08-27-2003 Council Agenda - Laserfiche WebLink

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held in escrow by Tenant's attomey and shall automatically be released from escrow and recorded upon expiration of the term of this Lease. 18. Recording. Landlord shall not record this Lease or a memorandum of this Lease without the written consent of Tenant and Tenant's mortgage lender. 19. No Waiver. The failure of either party to enforce any covenant or condition of this Lease shall not be deemed a waiver thereof or of the right of either party to enforce each and every covenant and condition of this Lease. No provision of this Lease shall be deemed to have been waived unless such waiver be in writing. 20. Notices. All notices, bills or statements required hereunder shall be in writing, and shall be deemed to have been given if either delivered personally or mailed by certified or registered mail or by a national overnight delivery service. If to Landlord: If to Tenant: With a Copy to: City of Little Canada 515 East Little Canada Road Little Canada, MN 55117 North Star Associates Limited Partnership Attention: Mr. Ross H. Pattiich 31200 Northwestern Highway Farmington Hills, MI 48334 Maddin, Hauser, Wartell, Roth & Heller, P.C. Attention: Lowell D. Salesin, Esq. 28400 Northwestern Highway, Third Floor Southfield, MI 48034 Either party may change the address for notice, bills or statements by giving notice of such changes as hereinabove set out. The parties agree that notices may be provided by fax, and each party shall provide the other with its current fax number. 21. Successors and Assigns. The covenants, conditions and agreements contained in this Lease shall bind and inure to the benefit of Landlord and Tenant and their respective, successors and assigns; provided, however, Landlord shall not be entitled to assign its rights, title and /or interest in the Property or this Lease without the prior written consent of Tenant, which consent may be withheld for any reason or no reason. 22. Entire Agreement. This Lease contains and fully integrates the entire agreement between the parties and shall not be modified or amended in any manner except by an instrument in writing executed by the parties. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which same is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. -4- [NSE Storm Shelter Lease_v I .DOC from Mathie (78342).DOCi[08/22/03/BLM] -13-