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<br />any such sum or sums with interest as aforesaid and the Landlord shall have the same rights and remedies <br />in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of <br />the Base Rent payable under this Lease. <br /> <br />35.0 GENERAL: <br /> <br />a. The Lease does not create the relationship of principal and agent or of partnership or of joint <br />venture or of any association between Landlord and Tenant, the sole relationship between the <br />parties hereto being that of Landlord and Tenant. <br /> <br />b. No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to <br />take any action on account of such default if such default persists or is repeated, and no express <br />waiver shall affect any default other than the default specified in the express waiver and that only <br />for the time and to the extent therein stated. One or more waivers by Landlord shall not then be <br />construed as a waiver of a subsequent breach of the same covenant, term or condition. The <br />consent or approval by Landlord of any act by Tenant requiring Landlord's consent or approval <br />shall not waive or render unnecessary Landlord's consent to or approval of any subsequent <br />similar act by Tenant. No action required or permitted to be taken by or on behalf of Landlord <br />under the terms or provisions of this Lease shall be deemed to constitute an eviction or <br />disturbance of Tenant's possession of the Demised Premises. All preliminary negotiations are <br />merged into and incorporated in this Lease. The laws of the State of Minnesota shall govern the <br />validity, performance and enforcement of this Lease. <br /> <br />c. This Lease and the exhibits, if any, attached hereto and forming a part hereof, constitute the <br />entire agreement between Landlord and Tenant affecting the Demised Premises and there are no <br />other agreements, either oral or written, between them other than herein set forth. No subsequent <br />alteration, amendment, change or addition to this Lease shall be binding upon Landlord or <br />Tenant unless reduced to writing and executed in the same form and manner in which this Lease <br />is executed. <br /> <br />d. If any agreement, covenant or condition of this Lease or the application thereof to any person or <br />circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the <br />application of such agreement, covenant or condition to persons or circumstances other than <br />those as to which it is held invalid or unenforceable, shall not be affected thereby and each <br />agreement, covenant or condition of this Lease shall be valid and be enforced to the fullest extent <br />permitted by law. <br /> <br />e. The captions are inserted only as a matter of convenience and for reference, and in no way <br />define, limit or describe the scope of this Lease nor the intent or any provision thereof. <br /> <br />f. Submission of this instrument to Tenant or proposed Tenant or his agents or attorneys for <br />examination, review, consideration or signature does not constitute or imply an offer to lease, <br />reservation of space, or option to lease, and this instrument shall have no binding legal effect <br />until execution hereof by both Landlord/Owner and Tenant or its agents. <br /> <br />Lease - Synergy Motor 6-4-02 <br />06/06/02-3:08 PM <br /> <br />15 <br />