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11. Attorneys' Fees and Costs. Should either party commence and action against the <br />other to enforce any obligation contained within this Agreement, the prevailing party shall be entitled <br />to recover its reasonable attorneys' fees and costs from the non -prevailing party, whether or not such <br />action is pursued to judgment. <br />12. Miscellaneous. This Agreement shall be governed by the laws of the State of <br />Minnesota and may only be amended in writing. This Agreement may be executed in several <br />counterparts, each of which when executed is considered an original, but all of which together shall <br />constitute one instrument. <br />13. Incorporation of Recitals and Exhibit. The Recitals at the beginning of this <br />Agreement and the Exhibit attached to this Agreement are true and correct, and are incorporated into <br />and made part of this Agreement by reference. <br />[Signature pages follow] <br />4 <br />2281030 <br />