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<br />upon the said prem' ,es which may make void or voidable any insurance of
<br />the said premises or, jildingagainst fire or may renderany increased orextra
<br />premium payable foranysuch insurance: that no rubbish• dirt, orsweepings
<br />shall be allowed to accumulate in or on said leased premises or be put in the
<br />streets or passageways adjoining said leased premises, but the same shall be
<br />removed from the leased premises and from said streets and passageways by
<br />Lessee: that Lessee shall not sell nor allow to be sold any intoxicating liquors
<br />upon said premises unless the sale thereof is permitted by law and also said
<br />premises are rented for such express purpose hereunder, and that Lessee will
<br />not do any act or bring any thing in or upon said premises, or the building of
<br />which said premises form a part, or the sidewalks, loading dock or alleyways
<br />adjacent thereto, which will in any way interfere with the rights of other
<br />tenants in said building or injure or annoy them.
<br />5. Lessee covenants not to make, orcause to be made, any improvements,
<br />additions or alterations to or upon said leased premises without having first
<br />secured the written consent thereto of Lessor, it being expressly understood
<br />that in the event any improvements, additions or alterations are made to or
<br />upon said leased premises with the consent of Lessor, Lessee shall pay for the
<br />same, and no obligation to pay any part thereof shall rest upon Lessor and
<br />that any such improvements, additions or alterations shall become a part of
<br />the demised premises and the property of Lessor, unless the Lessor sees fit to
<br />have the Lessee remove such improvements and require file Lessee to restore
<br />the said premises to their former condition. Lessee covenants to pay as they
<br />become clue alljust claims for labor, skill, and materials used in making any
<br />such additions, alterations, or improvements and to indemnify and save
<br />Lessorand the leased premises harmless of and from all costs, expenses, and
<br />damages, including reasonable attorneys' fees and costs of suit, arising out of
<br />orconnected with any statutory or other liens against said leased premises or
<br />the building whereof they arc a part for or on account of such labor, skill, and
<br />materials. For the further protection of Lessor, Lessee covenants, upon
<br />request therefor by Lessor, to secure and furnish a bond with surety or sureties
<br />thereon satisfactory to Lessor, indemnifying Lessoragainst all such loss, cost,
<br />and expense, including reasonable aflorncys' fees and costs of suit, by reason
<br />of statutory or other liens against said leased premises or said building for or
<br />on account of such labor, skill, and materials used in making any such
<br />improvements, alterations or additions.
<br />6. Lessee covenants that all property of any kind that may be on the said
<br />((++remises shall be at the sole risk of Lessee or those claiming through or under
<br />t_csscc, and Lessor shall not be liable to Lessce, or to any other person, for
<br />injury, loss, or damage to any person or property in or upon file said prcrnises
<br />or the building of which the demised premises are a part, or for the equip-
<br />ment, fixtures, appliances, or machinery in or upon the sane or the halls,
<br />passageways, areas, areaways, and sidewalks or streets adjoining or ap-
<br />purtcnaant to the same being or becoming out of repair ordefcctive or due to
<br />happening of any accidents, ho%wcyer occurring, or due to any net or the
<br />neglect of Lcsscc or any other person, persons, or corporation. or clue to the
<br />bursting of pipes, or caused by the use or misuse of any instrumentality in or
<br />connected \with file said demised prcrniscs or the building of which they area
<br />part, or occasioned by any nuisance made or suffered to occur thcrron or
<br />therein. And I.essce assumes all liahility and obligation on account of all
<br />damagcsarisingout of the nmltcrsand thingsabovc referred to and covcnan1%
<br />to hold Lessor harmless and indemnified front all %rich injury, I•i%%, or damage.
<br />The foregoing provision% shall apply especially, hilt not rxclu%ivcly, to
<br />damage caused by water, snow, rain, backing up of water mains or %ewers,
<br />frost, sienna, sc%%rrage. gas, or odors of any kind, elccuicily and electric
<br />current or by the bursting, stoppage, or leakage or leaking of waiter pipes or
<br />radiators, plumbing, and fixtures in or about tire said prrnti%c% or the building
<br />of which the derni%cd premises arc a part.
<br />7. Lessee ro%cnants-
<br />(a) I o keep the roof, %Irps and %idc%%alk%and p;%%aagr%%a%s holderr•tg
<br />upon said leased prcmi%r%( %%here leased %pace bordet% upon a sidc%taalk or
<br />pa%%age%aa%) it all time% free from ice and %nO%% and other obstruction% or
<br />thing, awhich in the opinion of the Le%%or are objrclionahlr:
<br />(h) 1 hat Lewe or any other person or pc%on%Claiming under I.r%%cc
<br />%%ill a%r the Malls, slrpi, pawigc%%;ay%, little[ room%, and thick tars in the
<br />building of awhich %,aid Ira%rd prenu%r%arc it parr %ubjrci t" %rich rule%;%
<br />rn;%%• from time to time be made h% Lc%%or for the general cart% and
<br />Con\cnirncc of the o\airrr%, occupants, or Irnatnt% of said building and
<br />Lc%see %haall br ohligatrd lu make sorb chit ngr%, uI its oar n r\prn\r, to lhr
<br />demised prcmises that may he onlrrrtl b% tut% go%e►nntrntal agency.
<br />8. t.r%%cr co%rnant%that I rs%or %hall have llar light to placc %uitaatile card%
<br />in the windo\\%of the dermwd pirnnisr%and %hu%%%aid premise%fur Icttingal
<br />reasonable time%during Ihtrr(!) months prr\iou%to the termination of thi%
<br />Ica%r, or any r.\Irnsion thereof, ;told that i.r%soi, tit it% authorised aCcnlc.
<br />scr%anl%, or atiorncya, and any conirartoi%. huildrr%. or materiaf r,
<br />employed by I Osot. and their ,lgetil% and %cr\ani ma-. ,i .,• .
<br />rcasonaable tiotesrnirt to \ir%\ or c\anlinr Uac I ;, i a,r..,,.
<br />so elect%, to make reptairs thcrrin and %tielr nnpi ,n, it,, w
<br />Lessor %hall %rein propel and to rrnlo\c placards and sigh, n, end
<br />affixed a% hrrrin p►o%ided: it being r%ptcs%l% understood and agrccd that
<br />l es.ur shall brand i% tinder nu ohligatiun to nuikr;ray rt•pai%rmless paragraph
<br />2 of Lessor'% Co%rnants hereof is ;applicable and, if applicable, then I "%or
<br />shall be obligated to stake ncccssar\• repairs to only "%tructtit al pact%"its that
<br />phra%c is in said paragraph dclinetl.
<br />9, I.c%sce covenants that all goods, chattels, li\lurc%, stock in trade, and
<br />accounts tecciv;rblc belonging to the Lessee shall he ai all tinnes hound and
<br />charged \%iih a lien in favor of Le -or said licit to extend lilt all rents
<br />hereunder and the fulfillment Of any Other cu%enunf% or agreements herein
<br />re%erved, and that, in Case of delauiI by I c%sce, Les%oi may icnio%c, pail or
<br />all of Lessee's property and sell the sane of any part thereof, at au pri\atr or
<br />public sale, without gi\ing notice of any kind to Lessce or being liable to
<br />Lessee in an% \%ay on account of such sale or remu%al of ,goods, and al,plY the
<br />procec(Is obtained from such sale, first to the payment of the costs of suth
<br />removal and of advertising and conducting such %ale, file remainder to he
<br />retained by Lessor for any charges %%hich it nuuy have against Lcsscc, any
<br />balance thereafter remaining to he paid to Lessce. I he Lessor nrry file a
<br />photostatic copy of this lease with the proper (if lice, icquired for the liling of it
<br />Financial Statement as to chattels, and shall hank the ;,line force and effect as
<br />a I•inancial Statement. Upon the request of the I.essor, the I.cssec %will
<br />execute a Financial Statement, as prescribed by the Statutes of the State of
<br />Minnesota, to he filed by Lessor, to carry out the intent of the paragraph of
<br />this lease.
<br />10. Lessee acknowledges that there are in effect federal, state and local
<br />laws, regulations and guidelines, and that additional and other Ihws, regula-
<br />tions and guidelines may hereafter be enacted or go into effect, roelating to or
<br />affecting the leased premises or the building in which the demised premisefarc
<br />located, and concerning the impact on the environment and/or energy
<br />sources, construction, land use, the maintenance and operation of structures,
<br />and the conduct of business. Lessee shall not cause, or permit to be caused,
<br />any act or practice, by negligence, ommission, or otherwise, that would
<br />adversely affect the environment, waste energy, or do anything to be done
<br />that would violate any of said laws, regulations, orguidelines. In the event of
<br />violation of this covenant, Lessor, at its option, may treat such violation as
<br />an event of default constituting a breach by the Lessce of this lease. Lessee
<br />shall have no claim against Lessor by reason of any physical or operational
<br />changes Lessor may make in the leased prcmises pursuant to said laws, regula-
<br />tions and guidelines. In event, by virture of any change in said laws regulations
<br />or guidelines referred to in this paragraph, certain physical changes are
<br />required in the demised premises, Lessee shall pay its proporationate share of
<br />any cost incurred by said Lessor.
<br />11. Lessee further covenants and agrees to pay all reasonable attorneys'
<br />fees and expenses of Lessor incurred in enforcing any of the terms of this
<br />lease, if Lessor prevails.
<br />LESSOR'S COVENANTS
<br />I. It shall be the Lessors responsibility to maintain Fire and Extended
<br />Coverage insurance on the building of which these demised premises arc a
<br />part.
<br />2. i3y "structural parts" as referred to in paragraph numbered R above,
<br />Lessor cove naFit sit t its own cost and expense to keep in rcpair the structural
<br />parts of said building, "structural parts" as that phrase is used herein, consists
<br />of the foundation, exterior masonry walls and roof, in good repair, The
<br />Lessor, however, shall not be require(! to make any such repairs which
<br />become necessary by reason of the negligence of Lcsscc, its agents, servants
<br />or employees. In all other respects, the leased premises, including, but not
<br />limited to the doors, windows, electrical, mechanical and plumbing equip-
<br />ment, shall at all times be kept in good order, condition and rcpair by Lessee.
<br />MUTUAL COVENANTS
<br />It is mutually co%cnanted:
<br />I. In case the said premises, or any part thereof. or the whole or arty part
<br />of the building of which t hcy arc a part, shall, after the execution hereof and
<br />before the expiration of said terns, be destroyed or partially destroyed or
<br />damaged by fire, windstorm or other unavoidable casualtyso that the leased
<br />prerniscs, in whole or in part, are unfit for occupancyand use, then this lease
<br />and the said term shall terminate at the election of the Lessor, provided,
<br />however, that if Lessor sloes not tca iiinatc this Ica%c and the term thereof.
<br />then I.c%scc may terminate this least .and the said term by written notice
<br />dcli%cicd at the usual place designated by the Lessor for the payment of rent
<br />within for iy(40) days from the date of such destruction ordamage, if aithi•i
<br />thirty (30) day% of said destruction of damage said Lc%sor has not cnlcrc�.
<br />into ;I contract %%i1h a tesponsibic party. or parties, providing for the sub-
<br />%tantial rc%Ioiation or repair of said prcrniscs. %%ithin one hundred fifty(150)
<br />days from the (title of such destruction or damage, it bring understood that
<br />(file alio%%ancc may be made in am• such contract for delays in making such
<br />rrsloration or repairs %%here such delays arc due to or caused by what are
<br />conunoniy kno%%n as" Labor lrmuhlc%" or by a %hortagc of accessary materials
<br />or inability to %scum %uch materials. If %aid Ica%c and said lean are not so
<br />irrnunatcd by cilhcr I.r%%or or l.r%%cc, then, incase of any suchdc%lruction of
<br />or damage it, the Ira%cd prcmi%r%,,l jti%t proportion of the rent licicinbcforc
<br />ic%ri wed according to the naltirr and extent of file injury or damage %ustnined
<br />by the Ieaa%cd prrnti%c%♦hail be %u%prndrd or abated until the let,%ed premises
<br />%hall ha%c been put in proper condition for u%c ;and occupancy. 11, hn%%e%cr,
<br />111i% Ira%r and %raid Irtnt be Irruninaatcd pur%u;a»t hereto by cilhcr Lcssor or
<br />I "%cc, Own Ici urination %hall hr a% of Ihr date of %rich doom union or darnagc
<br />and each of the paitir% hereto %hall be rrlea\rd and discharged of all liability
<br />and obligation hereunder, one to the other, a% of said date.
<br />2 II i%r\pre%%ly undrr%food and agrcrd that I.rc%or,-.1%ca%loa% lirrein be
<br />r%pic%%I% pro%idrd, %hall be under no obligation %%hat%oe%rr during fire terns
<br />of Ihi% Ir,l%r ur any c%irn%ioIl thereof It, paint, paper, or decorate said Ica%rd
<br />prrnn%r% or any pat there()[ and that, if Lessce do%ices to ha%r said Ira%rd
<br />prrnti%r% oI any part [lirrrol painted, papeted, or decorated, Lcs%ce %hall
<br />%retire the %%tittrn con%cnl of (.r%% or thrrclo, aid upon such consent being
<br />secured, shall cause %rich painting, papering, or decorating to be done a1
<br />I secs'% solrco%t and r\prn%r and %hall, as aforcmid, pray a%they hccomeduc
<br />.111 Just c•Iaitit% fill labor, %kill, tit material% lurni%hrd or u%rd in connection
<br />thcrc%%ith and fully indrntiiifyand %awe harmless Lessor ()(and frontal) loss.
<br />costs. and r\prn%r, including rraa%onable allorne\ti firs, by reason of nn\
<br />statutor\ or other hrn%again%t %acid leased premise%for of on account of the
<br />f urni%hing and u\r of labor. skill,and malrtial%. And it is further understood
<br />and agreed that in connection \%ith any %rich papering, painting, or decorat-
<br />ing, I.r%sor, at its option, Wray irquirc t.r%sir lO furnish it bond conditioned
<br />It)[ the fall indcnaiaification of I r%sor and the staving harniles%of %aaitl Ira%ed
<br />preuati%rs of and from the afoac%aid los%, costs, and r\prnse. including
<br />reasonable aUorne\ %' fees and cost% of suit, afi%ing out of any such lien%, tiresutcty or surctirs thcrron it, lie.ati4actory Io Lcssor.
<br />1. Any and all advet tising or di%phay signs %%hick may hays been attached
<br />Or arlli\cd h% I.rssce to ally part of the demised premises or the building
<br />ahcreot %rich premises are :t part shall he tcino%ed by I.r%sec of I.rsscc's sole
<br />cult and expense \%ithin lillccn( l5)day%alter the termination ofthis (case by
<br />e\piration Of time or mher\\i%e, and any damages stone it, s,Iitl leased
<br />picnti%cs or building by reason of the alfixing or rento\:al of any such sign
<br />shall he promptly repaired at Lessee's sole cost and expense. If lessee shall
<br />fail so to rename %raid sign or signs \%ithin the time herein provided, Lessor
<br />rnay. and it is hereby authorised to. do so and store the same, if necessary,
<br />and Lessee shall reinibur%e I.c%sor, immediately upon demand being made
<br />therefor by Lessor, foraallcostsand expense connected with orarrisingout of
<br />such ucnu,\al and %torage. If I.essee shall fail to repair promptly any and all
<br />damage done to the leased premises or said building by reason of the affixing
<br />of any such signs ur the renio\al therefrom as aforesaid, Lessor Wray, a old it is
<br />hereby authorised Io, cause such damage to be repaired, and upon demand
<br />being made therefor upon Lessec the latter shall proniptly reirnhurse Lessor
<br />for all costs and expense incident to the repair of all such damages.
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