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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 ajoint 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 Bindine. 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 />