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DRAFT 4.5.2022 <br />42. Counterparts. This Agreement may be executed in any number of counterparts, each of which <br />shall constitute one and the same instrument. <br />43. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this <br />Agreement nor any act by the Authority or the Developer shall be deemed or construed by the <br />Developer or by any third person to create any relationship of third -party beneficiary, <br />principal and agent, limited or general partner, or joint venture between the Authority and the <br />Developer. <br />44. Modifications. This Agreement may only be modified through written amendments hereto <br />executed by both the Authority and the Developer. <br />45. Titles of Articles and Sections. Any titles of the several parts and sections of this <br />Agreement are inserted for convenience of reference only and shall be disregarded in <br />construing or interpreting any of its provisions. <br />46. Attorneys' Fees. Whenever any Event of Default occurs and if the Authority shall employ <br />attorneys or incur other expenses for the collection of payments due or to become due, or <br />for the enforcement of performance or observance of any obligation or agreement on the <br />part of the Developer under this Agreement, the Developer agrees that it shall, within ten <br />days of written demand by the Authority, pay to the Authority the reasonable fees of such <br />attorneys and such other expenses so incurred by the Authority. <br />47. Governing Law; Venue. This Agreement shall be construed in accordance with the laws <br />of the State of Minnesota. Any dispute arising from this Agreement shall be heard in the <br />State or federal courts of Minnesota, and all parties waive any objection to the jurisdiction <br />thereof, whether based on convenience or otherwise. <br />48. Additional Documents. The Authority and the Developer agree to cooperate with the other <br />and their representatives regarding any reasonable requests made subsequent to the <br />execution of this Agreement to correct any clerical errors in this Agreement and to provide <br />any and all additional documentation deemed necessary by either party to effectuate the <br />transaction contemplated by this Agreement. <br />[remainder of page left intentionally blank] <br />19 <br />DOCSOPEN\MU205\53\788760.v5-4/5/22 <br />