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34. RULES AND REGULATIONS: <br />Tenant shall observe and comply with the rules and regulations as Landlord may prescribe and as <br />listed on Exhibit A attached hereto, on written notice to Tenant for the safety, care and <br />cleanliness of the Leased Premises. <br />35. INTENT OF PARTIES: <br />Except as otherwise provided herein, Tenant covenants and agrees that if it shall any time fail to <br />pay any such cost or expenses, or fail to take out, pay for, maintain or deliver any of the <br />insurance policies above required, or fail to make any other payment or perform any other act on <br />its part to be made or performed as in this Lease provided, then Landlord may, but shall not be <br />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 or <br />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 this <br />Lease provided, in such manner and to such extent as Landlord may deem desirable, and in <br />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 rate of twelve percent (12%) per annum from <br />the date of making of such expenditure, by Landlord, shall be deemed Additional Rent <br />hereunder, and shall be payable to Landlord on demand. Tenant covenants to pay any such sum <br />or sums with interest as aforesaid and Landlord shall have the same rights and remedies in the <br />event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of <br />the Base Rent payable under this Lease. <br />36. GENERAL: <br />a. Landlord Tenant Relationship. This Lease does not create the relationship of <br />principal and agent or of corporation or of joint venture or of any association between Landlord <br />and Tenant, the sole relationship between the parties hereto being that 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 breach <br />of the same covenant, term or condition. The consent to or approval by Landlord of any act by <br />Tenant requiring Landlord's consent or approval shall not waive or render necessary Landlord's <br />consent to or approval of any subsequent similar act by Tenant. No action required or permitted <br />to be taken by or on behalf of Landlord under the terms or provisions of this Lease shall be <br />deemed to constitute an eviction or disturbance of Tenant's possession of the Leased Premises. <br />All preliminary negotiations are merged into and incorporated in this Lease. The laws of the <br />State of Minnesota shall govern the validity, performance and enforcement of this Lease. <br />17 <br />