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Agreement Between NMCC and CPI Page 5 <br /> 9. ARBITRATION: Any controversy between the Parties hereto <br /> involving the construction or application of any of the <br /> terms, covenants, or conditions of this Agreement will, on <br /> the written request of one Party served on the other, be <br /> submitted to arbitration. The arbitration will comply with <br /> and be governed by the provision of Minnesota arbitration <br /> rules in the Minnesota Code of Civil Procedure. <br /> The Parties will each appoint one person to hear and <br /> determine the dispute and if they are unable to agree, then <br /> the two persons so chosen will select a third impartial <br /> arbitrator whose decision will be final and conclusive on <br /> both parties. The cost of arbitration will be borne in such <br /> proportions as the arbitrators decide. <br /> 10 . ATTORNEY' S FEES: If any action at law or in equity, includ- <br /> ing any action for declaratory relief, is brought to enforce <br /> or interpret the provisions of this Agreement, the prevail- <br /> ing Party will be entitled to reasonable attorney' s fees, <br /> which may be set by the court in the same action or in a <br /> separate action brought for that purpose, in addition to any <br /> other relief to which the Party may be entitled. <br /> 11 . CONTROLLING LAW: The execution, validity, interpretation, <br /> and performance of this Agreement will be determined and <br /> governed by the laws of the State of Minnesota. <br /> 12 . SEPARABILITY: If any provision in this Agreement is <br /> rendered or declared illegal by existing or subsequently <br /> enacted legislation or by decree of a court of last resort, <br /> the Parties will meet promptly to substitute provisions for <br /> those rendered or declared illegal. <br /> 13. RECEIPT OF NOTICES : Any reports or notices permitted or <br /> required to be given hereunder shall be deemed to have been <br /> received if mailed postage prepaid and addressed as follows: <br /> If to Coalition: Joseph Strauss <br /> North Metro Crossing Coalition <br /> - 8525 Edinbrook Crossing <br /> Suite 1 <br /> Brooklyn Park, Minnesota 55443 <br /> (612) 493-5115 <br /> If to Corporation: Kenneth W. Butler <br /> Senior Principal <br /> CAPITAL PARTNERSHIPS INC. <br /> 2000 Piper Jaffray Tower <br /> 222 South Ninth Street <br /> Minneapolis, Minnesota 55402 <br /> (612) 336-9512 <br />