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LA515\1\1061613.v2 7 <br />this Lease shall cease and terminate as of the date the Condemning Authority <br />acquires possession. <br /> <br />C. If a Condemning Authority acquires only a part of the Leased Premises and such <br />acquisition does not render the Leased Premises unsuitable for the Tenant in the <br />absolute discretion of the Tenant, this Lease shall continue in full force and effect. <br /> <br />D. The City shall be entitled to the award paid in any condemnation acquisition under <br />power of eminent domain or the proceeds of a sale in lieu thereof, and the Tenant <br />shall not receive any portion of such award. <br /> <br />E. Although all damages in the event of any condemnation shall belong to the City <br />whether such damages are awarded as compensation for diminution in value of the <br />leasehold or to the fee of the Leased Premises, the Tenant shall have the right to <br />claim and recover from the Condemning Authority, but not from the City, such <br />compensation as may be separately awarded or recoverable by the Tenant, in the <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 />