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8LA515\146\1008785.v2 <br />23.Waiver. No waiver of the City’s remedies upon the occurrence of an Event of Default <br />shall be implied from any omission by the City to take any action on account of such Event <br />of 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 />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 />25.City’s Disclaimer of Warranty. The City disclaims any warranty that the Leased Premises <br />is suitable for the Tenant’s use. <br />IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year <br />first above written. <br />CITY OF LAKE ELMO <br />By: <br />Charles Cadenhead <br />Its:Mayor <br />By: <br />Julie Johnson <br />Its:City Clerk <br />TENANT <br />By: <br />David See d/b/a David See Farms