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<br />229446v1 <br /> 29. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work <br />to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall <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 <br />City to seek a Court order for permission to enter the land. When the City does any such work, the City <br />may, in addition to its other remedies, assess the cost in whole or in part. <br /> 30. MISCELLANEOUS. <br />A. The Developer represents to the City that the plat complies with all city, county, metropolitan, <br />state, and federal laws and regulations, including but not limited to: subdivision ordinances, <br />zoning ordinances, and environmental regulations. If the City determines that the plat does <br />not comply, the City may, at its option, refuse to allow construction or development work in <br />the plat until the Developer does comply. Upon the City's demand, the Developer shall cease <br />work until there is compliance. <br />B. Third parties shall have no recourse against the City under this Contract. <br />C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building <br />permits, including 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 portion <br />of this Contract. <br />E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior <br />to issuance of any building permits, except six model homes on lots acceptable to the Building <br />Page 87 of 379