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the rights, duties, obligations and responsibilities of the Assignor, agrees to operate the <br />Project as a light industrial facility. <br />8. Assignee Default: In the event the Assignee defaults under the terms and <br />obligations of the Development Agreement, as amended, assigned hereunder and does <br />not cure the default in accordance with the terms of the Development Agreement, the <br />Assignee acknowledges the City has the right to pursue any remedies against the <br />Assignee and the Guarantors as provided in the Development Agreement without any <br />notice to and without seeking any remedy from the Assignor. <br />9. Governing Law: It is agreed that this Assignment shall be governed by, <br />construed and enforced in accordance with the laws of the State of Minnesota. <br />10. Attorneys Fees: In any action brought by the City of Hugo to enforce the terms <br />of this Assignment, the City shall be entitled to recover the reasonable attorney's fees, <br />costs and disbursements incurred by it. <br />11. Effect of Agreement: This Agreement is intended to effect the assignment of <br />the Development Agreement, as amended, to 4L, LLC. Nothing set forth herein is <br />intended to expand the terms of the Development Agreement. In the event of any conflict <br />between this Agreement and the Development Agreement, the Development Agreement <br />shall control. <br />12. Partial Invalidity: The invalidity of any portion of this Assignment will not and <br />shall not be deemed to affect the validity of any other provision. In the event that any <br />provision of this Assignment is held to be invalid, the parties agree that the remaining <br />provisions shall be deemed to be in full force and effect as if they had been executed by <br />both parties subsequent to the expungement of the invalid provision. <br />13. Entirety of Agreement: This Assignment shall constitute the entire agreement <br />between the parties and any prior understanding or representation of any kind preceding <br />the date of this Assignment shall not be binding upon either party except to the extent <br />incorporated in this Agreement. <br />14. Modification: Any modification of this Agreement or additional obligation <br />assumed by either party in connection with this Assignment shall be binding only if <br />placed in writing and signed by each party or an authorized representative of each party. <br />15. Paragraph Headings: The titles to the paragraphs of this Agreement are solely <br />for the convenience of the parties and shall not be used to explain, modify, simplify, or <br />aid in the interpretation of the provisions of this Agreement. <br />16. Execution in Counterparts: This Agreement may be executed, acknowledged <br />and delivered in any number of counterparts and each of such counterparts shall <br />constitute an original but all of which together.shall constitute one agreement. <br />2122621x3 4 <br />