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12-19-2001 Council Agenda
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12-19-2001 Council Agenda
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17. WAIVER. No waiver by either party of any breach of any agreement herein <br />contained shall operate as a waiver of such agreement itself, or of any subsequent breach thereof. <br />18. RULES AND REGULATIONS. Tenant shall use the Premises and the common <br />areas of the Project in accordance with the terms of this Lease and such additional rules and <br />regulations as may from time to time be reasonably made by the Landlord for the general safety, <br />comfort and convenience of the owners, occupants and tenants of the Project, and Tenant shall <br />use its best efforts to cause Tenant's customers, employees and invitees to abide by such rules <br />and regulations. Landlord shall in no event be responsible to Tenant for enforcement of such <br />rules and regulations against other tenants. <br />19. COVENANT OF QUIET ENJOYMENT. Landlord covenants that it has the right to <br />make this Lease for the term aforesaid and covenants that if Tenant shall pay the rent and <br />perform all of the covenants, terms and conditions of this Lease to be performed by Tenant, <br />Tenant shall, during the Term hereby created, freely, peaceably and quietly occupy and enjoy the <br />full possession of the Premises. <br />20. NO REPRESENTATIONS BY LANDLORD. Neither Landlord nor any agent or <br />employee of Landlord has made any representations or promises with respect to the <br />Premises or the Project except as herein expressly set forth, and no right, privileges, <br />easements or licenses are acquired by Tenant except as herein expressly set forth. <br />21. TENANT'S TAXES. Tenant shall be responsible for any taxes assessed to it by any <br />governmental agency or entity as a result of Tenants use of the property. <br />22. MISCELLANEOUS. <br />(a) This is a Minnesota contract and shall be construed according to the laws of <br />Minnesota. <br />(b) The captions in this Lease are for convenience only and are not a part of this Lease. <br />(c) Time is of the essence. <br />(d) If any provision of this Lease is invalid or unenforceable to any extent, then such <br />provision and the remainder of this Lease shall continue in effect and be enforceable to the <br />fullest extent permitted by law. <br />(e) This Lease and its exhibits constitute the entire agreement of the parties hereto with <br />respect to the Premises and Project. This Lease may be modified only by a writing executed by <br />both parties. <br />(f) This Lease shall be binding upon and inure to the benefit of the parties hereto and, <br />subject to the restrictions and limitations herein contained, their respective heirs, successors and <br />assigns. <br />Page 75 <br />
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