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to Landlord on demand. Tenant covenants to pay any such sum or sums with interest as <br />aforesaid and landlord shall have the same rights and remedies in the event of the non-payment <br />thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent payable <br />under this Lease. <br />34. GENERAL: <br />a. Landlord Tenant Relationship. This Lease does not create the relationship of <br />principal and agent or of partnership 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 Property. <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 />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 affecting the <br />Leased Property and there are no other agreements, either oral or written, between them other <br />than are herein set forth. No subsequent alteration, amendment, change or addition to this Lease <br />shall be binding upon Landlord or Tenant unless reduced to writing and executed in the same <br />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 />unenforceable, shall not be affected thereby and each agreement, covenant or condition of this <br />Lease shall be valid and be enforced to the fullest extent permitted by law. <br />e. No Personal Obligations. The obligations of Landlord under this Lease do not <br />constitute the personal obligations of the individual officers or employees of Landlord. If <br />Landlord shall fail to perform any covenant, term or condition of this Lease required of landlord, <br />Tenant shall be required to deliver to Landlord written notice of the same. If, as a consequence <br />of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be <br />satisfied only out of the proceeds of sale received upon execution of such judgment and levied <br />thereon against the right, title and interest of Landlord in the Leased Property and out of rent or <br />other income from the Leased Property receivable by Landlord, or out of consideration received <br />by Landlord from the sale or other disposition of all or any part of Landlord's right, title or <br />16 <br />