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2.3 Restoration. Upon completion of any work as to which a temporary license or right was enjoyed pursuant to the provisions of this Article 2, Developer shall promptly, at its own cost and expense, repair and /or restore the EDA Property and any facilities located thereon to the same or better condition as existed immediately before the license was exercised. 2.4. Liens. Developer shall not permit any mechanics', materialmen's or other liens to stand against the EDA Property or any part thereof for work or materials furnished to Developer in connection with the rights granted pursuant to this Agreement, and Developer agrees to indemnify, defend and hold harmless EDA from and against the same. ARTICLE 3 GENERAL PROVISIONS 3.1 Covenants to Run with Land. The EDA hereby declares that the EDA Property isiDeveloper and the EDA each hereby declare that the Developer Property and the EDA Property, respectively, are and shall be, held, transferred, sold, conveyed and occupied subject to the easements, restrictions and covenants of this Agreement. 3.2 Headings. The headings to the Articles and Sections of this Agreement are incorporated for convenience only and shall have no effect upon the construction or interpretation of this Agreement. 3.3 Time. Time is of the essence in the performance of this Agreement and each and all of its provisions. 3.4 Amendment or Modification. This Agreement and any of the rights, licenses and easements created hereby may be terminated or amended by an instrument duly executed by the EDA and Developer, provided that any amendment is duly recorded in the Ramsey County real estate records. 3.5 Consents. Where any consent or approval is required pursuant to this Agreement, such consent or approval shall not be unreasonably withheld or delayed, except where another standard for granting such consent or approval is specified. 3.6 Law Applicable. This Agreement shall be governed by and construed under the laws of the state of Minnesota. 3.7 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument. [The remainder of this page has been left blank intentionally. Signature pages follow.] 5- - 1 2 -