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sz City of St. Anthony School District #282 Page 9 ARTICLE 18. GENERAL. This Lease does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, the sole relationship between Landlord and Tenant being that of landlord and tenant. No waiver of any default of either party hereunder shall be implied from any omission by the other party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. Each term and each provision of this Lease performable by Tenant shall be construed to be both a covenant and a condition. All preliminary negotiations are merged into and incorporated in this Lease. This Lease can only be modified or amended by an Agreement in writing, signed by the parties hereto. All provisions hereof shall be binding upon the heirs, successors and assigns of each party hereto. Any notice required to be served in writing hereunder shall be mailed to the parties at the addresses set out after their respective signatures. Any and all indebtedness owing by the Tenant to the Landlord pursuant to the terms of this Lease which remains unpaid for a period of thirty (30) days after it first becomes due and payable • shall bear interest from and after the lapse of such thirty (30) day period at the rate of eight percent (8%) per annum. This Lease shall not be effective until executed by all parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. For: ST. ANTHONY/NEW BRIGHTON For: CITY OF ST. ANTHONY SCHOOL DISTRICT #282 Its Chair Its Mayor Its Clerk Its City Manager •