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LA515\1\1013142.v2 7 <br />Tenant’s own right on account of any and all damage to the Tenant by reason of the <br />condemnation and for or on account of any cost or loss to the Tenant. <br /> <br />18. Limitation of Warranties and Liability. In no event shall the City be liable for special, <br />incidental, or consequential damages, including but not limited to lost profits, lost business <br />opportunity, or damages related to Tenant’s use or intended use of the Leased Premises. <br /> <br />19. Lease is Binding. This Lease shall be binding upon the parties hereto and their heirs, <br />successors and assigns. <br /> <br />20. Notification. Notices related to this Lease shall be sent to the following addresses: <br /> <br /> A. As to the City: City of Lake Elmo <br /> 3880 Laverne Avenue N. <br /> Lake Elmo, MN 55042 <br /> Attn: City Administrator <br /> <br /> B. As to the Tenant: David See <br /> D/B/A David See Farms <br /> __________________ <br /> __________________ <br /> <br /> or to such other address as either party may notify the other of pursuant to this paragraph. <br /> <br />21. Entire Lease. It is understood that this Lease contains all agreements, promises, and <br />understandings between the City and the Tenant regarding the subject matter hereof. This <br />Lease supersedes any prior agreements between the parties regarding the subject matter <br />hereof and any prior lease related to the Leased Premises. No modification to this Lease <br />is binding unless made in writing and signed by the City and the Tenant. <br /> <br />22. Choice of Law. The laws of the State of Minnesota shall govern the validity, performance <br />and enforcement of this Lease. <br /> <br />23. Waiver. No waiver of the City’s remedies upon the occurrence of an Event of Default shall <br />be implied from any omission by the City to take any action on account of such Event of <br />Default, and no express waiver shall affect any Event of Default other than the Event of <br />Default specified in the express waiver and such an express waiver shall be effective only <br />for the time and to the extent expressly stated. One or more waivers by the City shall not <br />be construed as a waiver of a subsequent Event of Default. <br /> <br />24. Relationship of Landlord and Tenant. This Lease does not create the relationship of <br />principal and agent, partnership, joint venture, or of any association between the City and <br />the Tenant, the sole relationship between the parties hereto being that of landlord and tenant <br />under this Lease. <br />