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13 <br />229031v2 <br />(12) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and in <br />addition to every other right, power or remedy, express or implied, now or hereafter arising, available <br />to City, at law or in equity, or under any other agreement, and each and every right, power and remedy <br />herein set forth or otherwise so existing may be exercised from time to time as often and in such order <br />as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time <br />thereafter any other right, power or remedy. <br />(13) Assignment. The Developer may not assign this Agreement without the written permission <br />of the City Council. The Developer’s obligation hereunder shall continue in full force and effect even <br />if the Developer sells one or more lots, the entire plat, or any part of it. <br />19. Notices. All notices and demands specified herein shall be deemed appropriately and timely <br />given when delivered personally or deposited in the United States mail to the addresses hereinafter set <br />forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until <br />changed by written notice given as above: <br />If to the City at: City of Elk River <br />Attn: City Administrator <br />13065 Orono Parkway <br />Elk River, Minnesota 55330 <br />If to the Developer at: U.S. Homes, LLC <br />Attn: Joseph Jablonski <br />16305 36th Avenue N, Suite 600 <br />Plymouth, MN 55446 <br />[Remainder of page intentionally left blank] <br />[Signature pages to follow] <br />Page 167 of 211