Agenda - Council Work Session - 07/20/2010

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Premises, and any property not removed shall be deemed abandoned. In no event shall Tenant abandon the Premises during the term unless Tenant first obtains the express written permission of Landlord. The provisions of this section shall survive the termination of this lease. 17. DEFAULT. If Tenant shall fail to pay rent as herein provided, although na legal or formal demand has been made therefore, or shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant, or shall violate or fail to obey any reasonable rules from time to time promulgated by Landlord, Landlord may, ten {10} days after written notice thereof to Tenant by Landlord, at the option of Landlord, terminate this lease and said notice shall operate as a notice to Tenant to quit {any further notice to quit, or of Landlord's intention to re-enter being hereby expressly waived) and Landlord may proceed to recover possession udder and by virtue of the provisions of the laws of the State of Minnesota, or by such other proceedings, including an unqualified right of re-entry and possession, as may be applicable. 18. NON-WAIVER. The failure of the Landlord to insist, in any one or more instances, upon a strict performance of any of the terms, convents and conditions of this lease, shall not be construed as a waiver, or a relinquishment for the future, of such term, covenant or condition, but the same shall continue and remain in fail force and effect. The receipt by the Landlord of rent with knowledge of a breach in any of the terms, covenants or conditions of this lease to be kept or performed by the Tenant shall not be deemed a waiver of such breach and the Landlord shall not be deemed to have waived any provision. of this lease unless expressed in ~~riting and signed by the Landlord. 19. LIABILITY. Tenant and Landlord agree that each party will be responsible for its awn acts .and the results thereof to the extent authorized by Iaw and shall not be responsible for the acts of any others and the results thereof. Tenant's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.736 and other applicable law. 20. WAIVER OF SUBROGATION. Landlord and Tenant hereby mutually waive, as against each other, any claim or cause of action for any loss, cost, damage, or expense as a result of the occurrence of perils covered by any applicable insurance policy then in effect and covering the Premises, and extended coverage endorsements. 21. MECHANIC'S LIENS. Tenant agrees to pay promptly for any authorized improvements made by Tenant to the Premises. Tenant hereby covenants and agrees that Tenant will not permit or allow any mechanic or materialman's liens to be placed on the Premises. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Premise, the Tenant shall take all steps necessary to see that it is removed within thirty (30) days of its being filed. 22. NO PARTNERSHIP, JOINT VENTURE, OR FIDUCIARY RELATION- SHIP CREATED HEREBY. Nothing contained in this lease shall be interpreted as creating a partnership, joint venture, or relationship of principal and agent between Landlord and Tenant, it being understood that the sole relationship created hereby is one of landlord and tenant.