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Heritage Office Park PUD Agreement 8. Any breach of the terms of this Agreement by the Developer shall be grounds for denial of the issuance of any building permit. 9. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this Contract. 10. The Developer shall reimburse the City for all costs incurred by the City in defense or enforcement of this Contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 11. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the PUD Agreement. 12. The action or inaction of City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. 13. This agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. All terms and conditions contained herein shall run with the land and shall bind the Developer, its successors and assigns. 14. Required notices to Developer shall be in writing and shall be either hand delivered or mailed by certified mailto the following address: Heritage Office Park Association c/o Ken Olsen 418 County Road D East Little Canada, MN 55117 15. Required notices to the City shall be in writing and shall be either hand delivered or mailed by certified mail, in care of the city administrator, to the following address: City of Little Canada 515 Little Canada Road East Little Canada, MN 55117 4