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c. The CITY may refuse to grant building permits for improvements to be <br />constructed on any lots within the Plat until the PERMITTEE has cured all <br />of its defaults; and <br />d. The CITY may draw upon all or any portion of the financial guaranty the <br />PERMIIILL has provided to the CITY pursuant to Section 7 and (i) use <br />all or any portion of the proceeds from the financial guaranty to reimburse <br />the CITY pursuant to subsection (a) above; (ii) use all or any portion of the <br />proceeds from the financial guaranty to satisfy any judgment the CITY <br />obtains against the PERMITTEE pursuant to subsection (b) above; (iii) use <br />all or any portion of the proceeds to reimburse the CITY pursuant to Section <br />21 (j) below; and (iv) hold all or any portion of the proceeds for a reasonable <br />time for the future application as described in subsections (i), (ii) and (iii) <br />of this Section 20(d). <br />19. Miscellaneous. <br />a. Invalidity of Any Section. If any portion, section, subsection, sentence, <br />clause, paragraphs or phrase of this Contract is for any reason invalid, such <br />decision shall not affect the validity of the remaining portion of this <br />Contract. <br />b. Written Amendments Only. The action or inaction of the CITY or the <br />PERMITTEE shall not constitute a waiver or amendment to the provisions <br />of this Contract. To be binding, amendments or waivers shall be in writing, <br />signed by the parties and approved by a resolution of the CITY Council. <br />The CITY'S or the PERMITTEE'S failure to promptly take legal action <br />to enforce this Contract shall not be a waiver or release. <br />c. Compliancy with Laws and Regulations. The PERMITTEE represents to <br />the CITY that the Plat complies with all CITY, County, metropolitan, <br />State, and Federal laws and regulations, including but not limited to: <br />subdivision ordinances, zoning ordinances and environmental regulations. <br />If the CITY determines that the Plat does not comply, the CITY may, at its <br />option, refuse to allow any construction or development work in the Plat <br />until the PERIVIFI 1LL does comply. Upon the CITY'S demand shall <br />cease work until there is compliance. <br />d. Mailbox Locations. If the PER1VMf1 IEL desires to construct mailboxes <br />within the right of way, the PERMITTEE agrees that the placement of <br />mailboxes along public streets is subject to the approval by the CITY. <br />Utility locates will be necessary. <br />7 <br />4988262v4 <br />