at its option,declare the entire Agreement null <br /> and void. <br /> B. The action or inaction of any party shall not constitute a waiver or <br /> amendment to the provisions of this Amendment. To be binding,amendments or waivers shall be <br /> in writing,signed by the parties,and approved by written resolution of the City Council.The <br /> City's failure to promptly take legal action to enforce any term of this Amendment shall not be a <br /> waiver or release. <br /> C. This Agreement shall be binding upon the parties,their heirs,successors, <br /> or assigns,as the case may be. <br /> D. Third parties shall have no recourse against the City under this Agreement. <br /> E. This Amendment may be executed in counterparts. Signatures may be <br /> transmitted via facsimile or in"PDF"format via e-mail. <br /> F. This Amendment shall be considered an integral part of the Agreement <br /> and shall be binding upon the City and Developer from the date first above written. <br /> 174253v4 4 <br />