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3.2 Headings. The headings to the Articles and Sections of this Agreement are <br />incorporated for convenience only and shall have no effect upon the construction or <br />interpretation of this Agreement. <br />3.3 Time. Time is of the essence in the performance of this Agreement and each and <br />all of its provisions. <br />3.4 Amendment or Modification. This Agreement and any of the rights, licenses <br />and easements created hereby may be terminated or amended by an instrument duly executed by <br />the EDA and Developer, provided that any amendment is duly recorded in the Ramsey County <br />real estate records. <br />3.5 Consents. Where any consent or approval is required pursuant to this Agreement, <br />such consent or approval shall not be unreasonably withheld or delayed, except where another <br />standard for granting such consent or approval is specified. <br />3.6 Law Applicable. This Agreement shall be governed by and construed under the <br />laws of the state of Minnesota. <br />3.7 Counterparts. This Agreement may be executed in counterparts, each of which <br />shall constitute an original and all of which together shall constitute one and the same <br />instrument. <br />[The remainder of this page has been left blank intentionally. <br />Signature pages follow.] <br />3 <br />- 1 4 - <br />