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be obligated so to do, and without notice to or demand upon TENANT and without waiving or <br />releasing TENANT from any obligations of TENANT in this Lease contained, pay any such cost <br />or expense, effect any such insurance coverage and pay premiums therefore, and may make any <br />other payment or perform any other act on the part of TENANT to be made and performed as in <br />this Lease provided, in such manner and to such extent as LANDLORD may deem desirable, and <br />in exercising any such right, to also pay all necessary and incidental costs and expenses, employ <br />counsel and incur and pay reasonable attorney's fees. All sums so paid by LANDLORD and all <br />necessary and incidental costs and expenses in connection with the performance of any such act <br />by LANDLORD, together with interest thereon at the a reasonable rate from the date of making <br />of such expenditure, by LANDLORD, shall be deemed Additional Rent hereunder, and shall be <br />payable to LANDLORD on demand. TENANT covenants to pay any such sum or sums with <br />interest as aforesaid and LANDLORD shall have the same rights and remedies in the event of the <br />non-payment thereof by TENANT as in the case of default by TENANT in the payment of the <br />Base Rent payable under this Lease. <br />37. GENERAL: <br />a. LANDLORD TENANT Relationship. This Lease does not create the <br />relationship of principal and agent or of partnership or of joint venture or of any association <br />between LANDLORD and TENANT, the sole relationship between the parties hereto being that <br />of LANDLORD and TENANT. <br />b. Effect of Waivers. No waiver of any default of TENANT hereunder shall be <br />implied from any omission by LANDLORD to take any action on account of such default if such <br />default persists or is repeated, and no express waiver shall affect any default other than the <br />default specified in the express waiver and that only for the time and to the extent therein stated. <br />One or more waivers by LANDLORD shall not then be construed as a wavier of a subsequent <br />breach of the same covenant, term or condition. The consent to or approval by LANDLORD of <br />any act by TENANT requiring LANDLORD'S consent or approval shall not waive or render <br />necessary LANDLORD's consent to or approval of any subsequent similar act by TENANT. No <br />action required or permitted to be taken by or on behalf of LANDLORD under the terms or <br />provisions of this Lease shall be deemed to constitute an eviction or disturbance of TENANT'S <br />possession of the Leased Space. All preliminary negotiations are merged into and incorporated <br />in this Lease. The laws of the State of Minnesota shall govern the validity, performance and <br />enforcement of this Lease. <br />c. Entire Agreement. This Lease and the exhibits, if any, attached hereto and <br />forming a part hereof, constitute the entire agreement between LANDLORD and TENANT <br />affecting the Leased Space and there are no other agreements, either oral or written, between <br />them other than are herein set forth. No subsequent alteration, amendment, change or addition to <br />this Lease shall be binding upon LANDLORD or TENANT unless reduced to writing and <br />executed in the same form and manner in which this Lease is executed. <br />d. Enforceability of Provisions. If any agreement, covenant or condition of this <br />Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or <br />unenforceable, the remainder of this Lease, or the application of such agreement, covenant or <br />condition to persons or circumstances other than those as to which it is held invalid or <br />16 <br />