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3216116.v2 <br />3. Partial Release. Effective upon recording this Release, the Easement shall be and <br />is hereby partially released and vacated solely as to the Vacated Easement Area and the Vacated <br />Easement Area shall be and hereby is released from the lien and encumbrance of the Easement. <br />4. Exhibit A and Exhibit B. Exhibit A and Exhibit B to the Easement containing the <br />legal description and depiction of the Easement Premises, respectively, shall be and are hereby <br />amended to eliminate the legal description and depiction of the Vacated Easement Area. <br />5. Reaffirmation. Except as expressly provided herein, all terms and conditions of <br />the Easement shall remain in full force and effect and all the terms, conditions, provisions, <br />agreements, requirements, promises, obligations, duties, covenants and representations in the <br />Easement, as amended hereby, are hereby ratified and reaffirmed in all respects. Any conflict <br />between the terms and conditions of this Release and the terms and conditions of the Easement <br />shall be resolved in favor of this Release. <br />6. Applicability and Binding Effect. This Release is effective upon recording in the <br />applicable Hennepin County recording office and shall be binding upon and inure to the benefit <br />of the parties hereto and their respective successors and assigns. <br />7. Severability; Controlling Law. The provisions of this Release shall be severable, <br />and in the event any provision hereof is declared unenforceable by a court of competent <br />jurisdiction, the remaining provisions shall remain in full force and effect. This Release shall be <br />interpreted, controlled, governed and construed in all respects by the laws of the State of <br />Minnesota. <br />8. Integration of Agreement. This Release and the Easement constitute the full and <br />complete understanding and agreement of the parties with respect to the matters contained <br />herein, and supersedes any prior understanding or agreement between the parties relating thereto. <br />9. Counterparts. This Release may be executed in several counterparts, each of <br />which will be deemed than original, but all of which will constitute one and the same agreement. <br />[Signature pages follow]