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9.8 Tenant's Liability. Notwithstanding anything to the contrary provided <br /> in this Lease, it is specifically understood and agreed, such agreement being a primary <br /> consideration for the execution of this Lease by Tenant, that (i) there shall be <br /> absolutely no personal liability on the part of Tenant, or its officers, directors, <br /> members, employees and agents, to Landlord with respect to any of the terms, <br /> covenants and conditions of this Lease, and(ii) Landlord shall look solely to <br /> recovering possession of the Development Property in the event of any breach by <br /> Tenant of any of the terms, covenants and conditions of this Lease to be performed by <br /> Tenant. <br /> ARTICLE 10 <br /> MISCELLANEOUS <br /> 10.1 Relationship. Nothing contained in this Lease shall create any <br /> relationship between the parties hereto other than that of lessor and lessee. Landlord <br /> and Tenant disclaim any intention to create a joint venture, partnership or agency <br /> relationship. <br /> 10.2 Number and Gender. The words "Landlord" and "Tenant" as used <br /> herein includes the plural as well as the singular. The use of specific gender includes <br /> any other gender as applicable. <br /> 10.3 Captions. The captions in this Lease are for convenience only and shall <br /> have 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 <br /> whole according to their common meaning, and not strictly for or against Landlord or <br /> 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 <br /> Landlord and Tenant and their respective successors and assigns and shall not be for <br /> the benefit of any third parties other than such successors and assigns. <br /> 10.8 Short Form. Landlord and Tenant agree upon request of the other to <br /> execute a 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 <br /> or circumstance is invalid or unenforceable, the remainder of this Lease or the <br />