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<br />12 <br /> <br />33. Should a dispute or action proceed to court, arbitration or other legal action, and the <br />City prevails in said action, Owner shall reimburse the City for all costs incurred by the City in <br />defense or enforcement of this Agreement, or any portion thereof, including court or and <br />reasonable engineering and attorneys' fees. <br />MISCELLANEOUS <br /> <br />34. Owner shall have no claim against the City and its officers and employees for damages <br />sustained or costs incurred resulting from permit approval and Interim Use. <br />35. Any breach of the terms of this Agreement by the Owner shall be grounds for <br />suspension or revocation of the Interim Use Permit. <br />36. There is no intent to benefit any third parties, including but not limited to future <br />owners, occupants and users of the property, and third parties shall have no recourse against the <br />City under this Agreement. <br />37. This contract shall be governed and construed in accordance with the laws of the State <br />of Minnesota. All matters, whether sounding in tort or in contract, relating to the validity, <br />construction, performance, or enforcement of this Agreement shall be controlled in accordance <br />with Minnesota law, and the parties agree that all legal actions initiated by any party with respect <br />to or arising from any provision contained in this Agreement shall b e initiated, filed and venued <br />exclusively in the State of Minnesota, Ramsey County, District Court and shall not be removed <br />therefrom to any other state or Federal court. <br />38. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this <br />Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision <br />shall not affect or void any of the other provisions of the Interim Use Agreement.