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construction of this Agreement and the legal relations between the undersigned parties and <br /> performance under it without regard to principals of conflicts of law. The language of this <br /> Agreement is and shall be deemed a result of negotiations among the parties and the respective <br /> legal council and shall not be strictly extrude for or against any party. Each party agrees that any <br /> action arising out of or in connection with this Agreement shall be brought solely in the courts of <br /> the State of Minnesota, Second Judicial District, or the United States District Court for the <br /> District of Minnesota. <br /> 10. EVENT OF DEFAULT. The occurrence of any of the following shall be <br /> considered an "event of default" and the terms and conditions contained in this Agreement: <br /> 1. Failure of the Developer to comply with any of the terms and conditions <br /> contained in this Agreement; and <br /> 2. Failure of the Developer to comply with any applicable ordinance or <br /> statute with respect to the development of the Property. <br /> 11. REMEDIES. Upon the occurrence of an event of default, the City, in addition to <br /> any other remedy which may be available to it, shall be permitted to do any of the following: <br /> 1. City may make advances or take other steps to cure the default, and, <br /> where necessary, enter the Property for that purpose. The Developer shall <br /> pay all sums so advanced, or expenses incurred by the City, upon demand, <br /> with interest from the dates of such advances or expenses at the rate of <br /> 10%per annum or the maximum amount permitted by law if less than <br /> 10%. If no action taken by the City pursuant to this section shall be <br /> deemed to relieve the Developer from curing any such defaults to the <br /> extent that it is not cured by the City or from any other default hereunder. <br /> The City shall not be obligated,by virtue of the existence or exercise of <br /> this right, to perform any such act or cure any such default. The <br /> Developer shall save, indemnify, and hold harmless, including reasonable <br /> attorney's fees, the City from liability or other damages which may be <br /> incurred as a result of the exercise of the City's rights pursuant to this <br /> section. <br /> 2. Obtain an order from a Court of Competent Jurisdiction requiring the <br /> Developer to specifically perform its obligations pursuant to the terms and <br /> provisions of this Agreement. <br /> 192101v7 <br />