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Agenda - Council - 10/23/2018
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Agenda - Council - 10/23/2018
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3/17/2025 2:56:53 PM
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11/30/2018 9:54:11 AM
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Meetings
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Agenda
Meeting Type
Council
Document Date
10/23/2018
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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 <br />between Landlord and Tenant, the sole relationship between the parties hereto <br />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 <br />default if such default persists or is repeated, and no express waiver shall affect <br />any default other than the default specified in the express waiver and that only for <br />the time and to the extent therein stated. One or more waivers by Landlord shall <br />not then be construed as a wavier of a subsequent breach of the same covenant, <br />term or condition. The consent to or approval by Landlord of any act by Tenant <br />requiring Landlord's consent or approval shall not waive or render necessary <br />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 <br />terms or provisions of this Lease shall be deemed to constitute an eviction or <br />disturbance of Tenant's possession of the Leased Property. All preliminary <br />negotiations are merged into and incorporated in this Lease. The laws of the State <br />of Minnesota shall govern the validity, performance and enforcement of this <br />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 <br />Tenant affecting the Leased Property and there are no other agreements, either <br />oral or written, between them other than are herein set forth. No subsequent <br />alteration, amendment, change or addition to this Lease shall be binding upon <br />Landlord or Tenant unless reduced to writing and executed in the same form and <br />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 <br />extent, be invalid or unenforceable, the remainder of this Lease, or the application <br />of such agreement, covenant or condition to persons or circumstances other than <br />those as to which it is held invalid or unenforceable, shall not be affected thereby <br />and each agreement, covenant or condition of this Lease shall be valid and be <br />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 <br />Landlord. If Landlord shall fail to perform any covenant, term or condition of this <br />Lease required of landlord, Tenant shall be required to deliver to Landlord written <br />16 <br />
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