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6. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the <br />successors and assigns of the parties. <br />7. Each of the parties has authority to enter into this Minimum Assessment Agreement and to <br />take all actions required of it, and has taken all actions necessary to authorize the execution and delivery of <br />this Minimum Assessment Agreement. <br />8. In the event any provision of this Minimum Assessment Agreement shall be held invalid and <br />unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render <br />unenforceable any other provision hereof. <br />9. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, <br />or cause to be executed, acknowledged and delivered, such supplements, amendments and modifications <br />hereto, and such further instruments as may reasonably be required for correcting any inadequate, or <br />incorrect, or amended description of the Development Property or the Minimum Improvements or for <br />carrying out the expressed intention of this Minimum Assessment Agreement. <br />10. This Minimum Assessment Agreement may not be amended nor any of its terms modified <br />except by a writing authorized and executed by all parties hereto. <br />11. This Minimum Assessment Agreement may be simultaneously executed in several <br />counterparts, each of which shall be an original and all of which shall constitute but one and the same <br />instrument. <br />12. This Minimum Assessment Agreement shall be governed by and construed in accordance <br />with the laws of the State of Minnesota. <br />(The remainder of this page is intentionally left blank.) <br />E-2 <br />516911 v i JAE MU205-47 <br />