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(c) Either party may, at its sole cost and expense, take such actions as the <br />party deems necessary to maintain, repair and/or reconstruct or cause to be maintained, <br />repaired and/or reconstructed the Footings serving its Building.. <br /> <br />(d) Any repairing or reconstruction of the Wall Cap shall be on the same <br />location and of substantially the same size as Wall Cap being repaired replaced and of the <br />same or similar material, of the same quality or better, as that used in the original Wall <br />Cap or portion thereof. <br /> <br />(e) Notwithstanding subsection (a) above, if all or any portion of the Wall Cap <br />is destroyed or damaged by fire or other cause that also damages one but not both of the <br />Buildings, the owner of the damaged Building shall restore the affected Wall Cap at <br />its sole cost and expense. <br /> <br />(f) Notwithstanding anything in the foregoing to the contrary, in the event all <br />or any portion of the Wall Cap is damaged or destroyed by the default, negligence or <br />intentional misconduct of one of the parties hereto or its agents, tenants, contractors, <br />employees or invitees, such party shall, at its sole cost and expense, rebuild or repair the <br />Wall Cap or portion thereof so that the Wall Cap after restoration shall be in substantially <br />the same condition which existed prior to such damage or destruction. <br /> <br />2. In the event that any controversy arises between the parties hereto with respect to <br />the necessity for or cost of maintenance, repairs and/or reconstruction or with respect to any other <br />rights or liabilities of the parties to this Agreement, the prevailing party shall be entitled to be <br />reimbursed by the non-prevailing party for the reasonable attorneys’ fees incurred by the <br />prevailing party. <br /> <br />3. This Agreement shall be governed by and subject to the Laws of the State of <br />. Proceeding <br />MinnesotaAny action, litigation or suit (a “”) arising out of or relating to this <br />Agreement may be brought in the courts of Anoka County in the State of Minnesota, or, if it has <br />or can acquire jurisdiction, in the United States District Court for the District of Minnesota, and <br />each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any <br />such Proceeding, waives any objection it may now or hereafter have to venue or to convenience <br />of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only <br />in any such court and agrees not to bring any Proceeding arising out of or relating to this <br />Agreement in any other court. <br /> <br />4. This Agreement shall be recorded with the Registrar of Titles of Anoka <br />County, Minnesota. <br /> <br />5. All notices, elections, requests and other communication hereunder shall be in <br />writing and shall be deemed given; (i) when personally delivered, or (ii) the next business day <br />after being deposited with a recognized overnight mail or courier delivery service, addressed as <br />follows (or to such other person or at such other address, of which any party hereto shall <br />have given written notice as provided herein). <br /> <br />If to F&C: F&C Ramsey Apartments, LLC <br />c/o Flaherty & Collins Properties <br />c/o Cushman & Wakefield/NorthMarq <br /> <br />27 <br />6983739v2 <br /> <br />