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Sent by: DRB MINNEAPOLIS 6123405584; 05/07/98 13:04; Jew #801 ;Page 34/39 <br /> • ARTICLE IV <br /> Miscellaneous <br /> scellaneous <br /> Section 4.1. provisions of_Agreement Not Affected. With the exception of the provisions <br /> of the Contract relative to the Developer's employment and wage requirements, this Agreement is <br /> not intended to modify or limit in any way the terms of the Contract. <br /> Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and <br /> Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in <br /> construing or interpreting any of its provisions. <br /> Section 4.3. Modification. This Agreement may be modified solely through written <br /> amendments hereto executed by the Developer and the Authority. <br /> Section 4.4. Counterparts. This Agreement may be executed in any number of counterparts, <br /> each of which shall Constitute one and the same instrument. <br /> Section 4.5. Judicial interpretation. Should any provision of this Agreement require judicial <br /> interpretation, the court interpreting or construing the same shall not apply a presumption that the <br /> terms hereof shall be more strictly construed against one party by reason of the rule of construction <br /> that a document is to be construed more strictly against the party who itself or through its agent or <br /> attorney prepared the same, it being agreed that the agents and attorneys of both parties have <br /> participated in the preparation hereof. <br /> IN WITNESS WHEREOF,the Authority has caused this Agreement to be duly executed <br /> in its name and behalf; and the Developer has caused this Agreement to be duly executed in its name <br /> and behalf, on or as of the date first above written. <br /> ECONOMIC DEVELOPMENT <br /> AUTHORITY IN AND FOR THE CITY <br /> OF ELK RIVER <br /> By <br /> Henry A. Duitsman,President <br /> By <br /> Patrick Dwyer, Vice President <br /> • <br /> BeckP 548664.2 C-5 <br />