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leaving the easement area in as good condition as it was prior to the time of constructing said advertising structure and equipment and
<br />customary appurtenances has begun. Lessee further maintains the right to remove brush, trees or obstructions impairing the full view of the
<br />sign(s).
<br />SECTION VII:
<br />ACCESS, ELECTRIC POWER, INSURANCE, MAINTENANCE
<br />Lessor guarantees to lessee free access to and use of any part of any ground or structure on said premises as may be necessary for Lessee to
<br />hang scaffolds, or construct, post, paint, illuminate, repair or remove its advertisements and structures. Lessee may equip the signs with
<br />electric wires and other equipment necessary or incidental to operation and maintenance of the sign and lessor agrees to grant to lessee such
<br />easements and other rights of access and use as are reasonably necessary to install and repair any such electrical wires or equipment provided
<br />that such wires and equipment shall not interfere with lessors quiet enjoyment of the demised premise. Lessee shall supply and pay the
<br />charges for all electric power for the sign. Lessee will cover all maintenance costs of the digital billboard and will cover this sign location under
<br />its existing general liability and property damage insurance policy.
<br />SECTION VIII: LESSEE'S OPTION TO TERMINATE
<br />If at any time (a) the signs or structures of the lessee on the demised premises shall be or become entirely or partially obscured or destroyed;
<br />or (b) the said premises shall be or become unsafe for the maintenance of the lessee structures thereon, or unable to support such structures;
<br />or (c) the value of said location for advertising purposes shall be or become diminished; or (d) there be a permanent diversion of traffic from
<br />the street or streets adjacent to, or leading to or past, the said premises, or a change in the direction of traffic on such street or streets; or (e)
<br />the lessee be unable to obtain from authorities having jurisdiction any necessary permit for the erection or maintenance of such sign or signs
<br />(of special or standard size, design and construction) as the lessee may desire to construct or maintain for the purpose of its business; or (f)
<br />the lessee be prevented by any present or future law or ordinance, or by the authorities having jurisdiction, from construction or maintaining on
<br />said premise such signs (of special or standard size, design and construction), as the lessee may so desire to construct, use or maintain them
<br />and in such event, at the option of the lessee, this lease shall terminate on fifteen (15) days' notice in writing to the lessor, by registered mail
<br />addressed to him at his address shown below, or such other addresses as the lessor may here after in writing specify. If for any reason prior to
<br />the renewal date of this contract the lease is terminated outside the forces of the lessee, or if at the end of the term of this lease the lessee
<br />does not renew, the lessee shall remove the structure, concrete, footings or pads and repair the grounds to their original condition, unless
<br />otherwise directed in writing by Lessor. Upon the end of or termination of this lease, lessee shall have 60 days to remove any structure,
<br />signage, concrete, footings or pads during the months of May through October and 90 days after October 30 to remove during the months of
<br />November through April due to cold weather conditions.
<br />SECTION IX: CONTRACT
<br />Payments for this contract shall commence 60 days after the date that the digital billboard is live. This Contract shall be construed and
<br />enforced in accordance with the laws of the state of Minnesota without regard to principles of conflicts of laws. The parties agree that
<br />jurisdiction; rule of law, venue and the interpretation of this lease agreement shall be pursuant to the state of Minnesota. Shall any disputes
<br />arise, it is agreed that the state of Minnesota shall hold jurisdictional governing law and any actions taken will be done so through the
<br />Minnesota judicial system.
<br />SECTION X:
<br />LESSOR'S WARRANTIES
<br />The lessor represents and warrants that Kurtis G. Ulrich (Lessor Representative)
<br />the City Administrator (Title of Representative) of the premises above described and
<br />has authority to make this lease and covenants. Lessor also warrants that he will not permit any adjoining premises, owned, or
<br />controlled by Lessor, to be used for advertising purposes or permit lessee's signs to be obstructed.
<br />SECTION XI:
<br />OBLIGATION; BINDING ON SUCCESSORS
<br />It is expressly understood that neither the lessor nor the lessee is bound by any stipulations, representations, or agreements not
<br />printed or written in the lease. This lease shall inure to the benefit of and be binding upon the personal representative, successors and
<br />assigns of the parties hereto.
<br />SECTION XII: LESSEE'S RIGHT TO ASSIGN
<br />Lessee hereby reserves the right, and said right, is granted to lessee to sell, assign and set over all of the lessee's rights, title and
<br />interest in this lease to any financially responsible assignee upon the express and written assumption by the assignee of all the
<br />obligations of the lessee herein named and upon such assumption, lessee shall be fully discharged from any and all obligations under
<br />this instrument.
<br />SECTION XIII: MEMORANDUM OF LEASE
<br />The parties agree to execute a Memorandum of Lease setting forth basic terms of the lease in order to give notice of record of the
<br />existence of the lease. The Memorandum of Lease will not contain the financial terms of the lease. Both parties agree to execute the
<br />Memorandum of Lease which will be recorded by lessee. Lessor agrees not to record the outdoor sign lease.
<br />SECTION XIV: CONTINGENCY
<br />This contract is contingent upon permit approval from city, state and any other governing body that may regulate signage, digital
<br />signage, or billboard signage. This contract and any memorandums will be deemed null and void in the event a permit is not granted
<br />by any of the aforementioned permitting authorities.
<br />SECTION XV: EXCLUSIVITY
<br />Lessee and its successors and assigns shall have the exclusive right to install and operate any advertising or billboard sign upon the
<br />Property consistent with local, State and Federal law. Lessor shall not allow or permit any other advertising sign, billboard sign or other
<br />sign upon the Property, except for the existing signage or on -premise signage for any subsequent tenant or occupant operating upon
<br />the Property. Any new signage will not encumber or obstruct the Lessee's billboard sign. Lessee and its successors and assigns shall
<br />have the right to enforce by any proceeding at law or in equity the exclusivity restriction imposed by this Lease.
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