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<br />3 <br /> <br />If Licensee fails to cure the breach in Sections 1 or 2 of this Agreement within 10 days, the <br />continued breach will count as an additional breach. The failure to cure for an additional 10 days beyond <br />the first 10 day period will also count as an additional breach. <br />12. Notices. All notices, demands, requests, consents, approvals and other instruments <br />required or permitted to be given pursuant to the terms of this Agreement shall be in writing and shall be <br />deemed to have been properly given if sent by certified mail, postage prepaid, or sent by overnight express <br />courier, or delivered by hand, in each case addressed to Licensor or Licensee at its addresses set forth below: <br /> <br /> <br /> If to Licensor: BETHEL UNIVERSITY <br /> Attn: Mark Posner <br /> 3900 Bethel Drive <br /> Arden Hills, MN 55112 <br /> <br /> <br /> <br />If to Licensee: THE BOLDT COMPANY <br />Attn: Alex Brewer <br />Development Manager <br />1110 N. Old World Third St. <br />Suite 610 <br />Milwaukee, WI 53203 <br /> <br /> <br /> <br /> 13. Severability. Every covenant and agreement contained in this Agreement is separate and <br />independent, and the breach of any thereof by Licensor shall not discharge or relieve Licensee from any <br />obligation hereunder. If any term or provision of this Agreement or the application thereof to any person <br />or circumstances shall at any time be invalid and unenforceable, the remainder of this Agreement, or the <br />application of such term or provision to persons or circumstances or at any time other than those to which <br />it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this <br />Agreement shall be valid and shall be enforced to the extent permitted by law. <br /> <br />14. Choice of Law; Venue. This Agreement shall be governed by the procedural and <br />substantive laws of the State of Minnesota without giving effect to any choice of law principles which might <br />provide for application of a different jurisdiction’s law. Any claim or action brought by one of the parties <br />hereto in connection with this Agreement shall be brought in Minnesota District Court located in Ramsey <br />County, Minnesota, and Licensee expressly agrees to be subject to the personal jurisdiction of said court as <br />a material term of this Agreement. <br />15. No Assignment. This Agreement shall be binding on the parties hereto and their respective <br />successors. Neither party may, or shall have the power to, assign this Agreement, and/or any rights and/or <br />obligations hereunder without the written consent of the other party. <br />16. Waiver. At no time shall any failure or delay by either party in enforcing any provisions, <br />exercising any right or option, or requiring performance of any provisions, be construed to be a waiver of <br />same. A waiver by either of the parties of any of the covenants to be performed by the other or any breach