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9. Responsibility for Costs. <br /> (01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the <br /> City in conjunction with the development of the Subdivision, including but not limited to Soil and <br /> Water Conservation District charges, legal, planning, engineering and construction observation <br /> inspection expenses incurred in connection with approval and acceptance of the plat,the preparation <br /> of this Agreement, review of construction plans and documents, the payment of fines and penalties <br /> imposed on the city as a result of non-compliance with any permit or failure to obtain necessary <br /> permits, and all costs and expenses incurred by the City in monitoring and inspecting development of <br /> the Subdivision. <br /> (02) The Developer shall hold the City and its officers, employees, and agents harmless from <br /> claims made by itself and third parties for damages sustained or costs incurred resulting from plat <br /> approval of the Development. The Developer shall indemnify the City and its officers, employees, <br /> and agents for all costs, damages, or expenses which the City may pay or incur in consequence of <br /> such claims,including attorneys' fees. <br /> (03) The Developer shall reimburse the City for costs incurred in the enforcement of this <br /> Agreement,including engineering and attorneys' fees. <br /> (04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty <br /> is attached, all special assessments referred to in this Agreement. This is a personal obligation of the <br /> Developer and shall continue in full force and effect even if the Developer sells one or more lots,the <br /> entire plat, or any part of it. <br /> (05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred <br /> under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City <br /> may halt development and construction within the Subdivision until the bills are paid in full. Bills not <br /> paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. <br /> (06) In addition to the charges and special assessments referred to herein, other charges and <br /> special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), <br /> Municipal water connection charges, City sewer connection charges, and building permit fees. <br /> 10. General Provisions Binding Effect. The terms and provisions hereof shall be binding <br /> upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and <br /> shall be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants <br /> running with the land. References herein to Developer,if there be more than one, shall mean each and all of <br /> them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and <br /> encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the <br /> Developer. <br /> (01) Severable. In the event that any portion of this Agreement shall be held invalid for any <br /> reason, the same shall not affect in any respect whatsoever the validity of the remainder of this <br /> Agreement. <br /> (02) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision <br /> of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this <br /> Agreement. <br /> (03) Construction Times. All construction activities authorized by this agreement shall be <br /> confined to the following hours of operation: <br /> 7 <br />