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<br />5. Lessee covenants not to make, or cause to be made, any im-
<br />provements, additions or alterations to or upon said leased premises
<br />without having first secured the written consent thereto of Lessor, it
<br />being expressly understood that in the event any improvements, addi-
<br />tions or alterations are made to or upon said leased premises with
<br />the consent of Lessor, Lessee shall pay for the same, and no obliga-
<br />tion to pay any part thereof shall rest upon Lessor and that any such
<br />improvements, additions or alterations shall become a part of the
<br />demised premises and the propefty of Lessor. Lessee covenants to
<br />pay as they become due all just claims for labor, skill, and materials
<br />used in making any such additions, alterations, or improvements and
<br />to indemnify and save Lessor and the leased premises harmless of and
<br />from all costs, expenses, and damages, including reasonable attorneys'
<br />fees and costs of suit, afising out of or connected with any statutory
<br />or other liens against said leased premises or the building whereof
<br />they are a part for or on account of such labor, skill, and materials.
<br />For the further protection of Lessor, Lessee covenants, upon request
<br />therefor by ,Lessor, to secure and furnish a bond with surety or
<br />sureties thereon satisfactofY to Lessor, indemnifying Lessor against
<br />all such loss, cost, and expense, including reasonable attorneys' fees
<br />and costs of suit, by reason of statutory or other liens against said
<br />leased pfemises or said building for or on account of such labor, skill,
<br />and materials used in making any such improvements, alterations or
<br />additions.
<br />
<br />6. Lessee covenants that all property of any kind that may be on
<br />the said premises shall be at the sole risk of Lessee or those claiming
<br />through or undef Lessee, and Lessor shall not be liable to Lessee, or
<br />to any other person, for injury, loss, or damage to any person or
<br />propefty in or upon the said premises or the building of which the
<br />demised premises are a part, or for the equipment, fixtufes, appli-
<br />ances, Of machinery in or upon the same or the halls, passageways,
<br />areas, areaways, and sidewalks or streets adjoining or appurtenant
<br />to the same being or becoming out of repair or defective or due to
<br />happening of any accidents, however occurring, or due to any act or
<br />the neglect of Lessee Of any other person, persons, or corporation, or
<br />due to the bursting of pipes, or caused by the use or misuse of any
<br />instrumentality. in or connected with the said demised premises or
<br />the building of which they are a part, or occasioned by any nuisance
<br />made Of suffefed to OCCUf thereon 0r thefein. And Lessee assumes
<br />all liability and obligation on account of all damages afising out of
<br />the matters and things above referred to and covenants to hold
<br />Lessor harmless and indemnified from all such injury, loss, or dam-
<br />age. The foregoing provisions shall apply especially, but not exclu-
<br />sively, to damage caused by water, snow, rain, backing up of water
<br />mains Of sewers, frost, steam, sewerage, gas, or odors of any kind,
<br />electricity and electfic current Of by the bursting, stoppage, or leak-
<br />age or leaking of water pipes or radiators, plumbing, and fixtufes in
<br />or about the said pfemises or the building of which the demised
<br />pfemises are a part.
<br />
<br />7, Lessee covenants:
<br />(a) To keep the foof and sidewalks and passageways border-
<br />ing upon said leased pfemises (whefe leased space bordefs upon a
<br />sidewalk or passageway) at all times free from ice and snow and
<br />other obstructions Of things which in the opinion of the Lessor are
<br />objectionable;
<br />(b) That Lessee or any othef person or persons claiming
<br />under Lessee will use the halls, passageways, toilet rooms, and
<br />alleys in the building of which said leased premises are a part sub-
<br />ject to such rules as may from time to time be made by Lessor
<br />for the general safety and convenience of the owners, occupants,
<br />or tenants of said building.
<br />
<br />8, Lessee covenants that Lessor shall have the right to place suit-
<br />able cards in the windows of the demised premises and show said
<br />pfemises for letting at reasonable times during three (3) months
<br />previous to the termination of this lease, or any extension thereof,
<br />and that Lessof, or its authofized agents, servants, Of attorneys, and
<br />an~ contractors, builders, Of matefial men employed by L.essof, and
<br />their agents and servants, may at any and all reasonable tImes enter
<br />to view Of examine the leased premises, and, if Lessor so elects, to
<br />make repaifs therein and such improvements and changes as to
<br />Lessor shall seem proper and to remove placards and signs not ap-
<br />proved and affixed as herein provided; it being expressly understood
<br />and agreed that LeSSOf shall be and is under no obligation to make
<br />any fepairs unless paragraph 2 of Lessor's Covenants hereof is ap-
<br />plicable and, if applicable, then Lessor shall be obligated to make
<br />necessary repaifs to only "structural parts" as that phrase is in said
<br />paragraph defined.
<br />
<br />9, Lessee covenants that all goods, chattels, fixtures, stock in
<br />trade, and accounts receivable belonging to the Lessee shall be at all
<br />times bound and charged with a lien in favor of Lessor, said lien to
<br />extend for all fents hereundef and the fulfillment of any other cove-
<br />nants Of agreements herein reserved, and that, in case of default by
<br />Lessee. Lessor may remove, part Of all of Lessee's propefty and sell
<br />the same or any part thefeof, at a pfivate or public sale, without
<br />giving notice of any kind to Lessee or being liable to Lessee in any
<br />way on account of such sale or removal of goods, and apply the pro-
<br />ceeds obtained from such sale, first to the payment of the costs of
<br />such removal and of advertising and conducting such sale, the re-
<br />mainder to be retained by Lessor for any charges which it may have
<br />against Lessee, any balance thereafter remaining to be paid to Lessee.
<br />The Lessor may file a photostatic copy of this lease with the proper
<br />office, requifed for the filing of a Financial Statement as to chattels,
<br />and shall have the same force and effect as a Financial Statement.
<br />Upon the request of the Lessor, the Lessee will execute a Financial
<br />Statement, as prescribed by the Statutes of the State of Minnesota,
<br />to be filed by Lessor, to caffY out the intent of the paragraph of this
<br />lease.
<br />
<br />10. Lessee further covenants and agrees to pay all attorneys' fees
<br />and expenses of Lessor incurred in enforcing any of the terms of this
<br />lease,
<br />LESSOR'S COVENANTS
<br />I. Lessor covenants that it has good right and title to make this
<br />lease and that if Lessee shall well and truly perform the covenants,
<br />terms and conditions hereof by Lessee to be kept and pefformed,
<br />Lessee shall have and possess the demised premises peaceably and
<br />quietly during the term hefeby created, subject, howevef, to prior
<br />termination, as in this lease provided, for the uses and purposes here-
<br />in contemplated.
<br />
<br />2. By "structural parts" as referred to in paragraph numbered 8
<br />above, Lessor covenants at its own cost and expense to keep in repair
<br />the structural parts of said building, "structural parts" as that phrase
<br />is used herein, consists of the foundation, extefior masonry walls and
<br />roof, in good repair. The Lessor, however, shall not be required to
<br />make any such repaifs which become necessary by reason of the
<br />negligence of Lessee, its agents, servants or employees, In all other
<br />respects, the leased premises, including, but not limited to the doors,
<br />windows, electrical, mechanical and plumbing equipment, shall at all
<br />times be kept in good order, condition and repair by Lessee,
<br />
<br />MUTUAL COVENANTS
<br />
<br />It is mutually covenanted:
<br />
<br />1, In case the said premises, or any part thereof, or the whole or
<br />any part of the building of which they are a part, shall, after the
<br />execution hereof and before the expiration of said term, be destroyed
<br />or partially destroyed or damaged by fire, windstofm or other un-
<br />avoidable casualty so that the leased premises, in whole or in part,
<br />are unfit for occupancy and use, then this lease and the said term
<br />shall terminate at the election of the Lessor, provided, however,
<br />that if Lessor does not terminate this lease and the term thereof,
<br />then Lessee may terminate this lease and the said term by written
<br />notice delivered at the usual place designated by the Lessor for the
<br />payment of rent within forty (40) days from the date of such de-
<br />struction or damage, if within thirty (30) days of said destfuction
<br />or damage said Lessor has not entered into a contract with a respon-
<br />sible party, or parties, providing for the substantial restoration or
<br />repair of said premises within one hundred fifty (150) days from
<br />the date of such destruction or damage, it being understood that due
<br />allowance may be made in any such contfact for delays in making
<br />such restoration or repairs where such delays afe due to or caused by
<br />what are commonly known as "labor troubles" or by a shortage of
<br />necessary materials or inability to secure such materials. If said lease
<br />and said term are not so terminated by either Lessor or Lessee, then,
<br />in case of any such destruction of or damage to the leased premises,
<br />a just proportion of the rent hereinbefore reserved according to the
<br />nature and extent of the injury or damage sustained by the leased
<br />premises shall be suspended or abated until the leased premises shall
<br />have been put in proper condition for use and occupancy. If, how-
<br />ever, this lease and said term be terminated pursuant hereto by either
<br />Lessor or Lessee, then termination shall be as of the date of such
<br />destruction or damage and each of the parties hereto shall be released
<br />and discharged of all liability and obligation hereunder, one to the
<br />other, as of said date.
<br />
<br />2. It is expressly understood and agreed that Lessor, save as may
<br />herein be expressly provided, shall be under no obligation whatsoever
<br />during the term of this lease or any extension thereof to paint,
<br />paper, or decorate said leased premises or any part thereof and that,
<br />if Lessee desires to have said leased premises or any part thereof
<br />painted, papered, or decorated, Lessee shall secure the written con-
<br />sent of Lessof thefeto, and upon such consent being secured, shall
<br />cause such painting, papering, or decorating to be done at Lessee's
<br />sole cost and expense and shall, as aforesaid, pay as they become due
<br />all just claims for labor, skill, or materials furnished or used in con-
<br />nection therewith and fully indemnify and save harmless Lessor of
<br />and from all loss, costs, and expense, including reasonable attorneys'
<br />fees, by reason of any statutory or other liens against said leased
<br />premises for or on account of the furnishing and use of labor, skill,
<br />and materials. And it is further understood and agreed that in con-
<br />nection with any such papering, painting, or decorating, Lessor, at
<br />its option, may require Lessee to furnish a bond conditioned for the
<br />full indemnification of Lessor and the saving harmless of said leased
<br />premises of and from the aforesaid loss, costs, and expense, including
<br />reasonable attorneys' fees and costs of suit, arising out of any such
<br />liens, the surety or sureties thereon to be satisfactory to Lessor.
<br />
<br />3. Any and all advertising or display signs which may have been
<br />attached or affixed by Lessee to any part of the demised premises or
<br />the building whereof such premises are a part shall be removed by
<br />Lessee at Lessee's sole cost and expense within fifteen (15) days
<br />after the termination of this lease by expiration of time or otherwise,
<br />and any damages done to said leased premises or building by reason
<br />of the affixing or removal of any such sign shall be promptly repaired
<br />at Lessee's sole cost and expense. If Lessee shall fail so to remove
<br />said sign or signs within the time herein provided, Lessor may, and
<br />it is hereby authorized to, do so and store the same, if necessary, and
<br />Lessee shall reimburse Lessor, immediately upon demand being made
<br />therefor by Lessor, for all costs and expense connected with or arising
<br />out of such removal and storage. If Lessee shall fail to repair
<br />promptly any and all damage done to the leased premises or said
<br />building by reason of the affixing of any such signs or the removal
<br />therefrom as aforesaid, Lessor may, and it is hereby authorized to,
<br />cause such damage to be repaired, and upon demand being made
<br />therefor upon Lessee the latter shall promptly reimburse Lessor for
<br />all costs and expense incident to the repair of all such damages.
<br />
<br />4, In case said premises, or any part thereof, or the whole of the
<br />building of which they are a part, shall be taken by right of eminent
<br />domain Of by other authority of law after the execution hereof or
<br />during the continuance of this lease, said lease may, at the election
<br />of Lessor, be thefeby terminated; and any and all claims and de-
<br />mands for damages or on account of any such taking shall be, and
<br />the same hefeby are assigned by Lessee to Lessor. In case this lease
<br />or any extension thereof is not so terminated, Lessor shall neverthe-
<br />less be entitled to an assignment by Lessee of all claims and demands
<br />for damages or on account of any such taking, which said claims and
<br />demands shall be, and the same hereby are, assigned by Lessee to
<br />Lessor.
<br />
<br />5. If Lessee neglects or fails to perform or observe any of the
<br />covenants contained in this lease on the part of Lessee to be per-
<br />formed or observed, or if Lessee shall be declared bankrupt or in-
<br />solvent according to law, or if any receiver or receivers of the prop-
<br />erty of Lessee be appointed, or if any assignment shall be made of
<br />Lessee's property for the benefit of creditors, or if the estate hereby
<br />created shall be taken on execution or by other process of law, then
<br />and in any of said cases (notwithstanding any license or waiver of
<br />any former bfeach of covenant, or waiver of the benefit thereof, or
<br />consent in a formet instance) Lessor lawfully may immediately, or
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