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3.3 Binding Effect of Agreement. This Agreement shall run with the land included <br />within the Development and shall inure to the benefit of and be binding upon the <br />successors and assigns of the parties hereto. <br />3.4 Assignment, Delegation and Notice. This Agreement, or any part of this <br />Agreement, may not be assigned by the Developer to any other party without the prior <br />written approval of the City, which approval shall not be unreasonably withheld, <br />conditioned or delayed. Developer shall provide to the City for approval written notice of <br />any proposed assignment of any obligations under this Agreement to any successor, as <br />well as arrangements, if any, for delegation of the improvement obligations hereunder. <br />Developer and any successor shall, until written City approval of the proposed <br />assignment and delegation of obligations, be jointly and severally liable for the obligations <br />of Developer under this Agreement; following such approval, Developer shall be released <br />from such obligations from and after the date of such approval, but such approval shall <br />not release any previously accrued liabilities unless expressly agreed by the City. The <br />City may require as part of any such approval that the successor execute its consent to <br />be bound by specified terms and conditions hereof and/or of applicable provisions of the <br />Plan and other applicable documents. <br />3.5 Modification and Waiver. No modification of the terms of this Agreement shall <br />be valid unless in writing and executed with the same formality as this Agreement, and <br />no waiver of the breach of the provisions of any section of this Agreement shall be <br />construed as a waiver of any subsequent breach of the same section or any other sections <br />which are contained herein. <br />3.6 Addresses for Notice. Any notice or communication required or permitted <br />hereunder shall be given in writing and shall be personally delivered, or sent by United <br />States mail, postage prepaid, registered or certified mail, return receipt requested, <br />addressed as follows: <br />KICKBUSH DOM <br />Mailing Address: 9942 GROVE PL <br />City: WESTMINSTER CO <br />CITY: <br />City of Louisville <br />City Manager <br />749 Main Street <br />Louisville, CO 80027 <br />With a copy to: <br />Kelly, P.C. <br />City Attorney <br />9 <br />DEVELOPER: <br />Dom Kickbush <br />9942 Grove Place <br />Westminster, CO 80031 <br />