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Rogers, Minnesota 55 <br /> Attention: <br /> If to Lender: <br /> Economic Development Authority of the City of Elk River <br /> 13065 Orono Parkway <br /> Elk River, Minnesota 55330 <br /> Attn: Director of Economic Development <br /> or addressed to any such party at such other address as such party shall hereafter furnish <br /> by notice to the other party. Any notice delivered personally to Borrower shall be <br /> delivered to an officer of Borrower, and any notice delivered personally to Lender shall <br /> be delivered to an officer of Lender at the address for Lender for the mailing of notices. <br /> Either party may change its address for the giving of notices by giving the other party at <br /> least ten (10) days notice in the manner provided above. <br /> 18. Headings. The headings used in this Agreement are for convenience only <br /> and do not define, limit or construe the contents of this Agreement. <br /> 19. Bindings on Successors and Assigns. Subject to the limitations on transfer <br /> contained in this Agreement, this Agreement shall be binding upon and inure to the <br /> benefit of the successors and assigns of the parties hereto. <br /> 20. Governing Law. This Agreement shall be governed by and construed in <br /> accordance with the laws of Minnesota, without giving effect to any choice or conflict of <br /> law provision or rule. <br /> 21. Counterparts. This Agreement may be executed in two (2) or more <br /> counterparts, each of which shall be an original and all of which shall constitute the same <br /> agreement. <br /> 22. Entire Agreement. This Agreement, the Note, the Mortgage and the other <br /> documents executed by Borrower and/or Lender pursuant to this Agreement contain the <br /> entire agreement between the parties with respect to the subject matter hereof and <br /> supersede all prior understandings and agreements, both oral and written. This <br /> Agreement may be amended only in a writing signed by the parties hereto. <br /> 23. Fees and Expenses. Borrower agrees to pay to Lender immediately upon <br /> demand all costs and expenses, including, without limitation, all attorneys fees, incurred <br /> by Lender in connection with the enforcement of the Lender's rights and/or the <br /> collection of any amounts which become due to Lender under this Agreement, the Note, <br /> the Mortgage or the other documents executed in connection herewith; and the <br /> prosecution or defense of any action in any way related to this Agreement, the Note, the <br /> Mortgage or the other documents executed in connection herewith. <br /> -12- <br />