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consent of Lessor. No such subletting, assignment, or encumbrance
<br />shall release Lessee from liability for the payment or performance
<br />of its obligations under this Lease. Lessor's consent to any one
<br />instance of subletting, assignment, or encumbrance shall apply only
<br />to the specific sublease, assignment, or encumbrance transaction,
<br />and Lessor's prior consent shall be required for any subsequent
<br />sublease, assignment, or encumbrance.
<br />19. Waiver; Amendm nt. No waiver of any term, condition,
<br />covenant, provision,- or remedy hereunder or delay in the
<br />enforcement of any remedy hereunder in any one instance shall be
<br />deemed to be (i) a waiver of any other term, condition, covenant,
<br />provision, or remedy in said or any other instance, or (ii) the
<br />waiver of said waived term, condition, covenant, or provision or of
<br />said delayed remedy in any other instance. This Lease may not be
<br />amended, modified, or supplemented except by a writing, executed by
<br />the party against whom such amendment, modification, or supplement
<br />is sought to be enforced.
<br />20. Ouiet Enjoymen Lessor represents and warrants that the
<br />Leased Premises are owned or controlled by Lessor, that Lessor is
<br />empowered to enter into this Lease, and that it will warrant and
<br />defend against all lawful claims for Lessee's peaceful possession
<br />of the Leased Premises during the lease term, subject only to such
<br />conditions as are provided in this Lease, so long as Lessee keeps
<br />and performs promptly each of the terms, covenants, and conditions
<br />of this Lease to be performed or kept by it.
<br />21. Notice Any notice required or permitted hereunder shall
<br />be given in writing, and shall be deemed given when mailed,
<br />certified or registered mail, postage prepaid, addressed as
<br />follows:
<br />If to Lessor: City of Elk River
<br />13065 Orono Parkway
<br />P.O. Box 490
<br />Elk River, MN 55330-0490
<br />If to Lessee: Elk River Youth Hockey Association
<br />Elk River, MN 55330
<br />Either party may, by proper notice, change its address hereunder.
<br />22. Severabilitv_. If any term, condition, covenant, or
<br />provision of this Lease or the application thereof to any circum-
<br />stance shall, to any extent, be held by a court of competent
<br />jurisdiction or by any authorized governmental authority to be
<br />invalid., void, or unenforceable, the remainder of this Lease shall
<br />DXB 136770 - 5 -
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