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provided in state law for the adoption of development agree- <br /> ments, except as provided in Subsection 9. 3. <br /> 10. 2 PUD. City and Developer may by mutual agreement, <br /> amend or modify the PUD, including Conditions of Approval, <br /> without seeking an amendment of this Agreement. This Agree- <br /> ment shall incorporate all the terms and conditions of the <br /> PUD as so amended or modified. <br /> 11. ASSIGNABILITY. <br /> The right to develop the Property pursuant to this <br /> Agreement and the obligation to comply with conditions of <br /> the PUD shall run with the Property except as provided <br /> herein: <br /> (a) The obligations arising from the Master Subdi- <br /> vision Improvement Agreement, a draft of which is attached <br /> hereto as Exhibit 3, shall be personal to Developer and <br /> shall also run with any portion of the Property which is <br /> still owned by Developer at the time City enforces the <br /> obligation. <br /> (b) Developer may assign its obligations pursuant <br /> to subsection (a) only upon approval by the City. <br /> 12. GENERAL. <br /> 12. 1 Construction of Agreement. The language in all parts <br /> of this Agreement shall, in all cases, be construed as a <br /> whole and in accordance with its fair meaning. The captions <br /> 15. <br />