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8 <br />NE136-36-895631.v2 <br /> <br />9.3 If Landlord defaults in the performance of the conditions or covenants of this Lease, <br />Tenant, in addition to all other remedies now or hereafter afforded or provided by law, may at its <br />election, perform such covenant or agreement for or on behalf of Landlord or make good any such <br />default and any amount or amounts which Tenant shall advance pursuant thereto shall be repaid <br />by Landlord on demand, and if Landlord does not repay any such amount or amounts upon <br />demand, Tenant shall have the privilege of deducting same from the next installment or <br />installments of rent to accrue under this Lease. All of the remedies given to Tenant in this Lease <br />or by law shall be cumulative, and the exercise of one right or remedy by Tenant shall not impair <br />its right to exercise any other right or remedy. <br /> <br /> ARTICLE X - MISCELLANEOUS PROVISIONS <br /> <br />10.1 HOLDING OVER. If either party terminates this Lease and in the event that Tenant <br />continues to occupy the Leased Space after the expiration of the Term of this Lease hereof without <br />entering into a new lease hereof said tenancy shall be construed to be a “tenancy from month to <br />month” upon all of the other terms and conditions herein contained. <br /> <br />10.2 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of <br />which, when bearing original initials of the parties on each page and at each change in the text <br />hereof as well as original signatures at the end of the document, shall constitute an original for all <br />purposes. All previous agreements, whether oral or written, are superseded by and merged with <br />this Lease. Subsequent change shall not be binding unless reduced to writing and signed by the <br />parties hereto. <br /> <br />10.3 INVALIDATION OF PARTICULAR PROVISIONS. If any clause, term or <br />provision of this Lease, or the application thereof to any person or circumstance shall, to any <br />extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or <br />provision to persons or circumstances other than those as to which it is held invalid or <br />unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be <br />valid and be enforced to the fullest extent permitted by law. It is the intention of the parties hereto <br />than in lieu of each clause, term or provision of this Lease that is illegal, invalid, or unenforceable, <br />there be added as part of this Lease a clause, term, or provision similar to such illegal, invalid, or <br />unenforceable clause, term, or provision as may be possible and would be legal, valid, and <br />enforceable. <br /> <br />10.4 PROVISIONS BINDING, ETC. Except as herein otherwise expressly provided, <br />the terms hereof shall be binding upon and shall inure to the benefit of the successors and assigns <br />of Landlord and Tenant <br /> <br />10.5 GOVERNING LAW. The laws of the State of Minnesota shall govern the <br />interpretation, validity, performance, and enforcement of this Lease. <br /> <br />10.6 NOTICES. Any notice that is required under this Lease shall be deemed “given” <br />upon hand delivery or three days after prepaid posting in the U.S. Mail, which shall first occur. <br />Notice shall be addressed to: <br /> <br />Landlord: Devin Massopust, City Manager