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Fra-Dor, Inc. <br />Aggregate Stockpiling and Recycling Interim Use Permit <br />Interim Use Agreement <br />Page 14 of 19 <br />a. if the Owner is delayed in the progress of correcting the default for reasons over which <br />the Owner has no control, including weather, acts of God or physical conditions, and <br />which the Owner could not have reasonably anticipated, then the time for correction of <br />the default shall be extended for such reasonable time as the City determines. <br />b. No extensions shall be granted unless a statement is made in writing to the City within <br />seven days of the commencement of any such delay. <br />c. If the Owner cannot abide by the City's time of completion of the correction of the <br />breach then in that event, the Owner agrees to pay a penalty of $100 per day for each day <br />that the correction is not completed. The Owner may have upon agreement with the City, <br />a seven day grace period before the penalties become due. The City may have the option <br />to suspend or revoke the Interim Use Permit. <br />40. 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 />41. This contract shall be governed and construed in accordance with the laws of the <br />State 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 be 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 />