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DRAFT <br /> Should Tenant continue to occupy the Premises, or any part thereof, after the expiration <br /> or termination of the Term, whether with or without the consent of Landlord, such tenancy shall <br /> be from month to month and Tenant shall pay Landlord the (i) the rent last in effect plus 3 <br /> percent, for the first six months of any such period of holding over and (ii) following such six <br /> month holdover period rent shall continue until a new rental rate is agreed upon. <br /> 24. LANDLORD REPRESENTATIONS: <br /> Landlord agrees to be bound by the terms and conditions of this Lease. <br /> 25. MISCELLANEOUS: <br /> (a) The captions in this Lease are for convenience only and are not a part of <br /> this Lease. <br /> (b) If more than one person or entity shall sign this Lease as Tenant, the <br /> obligations set forth herein shall be deemed joint and several obligations of each such party. <br /> (c) Time is of the essence. <br /> (d) If any provision of this Lease is invalid or unenforceable to any extent, <br /> then such provision and the remainder of this Lease shall continue in effect and be enforceable to <br /> the fullest extent permitted by law. <br /> (e) This Lease contains the entire agreement of the parties hereto with respect <br /> to the Premises and Building. This Lease may be modified only by a writing executed and <br /> delivered by both parties. <br /> (f) Nothing contained in this Lease shall be deemed or construed to create a <br /> partnership or joint venture of or between Landlord and Tenant, or to create any other <br /> relationship between the parties other than that of landlord and tenant. <br /> (g) This Lease shall be binding upon and inure to the benefit of the parties <br /> hereto and, subject to the restrictions and limitations herein contained, their respective heirs, <br /> successors and assigns. <br /> (h) This is governed by and shall be construed according to the laws of the <br /> State of Minnesota. <br /> 26. TAX COMPLIANCE AND STATUS OF PREMISES: <br /> It is the intention of the parties hereto that nothing contained in this Lease or through the <br /> performance of this Lease shall any change occur in the tax status of the Premises that existed <br /> prior to the entering into of this Lease and that in lieu of each clause, teal.' or provision of this <br /> Lease that is illegal, invalid, unenforceable, or not in compliance with property tax requirements, <br /> there be added as part of this Lease a clause, term, provision, or requirement similar to such <br /> illegal, invalid or unenforceable clause, telin, provision, or property tax requirement as may be <br /> 12 <br /> 416585v5 SJR MU210-35 <br />