5.2. SR 12-07-1998 - Laserfiche WebLink

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7.3) Operation and Use - At all times during the term of this Lease Agreement, Lessee will operate and maintain the Improvements as a Boys and Girls Club for the purpose of providing recreational and educational opportunities to the youth of the city of Elk River. The permitted uses of the Leasehold Property are more particularly described on Exhibit B attached hereto and incorporated herein by reference ("Permitted Use"). Lessee will not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Improvements or the Leasehold Property, or any part thereof. Lessee will not use or operate the Leasehold Property in any manner that might interfere with the use and enjoyment of the adjacent real property for public park and recreational purposes, or for any other purpose than a Permitted Use or suspend or discontinue the use of the Leasehold Property, without Lessor's prior written consent. 7.4) Covenants Running With the Leasehold Property - It is intended and agreed that the agreements and covenants set forth in this Article 7 shall be binding for the benefit and in favor of, and enforceable by, Lessor, its successors and assigns, and any successor in interest to the Leasehold Property, or any part thereof against Lessee, its successors and assigns, and every successor in interest to the Leasehold Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Leasehold Property or any part thereof, for the Term of this Lease Agreement. In amplification, and not in restriction of, the provisions of this Article 7, it is intended and agreed that Lessor and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided herein, both for and in their own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of Lessor without regard to whether Lessor has at any time been, remains, or is an owner of the Leasehold Property or interest therein to, or in favor of, which such agreements and covenants relate. Lessor shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. 7.5) Liens - Lessee will: (a) duly and punctually pay for all labor performed and materials furnished in connection with the construction of the Improvements; (b) keep the Leasehold Property and every improvement thereon free and clear from all liens for labor performed and materials furnished; provided, however, that Lessee shall not be required to pay any claim for labor performed or materials furnished so long as Lessee shall contest, in good faith, the existence, amount or the validity thereof by appropriate proceedings, which shall operate during the pendency to prevent a breach of this Section 7.5; (c) defend, at its own cost and expense, each and every lien asserted or filed against the Leasehold Property or any improvement thereon; and (d) indemnify and save Lessor harmless from all and every claim, demand, action or cause of action (including fees of attorneys) arising out of and connected with any act or omission occurring on the Leasehold Property or any improvements thereon. BURNIS 566679.3 10 of 22