IN FULL
FORCE AND EFFECT AND UNMODIFIED, AND THAT THERE ARE NO UNCURED DEFAULTS IN
LANDLORD'S PERFORMANCE HEREUNDER.
(C)
MEMORANDUM OF LEASE.
IF REQUESTED BY
EITHER PARTY, A MEMORANDUM OF LEASE, CONTAINING THE INFORMATION REQUIRED BY
APPLICABLE LAW CONCERNING THIS LEASE SHALL BE PREPARED, EXECUTED BY BOTH PARTIES
AND FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER IN HENNEPIN COUNTY,
MINNESOTA.
(D)
CLAIMS FOR FEES.
LANDLORD AND TENANT
REPRESENT THAT THEY HAVE NOT DEALT WITH ANY BROKERS IN CONNECTION WITH THE
NEGOTIATION OR EXECUTION OF THIS LEASE EXCEPT FOR ZELLER REALTY CORPORATION AS
LANDLORD'S REPRESENTATIVE AND WINTHROP COMMERCIAL AS TENANT'S REPRESENTATIVE.
LANDLORD AGREES TO PAY LEASING COMMISSIONS TO LANDLORD'S REPRESENTATIVE AND
TENANT'S REPRESENTATIVE PURSUANT TO SEPARATE AGREEMENTS.
EACH PARTY HERETO
SHALL INDEMNIFY AND HOLD HARMLESS THE OTHER PARTY FOR ANY AND ALL LIABILITY
INCURRED IN CONNECTION WITH THE NEGOTIATION OR EXECUTION OF THIS LEASE FOR ANY
OTHER REAL ESTATE BROKER'S COMMISSION OR FINDER'S FEE WHICH HAS BEEN EARNED BY A
REAL ESTATE BROKER OR OTHER PERSON ON SUCH PARTY'S BEHALF.
ONE-HALF OF THE
LEASING COMMISSIONS FOR THE INITIAL PREMISES AND THE ADDITIONAL PREMISES SHALL
BE PAYABLE UPON EXECUTION OF THIS LEASE AND THE REMAINING ONE-HALF SHALL BE
PAYABLE ON OR BEFORE DECEMBER 15, 2004.
(E)
APPLICABLE LAW.
THIS LEASE AND ALL MATTERS
PERTINENT THERETO SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF MINNESOTA.
(F)
ENTIRE AGREEMENT.
THIS LEASE, INCLUDING
ALL EXHIBITS, RIDERS AND ADDENDA, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE
PARTIES HERETO AND MAY NOT BE MODIFIED EXCEPT BY AN INSTRUMENT IN WRITING
EXECUTED BY THE PARTIES HERETO.
(G)
BINDING EFFECT.
THIS LEASE AND THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL INURE TO THE
BENEFIT OF AND BE BINDING UPON THE SUCCESSORS AND ASSIGNS OF THE PARTIES HERETO
AS WELL AS THE PARTIES THEMSELVES; PROVIDED, HOWEVER, THAT LANDLORD, ITS
SUCCESSORS AND ASSIGNS SHALL BE OBLIGATED TO PERFORM LANDLORD'S COVENANTS UNDER
THIS LEASE ONLY DURING AND IN RESPECT OF THEIR SUCCESSIVE PERIODS AS LANDLORD
DURING THE TERM OF THIS LEASE.
(H)
SEVERABILITY.
IF ANY PROVISION OF THIS
LEASE SHALL BE HELD TO BE INVALID, VOID OR UNENFORCEABLE, THE REMAINING
PROVISIONS HEREOF SHALL NOT BE AFFECTED OR IMPAIRED, AND SUCH REMAINING
PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
(I)
NO PARTNERSHIP.
LANDLORD SHALL NOT, BY
VIRTUE OF THE EXECUTION OF THIS LEASE OR THE LEASING OF THE PREMISES TO TENANT,
BECOME OR BE DEEMED A PARTNER OF TENANT IN THE CONDUCT OF TENANT'S BUSINESS ON
THE PREMISES OR OTHERWISE.
(J)
HEADINGS, GENDER, ETC.
AS USED IN THIS
LEASE, THE WORD "PERSON" SHALL MEAN AND INCLUDE, WHERE APPROPRIATE, AN
INDIVIDUAL, CORPORATION, PARTNERSHIP OR OTHER ENTITY; THE PLURAL SHALL BE
SUBSTITUTED FOR THE SINGULAR, AND THE SINGULAR FOR THE PLURAL, WHERE
APPROPRIATE; AND WORDS OF ANY GENDER SHALL INCLUDE ANY OTHER GENDER.
THE
TOPICAL HEADINGS OF THE SEVERAL PARAGRAPHS OF THIS LEASE ARE INSERTED ONLY AS A
MATTER OF CONVENIENCE AND REFERENCE, AND DO NOT AFFECT, DEFINE, LIMIT OR
DESCRIBE THE SCOPE