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A. MembersW. Tenant shall have the option to become a member of,participate fully in,and
<br /> remain in good standing in the merchants association sponsored for the Shopping Center, and, if Tenant
<br /> • becomes a member, shall abide by any rules or regulations promulgated by said association. The purpose of
<br /> said association is to encourage its members to deal fairly and courteously with their customers, to follow
<br /> ethical business practices,and to promote the retail business of the Shopping Center and the tenants therein
<br /> by sales promotions, center-wide advertising, or by any other means determined by the membership of said
<br /> association.
<br /> B. Dues. If Tenant becomes a member, Tenant shall pay dues to said association in such
<br /> amounts and at such times as the association itself shall determine from time to time.
<br /> C. Lease Superior. Nothing in the bylaws or regulations of said association conflicting with the
<br /> provisions of this Lease or with any reasonable rules and regulations adopted pursuant to the provisions of
<br /> this Lease shall in any way effect the rights of Landlord hereunder.
<br /> ARTICLE 26: LIABILITY OF PARTIES
<br /> If two or more individuals, corporations, partnerships, or other business associations (or any
<br /> combination of two or more thereof) shall sign this Lease as Tenant, the liability of each such individual,
<br /> corporation,partnership or other business association to pay Rent and perform all other obligations hereunder
<br /> shall be deemed to be joint and several. In like manner, if the Tenant named in this Lease shall be a
<br /> partnership or other business association,the members of which are by virtue of statute or general law,subject
<br /> to personal liability,the liability of each member shall be deemed to be joint and several. Tenant shall look
<br /> solely to the then interest of Landlord in the Subject Parcel,and to the extent Landlord owns both the Subject
<br /> Parcel and portions of the Shopping Center, that portion of the ShoWne Center owned by Landlord or of
<br /> any successor to interest to Landlord, as owner af the Shopping Genw thth®f, for the satisfaction of any
<br /> remedy of Tenant for failure of Landlord to perform any of Landlord's obligations under this Lease, express
<br /> or implied, or under any law. Neither Landlord nor any disclosed or undisclosed principal of Landlord (or
<br /> • officer,director,stockholder,partner or agent of Landlord or of any such principal),nor any successor of any
<br /> of them, shall have any personal liability for any such failure under this Lease or otherwise.
<br /> ARTICLE 27: INTENTIONALLY OMITTED
<br /> ARTICLE 28: NOTICES
<br /> Any notice, demand, approval or consent desired or required to be given under this Lease shall be
<br /> in writing and delivered personally or by a nationally recognized air courier service or mailed by United States
<br /> certified mail, postage paid, if to Landlord addressed to:
<br /> Ste. Marie Company
<br /> Attention: Mary T. Rothchild
<br /> First Bank Place
<br /> MPFP 1802
<br /> 601 Second Avenue South
<br /> Minneapolis, MN 55402
<br /> and if to Tenant, to Tenant's address as shown on page 1 of this Lease; such notice, demand, approval or
<br /> consent to the Tenant shall also be deemed made by delivery of such notice to the Premises. Mailed notices
<br /> shall be deemed given upon posting in the United States mail. Either party may (A) by written notice
<br /> designate a different address to which notices may be sent,and (B)by written notice designate not more than
<br /> two (2) additional parties to whom copies of all notices must be sent.
<br /> ARTICLE 29: GENERAL
<br /> • A. Quiet Enjoyment. Landlord hereby warrants that it and no other person or corporation has the right
<br /> to lease the Premises. So long as Tenant shall perform each and every covenant to be performed by Tenant
<br /> hereunder, Tenant shall have peaceful and quiet use and possession of the Premises, and Landlord shall
<br /> warrant and defend Tenant in such peaceful and quiet use and possession.
<br /> B. Interest. Any amount due from Tenant to Landlord under this Lease which is not paid when due,
<br /> except payment of Rent which is not more than thirty(30)days past due,shall bear interest from the due date
<br /> until paid at the rate of 10% per annum or the maximum interest rate allowed by law,whichever is lower;
<br /> provided, however the payment of such interest shall not excuse or cure the default upon which such interest
<br /> accrued.
<br /> C. Expense of Enforcement. If either party hereto be made or becomes a party to any litigation
<br /> commenced by or against the other party involving the enforcement of any of the rights and remedies of such
<br /> party, or arising on account of the default of the other party in the performance of such party's obligations
<br /> 326559.8 Redlined V8 to V7 9.27-% 25
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