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3.9. SR 01-09-2006
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3.9. SR 01-09-2006
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<br />5) Lessee shall not encumber or assign this Lease or sublet the premises or any part <br />thereof without prior written consent of Lessor. No action of Lessor in collecting rent <br />from any subtenant, assignee, or occupant shall constitute a waiver hereof. <br /> <br />6) Lessee agrees to hold Lessor harmless and to assume full liability for any loss or <br />damage whatsoever to any person or property occurring on or in said premises and <br />arising out of, by reason of, or during Lessee's use, possession, and occupancy of the <br />premises, except such loss or damage to persons other than Lessee caused by sole <br />negligence or intentional acts of Lessor or of third persons. <br /> <br />7) If Lessee shall default in making any payments after reasonable notice or in <br />keeping and performing the terms and conditions of this Lease or shall abandon or fail to <br />use or occupy the premises or shall become bankrupt or insolvent, Lessor may reenter <br />premises immediately and take possession thereof and at its option, terminate this Lease <br />with respect to all future rights of Lessee, and Lessee hereby expressly waives any notice <br />in writing of intention to reenter. Lessee will indemnify Lessor against all loss of rents <br />and other payments which may accrue by reason of such termination, including all legal <br />fees and expenses incurred in enforcing any of the terms of this Lease. <br /> <br />8) In case the building or any part thereof is destroyed or partially destroyed by fire <br />or other casualty not arising from the fault or negligence of Lessee or those employed by <br />Lessee, Lessor shall repair the damage within a reasonable period of time, due allowance <br />being made for delays beyond control of Lessor, and rent shall abate proportionately to <br />the extent that the premises are untenantable, but in the event the damage shall be so <br />extensive that building and/or premises cannot be substantially restored within ninety <br />(90) days, either Lessor or Lessee shall have the option to terminate this Lease upon <br />thirty (30) days' written notice to the other from date of damage, whereupon this Lease <br />shall terminate and Lessee shall pay rent up to date of damage, and thereafter both Lessor <br />and Lessee shall be free and discharged of all further obligations hereunder. <br /> <br />9) Lessor or its agent shall have reasonable rights of entry for the performance of <br />any of its obligations hereunder, including right to show premises to a prospective tenant <br />or buyer, but no obligation to repair shall be implied from such right or such entry. <br /> <br />10) Each of the parties hereto agrees, at least sixty (60) days before the expiration of <br />this Lease, to give the other party notice in writing of intention not to renew or to extend <br />this Lease, and in case neither party heretofore gives such notice, this Lease shall stand <br />renewed for a further period of one year from the date of its expiration, with all terms and <br />conditions herein expressed, including this renewal clause, which shall apply to five (5) <br />such future renewals of this Lease. <br /> <br />11) All notices, demands, and communications under the terms and conditions of this <br />lease shall be given in writing and sent by registered mail to Rich Czech, 1000 School <br />Street, Elk River, MN 55330 on behalf of Lessor; and to John McLaughlin, PO Box 193, <br />Elk River, MN 55330 on behalf of Lessee, as the case may be, or to such other addresses <br />as may from time-to-time be requested by Lessor or Lessee. <br />
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