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i. No Partnership. Nothing contained herein and no act by Buyer or Seller in <br />the performances of, or in any way related to, this Agreement should be construed to <br />create or evidence in any manner any employment, partnership, agency or joint venture <br />relationship between the parties hereto. Buyer and Seller represent and acknowledge that <br />it is their mutual intention that the sole relationship created between them by this <br />Agreement is that of vendor and purchaser. <br />j. Construction. All of the parties to this Agreement have participated freely <br />in the negotiations and preparation hereof. Accordingly, this Agreement should not be <br />construed more strictly against any one of the parties. <br />k. Waiver. Failure of either Buyer or Seller to exercise any right given <br />hereunder or to insist upon strict compliance with regard to any term, condition or <br />covenant specified herein, will not constitute a waiver of Buyer's or Seller's right to <br />exercise such right or to demand strict compliance with any term, condition or covenant <br />under this Agreement. <br />1. Choice of Law. This Agreement is governed by and construed in <br />accordance with the laws of the State of Minnesota. <br />[The remainder of this page is intentionally left blank.] <br />-17- <br />2707737v5 <br />11/18/10 <br />