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Site ID: MS73XC631 <br />Lease ID: MS73XC631-A-001 <br />Lessor ID: Silver Lake Road, New Brighton, MN – Water Tank <br />Page 3 of 5 <br /> <br /> <br />5. Miscellaneous <br /> <br />a) Severability. If any term of this Agreement is found to be void or invalid, the <br />remaining terms of this Agreement shall continue in full force and effect. Any <br />questions of particular interpretation shall be interpreted as to their fair meaning. <br /> <br />b) Merger and Amendment. This Agreement constitutes the entire agreement and <br />understanding of the parties, and supersedes all offers, negotiations and other <br />agreements with respect to the subject matter and Property. Any amendments to this <br />Agreement must be in writing and executed by both parties. <br /> <br />c) Authorization. Each party hereby represents and warrants to the other that this <br />Agreement has been duly authorized, executed and delivered by it, and that no <br />consent or approval is required by any lender or other person or entity in connection <br />with the execution or performance of this Agreement. <br /> <br />d) Counterparts. This Agreement may be executed in any number of counterparts, each <br />of which shall be deemed an original, but all of which together shall constitute a <br />single instrument. Signed facsimile and electronic copies of this Agreement shall <br />legally bind the Parties to the same extent as original documents. <br /> <br />e) Confidentiality. The Parties shall not publicize or disclose to any person any term of <br />this Agreement. <br /> <br /> <br /> <br /> <br />[SIGNATURES ON THE FOLLOWING PAGE] <br />