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Landlord shall have the right to terminate this Lease if Tenant fails to cure an Event of Default <br /> within ten (10) days written notice. If Tenant fails to cure an Event of Default within the cure <br /> period Landlord shall have the right to terminate this Lease and exercise any remedies available <br /> under applicable law to regain possession of the Premises. In the event that Tenant is in default <br /> under this Lease and the Lease is terminated and Tenant fails to vacate the Premises, the <br /> Landlord shall be entitled to recover all costs and expenses including reasonable attorney's fees <br /> incurred by Landlord in enforcing the terms of this Lease and regaining possession of the <br /> Premises. <br /> 11. Waiver. The waiver of any term of this contract at any time shall not be deemed <br /> a waiver on any other occasion of any other term. <br /> 12. Attorneys' Fees. If any action at law or in equity shall be brought in court to <br /> recover any rent under this rental agreement or for or on account of any breach of or to enforce <br /> or interpret any of the covenants, terms, or condition of this Lease or for the recovery of the <br /> possession of the Premises, the Landlord shall be entitle to recover from the Tenant as part of the <br /> Landlord's costs, his reasonable attorney's fees, the amount of which shall be fixed by the court <br /> and shall be made a part of any judgment or decree rendered. <br /> 13. Captions, Headings or Titles. All captions, headings, or titles in the paragraphs <br /> or sections of this Lease are inserted for convenience of reference only and shall not constitute a <br /> part of this lease as a limitation of the scope of the particular paragraphs or sections to which <br /> they apply. <br /> 14. Minnesota Law. This lease shall be construed and enforced in accordance with <br /> the laws of the state of Minnesota. <br /> Dated as of the date first set forth above. <br /> LANDLORD: TENANT: <br /> CITY OF ELK RIVER <br /> Sherman Lehn <br /> By 13601 Xanthus Lane <br /> John J. Dietz Rogers, MN 55374 <br /> Mayor Cell: 763-350-4069 <br /> By <br /> Tina Allard <br /> City Clerk <br /> 3 <br />