HEREOF OR AT ANY OTHER ADDRESS WITHIN THE UNITED
STATES AS TENANT MAY SPECIFY FROM TIME TO TIME BY WRITTEN NOTICE GIVEN TO
LANDLORD.
10
(C)
ANY NOTICE, DEMAND OR REQUEST REQUIRED OR
PERMITTED TO BE GIVEN UNDER THIS LEASE OR BY LAW SHALL BE DEEMED TO HAVE BEEN
GIVEN IF REDUCED TO WRITING AND MAILED BY REGISTERED OR CERTIFIED MAIL, POSTAGE
PREPAID, TO THE PARTY WHO IS TO RECEIVE SUCH NOTICE, DEMAND OR REQUEST AT THE
ADDRESS SET FORTH BELOW OR AT SUCH OTHER ADDRESS AS LANDLORD OR TENANT MAY
SPECIFY FROM TIME TO TIME BY WRITTEN NOTICE.
WHEN DELIVERING SUCH NOTICE,
DEMAND OR REQUEST SHALL BE DEEMED TO HAVE BEEN GIVEN AS OF THE DATE IT WAS SO
DELIVERED OR MAILED.
Landlord
Tenant:
Pondview Plaza Corporation
c/o Zeller Management Corporation
7900 Xerxes Avenue South, Suite 125
Bloomington, Minnesota 55431
Attention:
Building Manager
Vital Images, Inc.
5850 Opus Parkway, Suite 300
Minnetonka, Minnesota 55343
Attn: Chief Financial Officer
With copies to:
Pondview Plaza Corporation
500 Three Galleria Tower
13155 Noel Road
Dallas, Texas 75240
Attention:
William Brown
Richard A. Hoel
Winthrop & Weinstine, P.A.
Suite 3500
225 South Sixth Street
Minneapolis, MN
55402
Thomas P. Stoltman, Esq.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
1500 Wells Fargo Plaza
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
27.
MISCELLANEOUS GENERAL PROVISIONS
(A)
PAYMENTS DEEMED RENT.
ANY AMOUNTS OF MONEY
TO BE PAID BY TENANT TO LANDLORD PURSUANT TO THE PROVISIONS OF THIS LEASE,
WHETHER OR NOT SUCH PAYMENTS ARE DENOMINATED "RENT" OR "ADDITIONAL RENT" AND
WHETHER OR NOT THEY ARE TO BE PERIODIC OR RECURRING, SHALL BE DEEMED RENT OR
ADDITIONAL RENT FOR PURPOSES OF THIS LEASE; AND ANY FAILURE TO PAY ANY OF SAME
AS PROVIDED IN PARAGRAPH 19(A) HEREOF SHALL ENTITLE LANDLORD TO EXERCISE ALL OF
THE RIGHTS AND REMEDIES AFFORDED HEREBY OR BY LAW FOR THE COLLECTION AND
ENFORCEMENT OF TENANT'S OBLIGATION TO PAY RENT.
TENANT'S OBLIGATION TO PAY ANY
SUCH RENT OR ADDITIONAL RENT PURSUANT TO THE PROVISIONS OF THIS LEASE SHALL
SURVIVE THE EXPIRATION OR OTHER TERMINATION OF THIS LEASE AND THE SURRENDER OF
POSSESSION OF THE PREMISES AFTER ANY HOLDOVER PERIOD.
(B)
ESTOPPEL LETTERS.
TENANT SHALL, WITHIN TEN
(10) BUSINESS DAYS FOLLOWING WRITTEN REQUEST FROM LANDLORD, EXECUTE, ACKNOWLEDGE
AND DELIVER TO LANDLORD OR TO ANY LENDER, PURCHASER OR PROSPECTIVE LENDER OR
PURCHASER DESIGNATED BY LANDLORD A WRITTEN STATEMENT IN A FORM PROVIDED BY
LANDLORD CERTIFYING (I) THAT THIS LEASE IS IN FULL FORCE AND EFFECT AND
UNMODIFIED (OR, IF MODIFIED, STATING THE NATURE OF SUCH MODIFICATION), (II) THE
DATE TO WHICH RENT HAS BEEN PAID, (III) THAT THERE ARE NOT, TO TENANT'S ACTUAL
KNOWLEDGE, ANY UNCURED DEFAULTS (OR SPECIFYING SUCH DEFAULTS IF ANY ARE
CLAIMED); AND (IV) SUCH FURTHER MATTERS AS MAY BE REQUESTED BY LANDLORD.
ANY
SUCH STATEMENT MAY BE RELIED UPON BY ANY PROSPECTIVE PURCHASER OR MORTGAGEE OF
ALL OR ANY PART OF THE PROJECT.
TENANT'S FAILURE TO DELIVER SUCH STATEMENT
WITHIN SUCH PERIOD SHALL BE CONCLUSIVE UPON TENANT THAT THIS LEASE IS