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results of its inspections of the Premises and is entering into this Lease solely on the basis of the <br />results of its own inspections and all risks incident to the matters discussed in the preceding <br />sentence. <br />ARTICLE 21 <br />INTENTIONALLY DELETED <br />ARTICLE 22 <br />MISCELLANEOUS PROVISIONS <br />22.1 Indemnification. Except if and to the extent that such party is released from <br />liability to the other party hereto pursuant to any waiver of claims or waiver of subrogation <br />contained in this Lease, <br />(a) Tenant hereby agrees to indemnify and hold Landlord harmless from and against <br />any and all costs, damages, claims, liabilities and expenses (including reasonable attorneys fees) <br />suffered by or claimed against Landlord, based on, or arising out of, or resulting from: (i) <br />Tenant's use and occupancy of the Premises or the business conducted by Tenant therein, (ii) any <br />negligent act or omission by Tenant or its employees, agents, or invitees, or (iii) any breach or <br />default by Tenant in the performance or observance of its covenants or obligations under this <br />Lease. <br />The indemnities set forth herein shall also inure to the benefit of Landlord and its <br />employees, agents, invitees, successors and assigns. <br />22.2 Notices. Any notice, demand, consent, approval, request or other communication <br />or document to be provided hereunder to a party hereto shall be (a) in writing, and (b) deemed to <br />have been provided (i) (1) forty-eight (48) hours after being sent as certified or registered mail in <br />the United States mails, postage prepaid, return receipt requested, or (2) the next business day <br />after having been deposited (in time for delivery by such service on such business day) with <br />Federal Express or another reputable national courier service, or (3) upon having been sent by <br />email, so long as an original copy is also sent for next business day delivery pursuant to clause <br />(b)(i)(2) above, in each case to the address of such party set forth hereinbelow or to such other <br />address in the United States of America as such party may designate from time to time by notice <br />to each other party hereto, or (ii) upon being given by hand or other actual delivery to such party. <br />If this Lease provides for notices to the Tenant to be sent to more than one address, no such <br />notice shall be effective unless and until it is sent to each such address. The initial addresses of <br />the parties shall be as follows: <br />Landlord: Meritex-Elk River, LLC <br />Attn: Daniel K. Williams & Keith W. Baker <br />24 University Avenue NE, Suite 200 <br />Minneapolis, MN 55413 <br />Email: dwilliams@meritex.com & kbaker@meritex.com <br />With a copy to: David E. Kirkman <br />Ravich Meyer Kirkman McGrath Nauman & Tansey, P.A. <br />33 <br />