Agenda Packets - 1998/12/28 - Laserfiche WebLink

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default shall be treated otherwise than a payment on account. The acceptance by landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check,that said lesser amount is payment in full shall be given no effect, and Landlord may accept such check without prejudice to any further rights or remedies which Landlord may have against Tenant. Further, failure of the Landlord to bill timely for other additional rent as heretofore required shall not be deemed a waiver of Tenant's liability to pay same. 16.4 COVENANT OF QUIET ENJOYMENT. Tenant, subject of the terms and provisions of this Lease, on payment of the rent and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Landlord. 16.5 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of which, when bearing original initials of the parties on each page and at each change in the text hereof as well as original signatures at the end of each document, shall constitute an original for all purposes. All previous agreements, whether oral or written are superseded by and merged with this Lease. Subsequent changes shall not be binding unless reduced to writing and signed by the parties hereto. 16.6 INVALIDATION OF PARTICULAR PROVISIONS. If any clause,term or provision of this Lease, or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable,the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it si held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. It si the intention of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, invalid or unenforceable, there be added as part of this Lease a clause,term or provision similar to such illegal invalid or unenforceable clause, term or provision as may be possible and would be legal, valid, and enforceable. 16.7 PROVISIONS BINDING, ETC. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legally appointed representative, respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. 16.8 GOVERNING LAW. The laws of the State of Minnesota shall govern the interpretation, validity,performance and enforcement of this Lease. 16.9 NOTICES. Any notice which is required under this Lese shall be deemed"given" upon hand delivery or three (3) days after prepaid posting in the U.S. Mail whichever shall first Page 15 DRAFT-- 12/15/98--CHS Lease agreement