5.0. 6.0. 7.0. 8.0. 9.0. 10.0. EDSR 09-21-1998

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federal, state and local equal employment and non-discrimination laws and regulations. Section X.3 Restrictions on Use. The agrees,Developer for itself and its P successors and assigns, and every successor in interest to the Development Property or any part thereof, that the Developer, and such successors and assigns, shall, until the date on which the Authority has been fully reimbursed from Tax Increment for the Market Value of the Development Property, devote the Development Property to, and only to and in accordance with, the uses specified in the Development Program and this Agreement. Section X.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section X.5 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Developer, is addressed to or delivered personally to the Developer at and (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 13065 Orono Parkway, Elk River, Minnesota 55330, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section X.6 Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the Authority or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the Authority and the Developer or any third p arty. Section X.7 Modifications. This Agreement may be modified solely through written amendments hereto executed by the Developer and the Authority. Section X.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section X.9 Judicial Interpretation. Should any provision of this Agreement require judicial interpretation, the court interpreting or construing the same shall 18 BeckP 548540.1