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DRAFT NOT APPROVED <br />7 <br />MU205\52\637644.v5 <br />This Agreement shall be governed by and construed in accordance with the laws of the <br />state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be <br />heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any <br />objection to the jurisdiction of these courts, whether based on convenience or otherwise. <br />16. Additional Actions. <br />The parties hereto understand that additional and separate actions, for which no obligation <br />is created hereunder, will be required before either the EDA or Developer is obligated to take <br />various actions with respect to the Development. Those actions include, but are not limited to: <br />(a) Zoning, comprehensive plan, and subdivision approvals for any land use or <br />development proposed by Developer; and <br />(b) Review of any Tax Increment Financing arrangement, or other business <br />subsidy, as required by law. <br />17. Incorporation. <br />The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this <br />Agreement are incorporated into this Agreement as if fully set forth herein. <br />[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] <br /> <br />