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2695614v62 <br />4412/2201/10 <br />9.5 Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which shall constitute one and the same instrument. <br />9.6 Law Governing. This Agreement will be governed and construed in <br />accordance with the laws of the State of Minnesota. <br />9.7 Covenants Personal. The rights and obligations of the HRA and the <br />Developer under this Agreement are personal to the HRA and the Developer and do <br />not run with title to the property on which the Project is located and are binding on <br />and do not inure to the benefit of the Developers successors in title to all or any <br />portion of said property. <br />9.8 Time is of the Essence. Developers timely performance of its <br />obligations under this Agreement is an essential term of this Agreement. <br />9.9 Enforceability. If any provision of this Agreement is adjudged to be <br />invalid or unenforceable by a court of competent jurisdiction, this Agreement <br />should be construed as if such invalid or unenforceable provision had not been <br />inserted herein and should not affect the validity or enforceability of the remainder <br />of this Agreement. <br />9.10 No Third Party Beneficiaries. Nothing in this Agreement, expressed <br />or implied, is intended to confirm any rights or remedies under or by reason of this <br />Agreement on any person other than the parties to it and their respective permitted <br />successors and assigns. <br />9.11 Business Days. If the date this Agreement establishes for a party's <br />performance of an obligation or delivery of a notice is not a Business Day, the date <br />for such performance or for the delivery of such notice is automatically extended to <br />the next Business Day. <br />9.12 Agreement to Pay Attorney's Fees and Expenses. Whenever a party <br />defaults in the performance of the party's obligations under this Agreement and one <br />or both of the other parties to this Agreement employs one or more attorneys to <br />advise and represent it in connection with such default or incurs other expenses in <br />connection with or as a result of the default, the defaulting party must, upon <br />demand therefore, reimburse the non - defaulting parties their reasonable fees of <br />such attorneys and such other reasonable expenses as the non - defaulting parties <br />may incur. <br />B -6 <br />