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(k) Nothing in this Section 4 is intended to limit or otherwise amend the other <br />terms of this Agreement. To the extent that provisions in this Section 4 are more <br />extensive or restrictive than any related term elsewhere in this Agreement, the provisions <br />hereof shall govern. The above commitment of the Company to operate the Project for at <br />least five years from the Benefit Date is a requirement of the Subsidy Law (subject to <br />procedures therein allowing relaxation or waiver of said requirement) and shall apply and <br />govern. <br /> <br /> Section 5. Miscellaneous. This Agreement is governed by the laws of the State of <br />Minnesota and may be executed in any number of counterparts, each of which shall constitute an <br />original hereof and all of which shall constitute one in the same instrument. In the event that any <br />provision hereof is declared invalid by a court of competent jurisdiction, the remainder hereof <br />shall remain in full force and effect as though said offending provision did not appear herein. <br /> <br />In Witness Whereof, the City and the Company have duly executed this Agreement. <br /> <br />CITY OF ELK RIVER, MINNESOTA <br /> <br />By <br /> Its Mayor <br /> <br />By <br /> <br />Its City Administrator <br /> <br />ELK PATH, LLC <br /> <br />By. <br />Its <br /> <br />1410047vl 4 <br /> <br /> <br />