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<br />NE136-36-895631.v2
<br />(f) Tenant shall not use or permit the Leased Space to be used for any purpose or
<br />purposes other than that set forth in Section 3.1 hereof;
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<br /> ARTICLE IV - MAINTENANCE AND REPAIRS
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<br />4.1 TENANT’S MAINTENANCE AND REPAIRS. From and after the date that
<br />possession of the Leased Space is delivered to Tenant, and until the end of the term hereof,
<br />Landlord will be responsible for all repairs, maintenance, and replacements to the Leased Space
<br />including, but not limited to, structural repairs and replacements, the interior and exterior portions
<br />of all doors, windows, plate glass, locks, frames, hardware and showcases surrounding and
<br />incorporated into the Leased Space; the mechanical plumbing, heating, air conditioning, and
<br />cooling, ventilating and electrical equipment and systems; lighting fixtures and ballasts, partitions,
<br />and all other fixtures, appliances, and facilities furnished by Landlord. Tenant shall not be
<br />responsible for repair or damage to the Leased Space or the Community Center caused by the
<br />negligence of Landlord, its employees or agents but shall be responsible for any repair or damage
<br />to the Leased Space or the Community Center caused by the negligence of Tenant, its employees,
<br />guests, invitees, or agents. Tenant shall be required to pay for any structural repairs, alterations,
<br />or unscheduled improvements to the Leased Space that are required by governmental rules, orders,
<br />or regulations as a result of Tenant’s use and or occupancy of the Leased Space. Any and all such
<br />repairs, alterations, or improvements shall require prior approval of Landlord. Landlord may
<br />inspect the Leased Space to ensure Tenant’s compliance with the above and foregoing
<br />requirements. Tenant accepts the Leased Space as being in good and sanitary order, condition, and
<br />repair.
<br />
<br />4.2 SURRENDER OF PREMISES. At the expiration or termination of this Lease,
<br />Tenant shall surrender the Leased Space in the same condition as existed on the commencement
<br />date of this Lease, ordinary wear and tear excepted. All fixtures, structural alterations, or
<br />improvements that have become attached to the Leased Space, except trade fixtures, shall become
<br />a part of the Leased Space and shall become the property of Landlord. Further, within 90 days
<br />prior to the expiration of the Term, Landlord shall, during reasonable business hours and upon
<br />reasonable notice to Tenant, have the right to show the Leased Space to third parties for the purpose
<br />of again leasing same.
<br />
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<br /> ARTICLE V – UTILITIES and MAINTENANCE
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<br />5.1 UTILITIES. Landlord shall be responsible for providing all garbage and refuse
<br />collection, recycling, custodial care, and utilities during the Term of this Lease, and any extension
<br />thereof. Landlord will provide Tenant with a copy of the certification required by Minnesota
<br />Statutes Section 115A.9302
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<br />5.2 CHARGES. Tenant shall pay for all utility services, including gas, electricity, domestic
<br />water, and sewer furnished to Tenant for use in the Leased Space. Such services shall be charged
<br />at a flat rate of 2.6 percent of utility costs incurred by Landlord for the Community Center.
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<br />5.3 SUPPLY OF UTILITY CHARGES. Landlord shall not accept responsibility for
<br />repairing any failure or defect in the supply or character of electricity, water, sewer, or gas
<br />furnished due to any change, requirement, act, neglect, or omission of the public utility serving the
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