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<br />- <br /> <br />TRANSFER OF PARTICIPATIONS; CONFIDENTIALITY <br /> <br />a. The Participant hereby agrees not to sell, transfer or subwparticipate <br />its Participations. <br /> <br />b. The Participant hereby agrees to preserve the confidentiality of all <br />nonpublic information relating to the Borrower received by the Participant from the <br />Originator to the extent permitted by the Minnesota Data Practices Act. <br /> <br />X. <br />NOTICES <br /> <br />Any notice under Paragraph III hereof shall be by telefacsimile, or by <br />telephone and promptly confirmed by telefacsimile. Any other notice hereunder <br />shall be in writing or by telefacsimile. Except as otherwise provided in this <br />Agreement, any notice hereunder shall be effective on the date on which manually <br />delivered to an officer of the party to whom the notice is addressed or three days <br />after being deposited in the United States mail in a properly addressed and stamped <br />envelope, certified or, registered postage prepaid, or in the case of telefacsimiled <br />notice, when sent, answerback received, addressed to the address shown on the <br />signature pages hereof, or such other address as a party may designate to the other <br />party by like notice. <br /> <br />XI. <br />THE ORIGINATOR'S RIGHT TO <br />MAKE OTHER LOANS TO THE BORROWER <br /> <br />The Originator and its affiliates reserve the right to accept deposits <br />from, make other or additional loans or otherwise extend credit to, and generally to <br />engage in any kind of banking business with, or act as financial advisor to or <br />placement agent for any debt or equity securities of, the Borrower or any guarantor. <br />The Participanfs security for Equipment Loan I shall be only a first priority security <br />interest in the equipment purchased by the Borrower in connection with the project <br />described on Exhibit A to this Agreement. The Participant shaH not have any <br />interest, by reason of its Participations hereunder, in any other property taken as <br />security for, nor any payment received on account of, any credit, loan or other <br />financial accommodation made by the Originator to the Borrower, or in any other <br />property now or hereafter in the Originator's possession or control that may be or <br />become security for Equipment Note I by reason of the general description contained <br />in any general security agreement, general loan agreement or the like held by the <br />Originator. The Participant agrees to execute and deliver such further releases and <br />confirmations as the Originator may reasonably request to give effect to the terms of <br />this Paragraph. <br /> <br />-8- <br />