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ARTICLE 10 <br /> MISCELLANEOUS <br /> 10.1 Relationship. Nothing contained in this Lease shall create any relationship <br /> between the parties hereto other than that of lessor and lessee. Landlord and Tenant disclaim <br /> any intention to create a joint venture, partnership or agency relationship. <br /> 10.2 Number and Gender. The words "Landlord" and "Tenant" as used herein <br /> includes the plural as well as the singular. The use of specific gender includes any other <br /> gender as applicable. <br /> 10.3 Captions. The captions in this Lease are for convenience only and shall have <br /> no effect on the construction or interpretation of this Lease. <br /> 10.4 Time. Time is of the essence of this Lease and each of its provisions. <br /> 10.5 Construction. The provisions of this Lease shall be construed as a whole <br /> according to their common meaning, and not strictly for or against Landlord or Tenant. <br /> 10.6 Law. This Lease shall be governed by and construed under the laws of <br /> Minnesota. <br /> 10.7 Binding. This Lease is binding upon and inures to the benefit of Landlord and <br /> Tenant and their respective successors and assigns and shall not be for the benefit of any third <br /> parties other than such successors and assigns. <br /> 10.8 Short Form. Landlord and Tenant agree upon request of the other to execute a <br /> Short Form of this Lease suitable for recording. <br /> 10.9 Severability. If any term of this Lease or application of it to any person or <br /> circumstance is invalid or unenforceable,the remainder of this Lease or the application of it <br /> to other persons or circumstances shall not be affected, and each provision of this Lease shall <br /> be valid and enforceable to the extent permitted by law. <br /> 10.10 Counterparts. This Lease may be executed in several counterparts, each of <br /> which shall be an original and all of which shall constitute but one and the same instrument. <br /> 10.11 Interest Rate. Any interest due from one party to another hereunder shall be at <br /> the interest rate specified herein or the maximum rate permitted by applicable law, if less. <br /> -13- <br />