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ARTICLE 1: PREMISES
<br /> • A. Lease of Premises. Landlord hereby demises and leases to Tenant and Tenant hereby rents and takes
<br /> from Landlord, subject to and with benefit of the terms, covenants, conditions and provisions of this Lease,
<br /> the Premises (extending to the center line of the demising or parry walls, if any, and to the exterior faces of
<br /> all other walls) as shown on Exhibit C together with the appurtenances specifically granted in this Lease, but
<br /> reserving and excepting to Landlord the use of the exterior walls and the roof and air space above the Premises
<br /> and the ;igh; to install, maintain, Use, mpai; and mphwa for purposes of Performing Landlord's obligations
<br /> hereunder and for the Purposes of installing, maintaining, using, repairing and replacing pipes, ducts,
<br /> conduits, wires and appurtenant fixtures leading through the Premises in a manner that will not materially
<br /> interfere with Tenant's use of the Premises, . Landlord shall not erect any sign or signs
<br /> on the roof or exterior walls of the Premises, except for noncommercial directional or informational signs.
<br /> B. Shopping Center and Subject Parcel. Exhibit A-1 depicts the Shopping Center located in the City of
<br /> St. Anthony, Ramsey County, Minnesota,and Exhibit B-1 depicts the Subject Parcel on which the Premises
<br /> are located. Tenant acknowledges that Exhibits A-1, B-1 and C are intended only to identify the real estate
<br /> comprising the Shopping Center and the Subject Parcel and the approximate boundary lines thereof and the
<br /> approximate size and location of the Shopping Center buildings, the Subject Property building and the
<br /> Premises and are not to be considered or construed as a representation or covenant of the exact shape, size,
<br /> location,number and extent of the real estate,buildings and other improvements and shall not be considered
<br /> or construed as a representation or covenant to construct, refrain from constructing, demolish, refrain from
<br /> demolishing or otherwise alter the shape, size, location, number and extent of the real estate and
<br /> improvements, except as may otherwise be expressly provided herein.
<br /> ARTICLE 2: TERM
<br /> A. Delivery of Possession and Commencement Date. Landlord shall deliver possession of the Premises
<br /> to Tenant on the
<br /> by the GOMMAIRremen: D te, Landler4 shall not he Hable te Team! for- damages of any l4nd, in Shp event
<br /> date the work to be performed under the Construction Contract,as defined in Article 4,Section A(1) hereof,
<br /> is substantially (except for punch list items) completed (the "Commencement Date"). If Landlord is unable
<br /> to deliver Possession of the Premises to Tenant by Mav 1. 1997. Landlord shall not be liable to Tenant for
<br /> damages of any kind. In the event the Commencement Date has not occurred by May 31. 1997 because the
<br /> construction under said Construction Contract has not been substantially (except for Punch list items)
<br /> completed for any reason whatsoever,then either Party may terminate this Lease upon thirty (30) days prior
<br /> written notice. Provided such right to terminate shall expire if within said thirty (30) day period such work
<br /> Is substantially (except for punch list items) completed and Possession of the Premises are tendered to
<br /> Tenant. In the event said Construction Contract, in form, substance and amount mutually satisfactory to
<br /> Landlord and Tenant is not fully signed and delivered by all parties thereto on or before Astebat November
<br /> 15, 1996, this Lease may be terminated by either party by written notice to the other
<br /> on or before December 1. 1996, in which event neither party shall thereafter have any liability to the other
<br /> hereunder except that Tenant shall be responsible for a portion of certain plan preparation costs as provided
<br /> in Article 4, Section A(1) and A 2.1 hereof.
<br /> B. Lease Addendum. At the commencement of the Lease Term, Landlord and Tenant shall execute a
<br /> Lease Addendum to evidence Tenant's acceptance of the Premises,and confirming the Commencement Date,
<br /> the Termination Date,the square footage of the Premises and Annual Minimum Rent. The Lease Addendum
<br /> shall be in substantially the form of Exhibit D attached hereto.
<br /> ARTICLE 3: OPTION TO EXTEND
<br /> A. Option. Tenant shall have the option to extend the Term of this Lease as such option is specified
<br /> in Section 7 of the Data Sheet. If said option is validly exercised,all of the terms and provisions of this Lease
<br /> shall continue in full force and effect during the extended term, except that following exercise of the option
<br /> there shall be no further option to extend,and the Annual Minimum Rent shall be as specified in Section 10
<br /> of the Data Sheet and Section D of this Article 3.
<br /> B. Exercise. Should Tenant elect to exercise its option to extend, it may do so only by giving Landlord
<br /> written notice of such election in the one hundred eighty(180)day period immediately prior to the"Exercise
<br /> Date". The "Exercise Date" is a date which is one hundred and eighty (180) days prior to the expiration of
<br /> the Base Term.
<br /> C. Conditions. Tenant's exercise of its option to extend shall not be effective unless,as of the Exercise
<br /> Date and as of the last day of Base Term (a)Tenant is not in default in any of its obligations under this Lease
<br /> beyond any applicable notice and cure period; and (b) Tenant or its permitted subtenant or assignee is in
<br /> actual physical possession of the Premises. Tenant shall have no option to extend if, as of the Exercise Date
<br /> or the first day of the Option Term the Lease has terminated for any reason.
<br /> 326559.8 Redlined V8 to V7 9-27-96 4
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