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• I <br /> ' 1 <br /> i <br /> i <br /> • I i <br /> • i <br /> I <br /> be obligated so to do, and Without notice to or demand,uppn TENANT and Without Waiving or <br /> releasing TENANT from any obligations of TENANT in this Lease contained,pay any such cost <br /> or expense,,,effect an such insurance coverage and pay premiums therefore, and may make any <br /> p Y <br /> other payment or perform,any other act on-the part of TENANT to be made--and performed as in <br /> p <br /> this Lease 'rovided, in such manner and,to such extent as LANDLORD may deem desirable,.and <br /> in 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 /> _ <br /> necessary and incidental costs and expenses-in connection With the performance of any such act <br /> ; <br /> by LANDLORD, together With interest thereon at.the a reasonable rate from the date of making <br /> of such expenditure, by LANDLORD, shall be deemed Additional Rent hereunder, and shall be <br /> able-to LANDLORD on demand. TENANT covenants to pay-any such sum or sums With <br /> payable , , <br /> interest as aforesaid and LANDLORD shall have the same rights and remedies in the event of the <br /> non-payment thereof b TENANT as in the case of default b TENANT in-the payment of the <br /> y Y pY <br /> Base Rent payable under this Lease. <br /> 37, -GENERAL, <br /> a•. LANDLORD TENANT Relationship. This Lease does not create the <br /> relationship of'principal. and agent or of partnership or of joint venture or of any association <br /> between'LANDLORD and TENANT, the sole relationships between the parties hereto being that <br /> 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 <br /> breach of the same covenant, term or condition. The Consent to or approval by LANDLORD of <br /> any act by TENANT requiring LANDLORD's consent or approval shall-not waive or render <br /> necessary 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 terms or <br /> provisions of this,Lease shall be deemed to constitute an eviction or disturbance of TENANT's <br /> possession of the Leased_Space. All preliminary negotiations are merged into and incorporated <br /> in this Lease. The laws of the State of Minnesota shall govern the validity, performance and <br /> 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 <br /> affecting! the Leased Space and there are no other agreements, either oral or written, between <br /> them other than are herein set forth. No subsequent alteration, amendment, change or addition to <br /> this Lease shall be binding upon on LANDLORD or TENANT unless reduced ,to Writing and <br /> executed in the same 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 circurnstances 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 /> 16 <br />