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3 allowed upon written notice to Licensor but without Licensor’s consent, Licensee shall not assign or transfer this Agreement, or the License created hereby, in whole or in part or permit any other party to use the Licensed Area under any arrangement, without the prior written consent of Licensor. 11. Default. Licensor may terminate this Agreement upon notice to Licensee if: (a) Licensee breaches Sections 1, 2, or 4 of this Agreement three (3) times (each time requiring notice from Licensor regarding such breach); (b) Licensee brings a claim against Licensor in violation of Section 9 of this Agreement; or (c) Licensee fails to perform any of its obligations set forth herein or breaches this Agreement and such failure or breach is not cured within thirty (30) days following written notice to Licensee thereof. If Licensee fails to cure the breach in Sections 1, 2, or 4 of this Agreement within 10 days, the continued breach will count as an additional breach. The failure to cure for an additional 10 days beyond the first 10 day period will also count as an additional breach. 12. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been properly given if sent by certified mail, postage prepaid, or sent by overnight express courier, or delivered by hand, in each case addressed to Licensor or Licensee at its addresses set forth below: If to Licensor: BETHEL UNIVERSITY Attn: Mark Posner 3900 Bethel Drive Arden Hills, MN 55112 If to Licensee: ARDEN HILLS RE, LLC Attn: James R. Kleinfeldt Manager 1110 N. Old World Third St. Suite 610 Milwaukee, WI 53203 13. Severability. Every covenant and agreement contained in this Agreement is separate and independent, and the breach of any thereof by the breaching party shall not discharge or relieve the breaching party from any obligation hereunder. If any term or provision of this Agreement or the application thereof to any person or circumstances shall at any time be invalid and unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances or at any time other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 14. Choice of Law; Venue. This Agreement shall be governed by the procedural and substantive laws of the State of Minnesota without giving effect to any choice of law principles which might provide for application of a different jurisdiction’s law. Any claim or action brought b y one of the parties