10/12/2009 Council Packet - Laserfiche WebLink

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• • • 14. INSURANCE. Tenant shall, at is sole cost and expense, obtain a general liability insurance policy against claims for personal injury, death, property damage or violation of constitutional or statutory rights occurring in connection with the use and occupancy of the Leased Premises by Tenant. The policy shall cover the Leased Premises as well as all personal property, equipment or materials that are carried into or used in the Leased Premises. Said policy must have limits of not less than $1,000,000 combined single limit, and obtained from an insurance carrier licensed to do business in the State of Minnesota. Landlord must be named in said insurance policy as an additional insured, and Landlord must receive a Certificate of Insurance prior to commencement of the term of this Lease. The insurance policy may not be cancelled or revised without 30 -days written notice to Landlord. 15. NO PARTNERSHIP, AGENCY, OR JOINT VENTURE. Nothing is this Lease shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party to this Lease is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party, or to bind the other party in any manner or thing whatsoever except in accordance with the terms and conditions of this Lease. 16. NOTICES. All notices required to be given by one party to another party under this Lease shall be in writing. Notices shall be personally delivered or sent by mail. All notices required to be provided on a specific day or date shall be considered timely if postmarked on or before that date. 17. ASSIGNMENT AND SUBLETTING. Tenant may not assign, sublet, or transfer any rights or obligations under this Agreement without prior written approval from the Landlord. 18. NO WAIVER OF COVENANTS. The failure of either party in one or more instances to insist upon performance of any of the terms, covenants, or conditions of this Lease shall not be construed as a waiver or relinquishment of rights to enforce such term, covenant, or condition. 19. CHOICE OF LAW. This Lease shall be governed and interpreted pursuant to the laws of Minnesota. The parties agree that the general rule of law construing provisions against the drafter shall not apply to either party in the interpretation of this Lease. 20. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the parties. Except as expressly stated in this Lease, no party has relied on any statement, promise, inducement, or representation of the other. This Lease supersedes any and all prior statements and agreements between the parties relating to the subject matter Lease Agreement Page 4 of 5