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plans unless such plans call for the construction of office, warehouse and manufacturing space <br />with 32 foot clear ceilings, constructed with substantially the same or comparable quality and <br />style of materials with which the Building was constructed and which does not adversely affect <br />the appearance, use or functionality of the Building. The Arbitrator will prepare a written <br />decision within thirty (30) calendar days after the hearing. The decision and the findings of the <br />Arbitrator will be final, conclusive and binding upon the parties, and judgment upon the award <br />and enforcement of any other decision granted by the Arbitrator may be entered or obtained in <br />any court of competent jurisdiction upon the application of any party. The Arbitrator may also <br />elect to award attorneys' fees to the prevailing party in the arbitration, which the non -prevailing <br />party agrees to pay. <br />ARTICLE 27 <br />CONSENT TO JURISDICTION <br />LANDLORD AND TENANT HEREBY SUBMIT TO EXCLUSIVE PERSONAL <br />JURISDICTION IN THE STATE OF MINNESOTA AND THE FEDERAL COURTS OF THE <br />UNITED STATES OF AMERICA LOCATED IN THE STATE OF MINNESOTA (AND ANY <br />APPELLATE COURTS TAKING APPEALS THEREFROM) WITH RESPECT TO ANY AND <br />ALL DISPUTES ARISING OUT OF OR RELATING TO THIS LEASE AND WAIVE ANY <br />AND ALL RIGHTS UNDER THE LAW TO OBJECT TO JURISDICTION WITHIN SUCH <br />STATE FOR THE PURPOSES OF SUCH ACTION, SUIT, PROCEEDING OR LITIGATION <br />WITH RESPECT TO SUCH DISPUTES. LANDLORD AND TENANT HEREBY WAIVE <br />AND AGREE NOT TO ASSERT, AS A DEFENSE IN ANY ACTION, SUIT OR <br />PROCEEDING ARISING OUT OF OR RELATING TO THIS LEASE THAT IT IS NOT <br />SUBJECT TO SUCH JURISDICTION OR THAT SUCH ACTION, SUIT OR PROCEEDING <br />MAY NOT BE BROUGHT OR IS NOT MAINTAINABLE IN THOSE COURTS OR THAT IT <br />IS EXEMPT OR IMMUNE FROM EXECUTION, THAT THE ACTION, SUIT OR <br />PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR THAT THE VENUE <br />OF THE ACTION,. SUIT OR PROCEEDING IS IMPROPER. IN THE EVENT ANY SUCH <br />ACTION, SUIT, PROCEEDING OR LITIGATION IS COMMENCED, LANDLORD AND <br />TENANT AGREE THAT SERVICE OF PROCESS MAYBE MADE, AND PERSONAL <br />JURISDICTION OVER SUCH LANDLORD AND TENANT OBTAINED, BY SERVICE OF <br />A COPY OF THE SUMMONS, COMPLAINT AND OTHER PLEADINGS REQUIRED TO <br />COMMENCE SUCH LITIGATION BY CERTIFIED MAIL, RETURN RECEIPT <br />REQUESTED UPON SUCH LANDLORD AND TENANT AT THE ADDRESS FOR NOTICE <br />TO SUCH PERSON IN THIS LEASE. <br />[SIGNATURE PAGE FOLLOWS] <br />47 <br />