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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 <br />all of its defaults; and <br />d. The CITY may draw upon all or any portion of the financial guaranty the <br />PERMITTEE has provided to the CITY pursuant to Section 6 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 <br />the proceeds from the financial guaranty to satisfy any judgment the CITY <br />obtains against the PERMITTEE pursuant to subsection (b) above; (iii) <br />use all or any portion of the proceeds to reimburse the CITY pursuant to <br />Section 19 (j) below; and (iv) hold all or any portion of the proceeds for a <br />reasonable time for the future application as described in subsections (i), <br />(ii) and (iii) of this Section 18(d). <br />12. Haul Route. Truck traffic hauling routes must be approved by the City Engineer. <br />13. Limits of Construction. The City Engineer shall approve the limits of construction. <br />14. Miscellaneous. <br />a. Invalidity of Any Section. If any portion, section, subsection, sentence, <br />clause, paragraph or phrase of this Agreement is for any reason invalid, <br />such decision shall not affect the validity of the remaining portion of this <br />Agreement. <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 <br />provisions of this Agreement. To be binding, amendments or waivers shall <br />be in writing, signed by the parties, and approved by a resolution of the <br />CITY Council. The CITY'S or the PERMITTEE'S failure to promptly <br />take legal action to enforce this Agreement shall not be a waiver or release. <br />c. Compliance 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 <br />its option, refuse to allow any construction or development work in the Plat <br />until the PERMITTEE does comply. Upon the CITY'S demand <br />PERMITTEE shall cease work until there is compliance. <br />4 <br />