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hereunder, then the prevailing party in any such litigation, or the party becoming involved in such litigation
<br /> because of a claim against such other party,provided the said party becoming involved prevails and is without
<br /> • responsibility with respect to the claim, as the case may be, shall receive from the other party all costs and
<br /> reasonable attorneys' fees incurred by such party in such litigation.
<br /> D. Holding Over. In the event Tenant remains in possession of the Premises after the expiration of this
<br /> Lease and without the execution of a new lease, it shall be deemed to be occupying the Premises as a tenant
<br /> from month-to-month. During such holdover period, the Annual Minimum Rent portion of aggregate Rent
<br /> shall be one hundred fifty percent (150%) of the Annual Minimum Rent payable immediately prior to such
<br /> expiration. Except for the foregoing adjustment in Annual Minimum Rent, during such holdover period
<br /> Tenant shall be subject to all other conditions,provisions and obligations of this Lease in so far as the same
<br /> can be applicable to a month-to-month tenancy and this Lease shall be cancelable by either party upon thirty
<br /> (30) days written notice to the other.
<br /> E. Landlord's Access. Landlord,its agents,employees and contractors shall have the right to enter the
<br /> Premises at any time in the case of an emergency and at all other reasonable times for the purpose of
<br /> inspecting the same or of making repairs, additions or alterations thereto or to the building of which the
<br /> Premises are a part,or for the purpose of exhibiting the same to prospective tenants,purchasers or otherwise,
<br /> or for the purpose of enforcing or performing the terms of this Lease. Landlord will use its best efforts to
<br /> give Tenant at least one (1) days' notice of such entry (except in the case of emergencies) and shall be
<br /> accompanied by Tenant's personnel (except if not practicable in the case of an emergency). Landlord shall
<br /> not be liable to Tenant in any manner for any expense,loss or damage by reason thereof,nor shall the exercise
<br /> of such right be deemed an eviction or disturbance of Tenant's use or possession.
<br /> F. Short Form. Landlord and Tenant agree that neither shall record this Lease,provided,however, the
<br /> parties hereto agree that each will at the request of the other execute,acknowledge and deliver a short form,
<br /> in recordable form,of this Lease specifying the parties hereto,the Premises and the Term hereof. Preparation,
<br /> • recording and like charges and any stamp or like tax shall be paid for by the party requesting such recording.
<br /> G. Non-Waiver. Landlord's or Tenant's failure to insist upon a strict performance of any covenant of
<br /> this Lease or to exercise any option or right herein contained shall not be a waiver or relinquishment for the
<br /> future of such covenant, right or option, but the same shall remain in full force and effect.
<br /> H. Captions. The captions and headings herein are for convenience and reference only, and the words
<br /> contained therein shall in no way be held to explain,modify,amplify or aid in the interpretation,construction,
<br /> or meaning of the provisions of this Lease.
<br /> I. Applicable Law. This Lease shall be construed under the laws of the State of Minnesota. If any
<br /> provision of this Lease,or portion thereof, or the application thereof to any person or circumstance shall,to
<br /> any extent, be invalid or unenforceable, the remainder of this Lease shall not be affected thereby and each
<br /> provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.
<br /> J. Successors. This Lease and the covenants and conditions herein contained shall inure to the benefit
<br /> of and be binding upon Landlord,its successors and assigns,and shall be binding upon Tenant, its successors
<br /> and assigns, and shall inure to the benefit of Tenant and only the permitted assigns of Tenant.
<br /> K Force Majeure. The time within which any of the parties hereto shall be required to perform any act
<br /> or acts under this Lease shall be extended to the extent that the performance of such act or acts shall be
<br /> delayed by acts of God,fire,windstorm,flood,explosion,collapse of structures,riot,war,labor disputes,delays
<br /> or restrictions by governmental bodies,inability to obtain or use necessary materials,or any cause beyond the
<br /> reasonable control of such party,provided,however,that the party entitled to such extension hereunder shall
<br /> give prompt notice to the other party of the occurrence causing such delay. The provisions of this Article 29
<br /> Section K shall not operate to excuse Tenant from prompt payment of Rent or any other payments required
<br /> • by the terms of this Lease.
<br /> L. Brokers. Tenant represents and warrants to Landlord that neither it nor its officers or agents nor
<br /> anyone acting on its behalf has dealt with any leasing or real estate broker in the negotiation or making of
<br /> this Lease. Landlord shall be responsible for the leasing fees payable to its broker, Welsh Companies, Inc.
<br /> (and Welsh Companies, Inc. shall be responsible for any co-brokerage fee payable to The Schoening Group,
<br /> Inc.).
<br /> M. No Partnership. Any intention to create a joint venture, partnership or agency relation between the
<br /> parties hereto is hereby expressly disclaimed.
<br /> N. Amendments in Writing. This Lease and the Exhibits attached hereto and forming a part hereof,set
<br /> forth all the covenants, promises, agreements, conditions and understandings between Landlord and Tenant
<br /> concerning the Premises and there are no covenants, promises, agreements, conditions or understandings,
<br /> either oral or written,between them other than as herein set forth. Except as herein otherwise provided, no
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