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184949v1 <br />4. Miscellaneous. <br />A. Governing Law. This Declaration shall be governed in accordance with <br />the laws of the State of Minnesota. <br />B. Amendment and Waiver. This Declaration may not be modified, waived <br />or terminated except pursuant to an instrument in writing signed by the Declarant, their successors <br />or assigns, and the City, its successors or assigns. <br />C. Not a Public Dedication. Nothing herein contained shall be deemed to be <br />a gift or dedication of all or any portion of the Purchased Parcel to the general public or for any <br />public use or purpose. <br />D. Section Headings. The section headings in this Declaration are inserted for <br />convenience of reference only and shall not in any way affect the meaning or construction of the <br />Declaration. <br />E. Severability. If any term of this Declaration or any application thereof is <br />invalid or unenforceable, the remainder of the Declaration and any other application of such term <br />shall not be affected thereby. <br />F. Exhibits. All exhibits referred to herein and attached hereto shall be <br />deemed part of the Declaration. <br /> [SIGNATURE PAGE(S) ATTACHED] <br />