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ACKNOWLEDGEMENT <br />The undersigned, hereby acknowledges that pursuant to Minn. Stat. § 549.21(1), costs, <br />disbursements, and reasonable attorney fees and witness fees may be awarded to the opposing <br />party or parties in this litigation if the Court should find that the undersigned acted in bad faith, <br />asserted a claim or defense that is frivolous and that is costly to the other party, asserted an <br />unfounded position solely to delay the course of the proceedings; or committed fraud upon the <br />Court. <br />Dated: February 20, 2012 <br />MOHRMAN & KAARDAL, P.A. <br />24 <br />Erick G. Kaardal, Attorney No. 229647 <br />33 South Sixth Street, Suite 4100 <br />Minneapolis, Minnesota 55402 <br />Telephone: (612) 341 -1074 <br />Attorneys for Defendant and Third Party <br />Plaintiff Keith Kiefer <br />