Laserfiche WebLink
3. Seller's Rights and Obligations under the Master Development Agreement. <br />Except to the extent provided otherwise in Section 2 above, Seller shall have all rights and <br />obligations of the Developer under the Master Development Agreement with respect to the <br />Property. Without limiting the generality of the foregoing, Seller agrees as follows with respect <br />to thc Property: <br /> <br /> a. Any payments or obligations to the City arising under the Master <br />Development Agreement or any Secondary Development Agreement relating to the <br />Property are the sole responsibility of Seller, except to the extent Purchaser has expressly <br />assumed such payments or other obligations in writing, including, .without limitation, in <br />the Purchase Agreement. <br /> <br /> b. Seller agrees to mass grade all of the residential lots that Purchaser elects <br />to purchase in accordance with the mass grading plan Seller has submitted to the City. <br /> <br />This Section 3 is an agreement between Seller and Purchaser, and is not binding on the City. <br /> <br /> 4. City Consent. The City hereby consents to the conveyance of the Property from <br />Seller to Purchaser. <br /> <br /> 5. Purchase Agreement. The Purchase Agreement sets forth the rights and <br />obligations of Seller and Purchaser with respect to each other. In the event of any ambiguity or <br />contradiction between the terms of this Agreement and the Purchase Agreement, the terms of the <br />Purchase Agreement shall control. This Section 5 shall not be binding upon the City. <br /> <br />6. Miscellaneous Provisions. <br /> <br /> a. The terms, provisions, covenants, and agreements contained in this <br />Agreement shall apply to, be binding upon, and inure to the benefit of, the parties hereto <br />and their respective legal representatives, successors, and assigns. <br /> <br /> b. The paragraph headings used in this Agreement are for convenience <br />purposes only, and shall not be used in the interpretation of this Agreement. <br /> <br /> c. Failure of a party to insist in any one or more instances upon the <br />pedbrmance of any of the covenants, agreements, and/or conditions of this Agreement, or <br />to exercise any right or privilege herein conferred shall not be construed as a waiver of <br />any such covenant or condition. <br /> <br /> d. This Agreement cannot be varied except by written agreement executed by <br />Seller, Purchaser and the City. <br /> <br /> e. If any items, terms, or provisions contained in this Agreement are in <br />conflict with any applicable Federal, state, or local laws, this Agreement shall be affected <br />only as to its application to such items, terms, or provisions, and shall in all other respects <br />remain in full force and effect. <br /> <br />2408159v3 <br /> <br />121114795vl 820716 6/13/05 <br /> <br /> <br />