Common use of WAIVER AND INDEMNITY Clause in Contracts

WAIVER AND INDEMNITY. Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant hereby release one another and their respective partners, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesota.

WAIVER AND INDEMNITY. Notwithstanding anything apparently Except for Landlord's negligence or willful misconduct, Landlord shall not be liable for injury or damage to the contrary in this Leaseperson or property of Tenant, Landlord and Tenant hereby release one another and their respective partnersTenant's employees, officers and employees from contractors, invitees, customers or any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant person in or about the Premises from any cause whatsoever, and Landlord shall not, in the absence of Landlord's negligence or willful misconduct, be liable for injury to Tenant's business or for any loss of income or profit therefrom. Tenant agrees to protect, indemnify and save harmless Landlord from and against any injury to or death of persons or loss of or damage to property, including without limitation, the person and property of Tenant, its agents, employees and invitees, (i) occurring on the Leased Premises or on the adjoining sidewalks, streets, alleys or ways, or (ii) in any manner directly or indirectly arising out of or in connection with the use and occupancy, or disuse, of the Leased Premises, and the Tenant shall not permit any mechanic's, material man'spart thereof, or other lien to arise any improvement now or be filed against hereafter located thereon, by Tenant or any person holding under Tenant, unless the Premises or the same results from Landlord's interest thereinnegligence or willful misconduct. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable Subject to the foregoing limitations on Landlord's liability, which shall be conditioned on each party agrees to protect, indemnify and save the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, other harmless from and against any and all such lienspenalties, charges, claims, losses, damages, expenses, liabilities, demands and causes of action, and any reasonable expenses (including attorneys' fees) incidental to the defense thereof incurred by the indemnified party, arising out of or resulting from any failure of the indemnifying party, in any respect, to comply with and perform all of the requirements and provisions of this Lease as imposed on it pursuant to the terms hereof. If the Tenant indemnified party believes it is entitled to indemnification hereunder, it shall fail so notify the indemnifying party with such notice identifying the claim as to cause such lien to be discharged which indemnification is being requested. The indemnifying party shall, within thirty ten (3010) business days after being notified sent such notice, either accept the defense of that matter, providing the filing thereof and before judgment name of counsel being retained to provide such defense, or sale thereunderdecline to accept such defense. If the indemnifying party either (a) declines to accept such defense; or (b) suggests counsel to defend unacceptable to the indemnified party, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises indemnified party may then retain its own attorney and shall be due entitled to recover its attorneys' fees if it should be determined that either (i) the indemnifying party was obligated to defend and payable by did not accept such defense; or (ii) the Tenant indemnifying party accepted such defense but proposed counsel to defend such matter that the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesotaindemnified party reasonably objected to.

WAIVER AND INDEMNITY. Notwithstanding anything apparently Except to the contrary in this Leaseextent of any injury or damage to persons or property caused by Landlord’s negligence or willful misconduct, Landlord and Tenant hereby release one another and their respective partners, officers and employees from any and all liability (shall not be liable for injury or damage to the person or property of Tenant, Tenant’s employees, contractors, invitees, customers or any other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant person in or about the Premises from any cause whatsoever, and Landlord shall not, in the absence of Landlord’s negligence or willful misconduct, be liable for injury to Tenant’s business or for any loss of income or profit therefrom. Tenant agrees to protect, indemnify and save harmless Landlord from and against any injury to or death of persons or loss of or damage to property, including without limitation, the person and property of Tenant, its agents, employees and invitees, (i) occurring on the Premises and (ii) in any manner directly or indirectly arising out of or in connection with the use and occupancy, or disuse, of the Premises, and the Tenant shall not permit any mechanic's, material man'spart thereof, or other lien any improvement now or hereafter located thereon, by Tenant or any person holding under Tenant, except to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage extent that the Land lord may incur as a result of such liens in the event the same arise results from Landlord’s reckless or are filed in contravention of the immediately preceding sentencewillful misconduct. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable Subject to the foregoing limitations on Landlord’s liability, which shall be conditioned on each party agrees to protect, indemnify and save the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, other harmless from and against any and all such lienspenalties, charges, claims, losses, damages, expenses, liabilities, demands and causes of action, and any reasonable expenses (including attorneys’ fees) incidental to the defense thereof incurred by the indemnified party, arising out of or resulting from any failure of the indemnifying party, in any respect, to comply with and perform all of the requirements and provisions of this Lease as imposed on it pursuant to the terms hereof. If the Tenant indemnified party believes it is entitled to indemnification hereunder, it shall fail so notify the indemnifying party with such notice identifying the claim as to cause such lien to be discharged which indemnification is being requested. The indemnifying party shall, within thirty ten (3010) business days after being notified sent such notice, either accept the defense of that matter, providing the filing thereof and before judgment name of counsel being retained to provide such defense, or sale thereunderdecline to accept such defense. If the indemnifying party either (a) declines to accept such defense; or (b) suggests counsel to defend unacceptable to the indemnified party, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises indemnified party may then retain its own attorney and shall be due entitled to recover its attorneys’ fees if it should be determined that either (i) the indemnifying party was obligated to defend and payable by did not accept such defense; or (ii) the Tenant indemnifying party accepted such defense but proposed counsel to defend such matter that the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesotaindemnified party reasonably objected to.

WAIVER AND INDEMNITY. Notwithstanding anything apparently to the contrary in this LeaseA. Except as otherwise set forth herein, Landlord Sublessor and Tenant hereby release one another and their respective its partners, officers affiliates, officers, directors, agents, servants and employees shall not be liable for any damage either to person, property or business or resulting from the loss of use thereof sustained by Sublessee or by other persons as a result of or in any and all liability way related to (to i) the other or anyone claiming through or under them by way of subrogation condition (structural or otherwise) of the Center or any part thereof; (ii) the occurrence of any accident or event in or about the Center, including the Sublease Space; or (iii) the act or neglect of Lessor, or of any tenant or occupant of the Center or of any other person, unless caused by (y) the negligence or wilful misconduct of Sublessor or its agents, employees or contractors or (z) the breach of this Sublease by Sublessor. This provision shall apply particularly, but not exclusively, to damage caused by gas, electricity, snow, ice, frost, steam, sewage, sewer gas or odors, fire, water or by the bursting or leaking of pipes, faucets, sprinklers, plumbing fixtures and windows, and, except as provided above, shall apply without distinction as to the person whose act or neglect was responsible for the damage and shall apply whether the damage was due to any of the causes specifically enumerated above or to some other cause of an entirely different kind. Sublessee further agrees that all personal property upon the Sublease Space, or upon loading docks, receiving and holding areas, or freight elevators of the Center, shall be at the risk of Sublessee only, and that Sublessor shall not be liable for any loss or damage covered by property insurance thereto or coverable by a customary form of policy of the insurance required by Paragraph 20theft thereof, even if such loss or damage shall have been unless caused by the fault negligence or negligence wilful acts of Sublessor, its agents, contractors or employees or by Sublessor's breach of this Sublease. Without limitation of any other provisions hereof, but subject to the provisions of Section XIII hereof, Sublessee agrees to defend, protect, indemnify and save harmless Sublessor and its partners, affiliates, officers, agents, servants and employees from and against all liability to third parties arising out of Sublessee's use of the other partySublease Space, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises this Sublease or the Landlord's interest thereinacts or omissions of Sublessee or its servants, agents or employees. The Tenant Sublessor shall save, indemnify and hold harmless, harmless Sublessee from and defend the Land lord from against all liability to third parties arising out of events described in subsection (y) or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention (z) of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesotaparagraph.

WAIVER AND INDEMNITY. Notwithstanding anything apparently to Tenant shall indemnify Landlord and hold it harmless from and against any cost, claim, action, liability or damage of any kind arising from (i) Tenant's use and occupancy of the contrary in Premises or any activity done or permitted by Tenant in, on, or about the Premises, (ii) any breach or default by Tenant of its obligations under this Lease, Landlord and Tenant hereby release one another and their respective partnersor (iii) any negligent, officers and employees from any and all liability (tortious, or illegal act or omission of Tenant, its agents, employees, invitees or contractors. The foregoing shall not apply to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered which is caused by other tenants in the Building or by Landlord's negligence or willful misconduct. Tenant shall, at its expense and with counsel satisfactory to Landlord, defend Landlord in any action or proceeding arising from any such claim, and shall indemnify Landlord against all costs and fees of any kind incurred therein. As a material consideration to Landlord for executing this Lease, Xxxxxx assumes all risk of loss, damage or injury to any person or property insurance in, on, or coverable by a customary form of policy about the Premises from any cause including, without limitation, theft. Specifically, and without limitation of the insurance required by Paragraph 20foregoing, even if such loss Landlord shall not be liable for injury or damage shall have been caused which may be sustained by the fault person or negligence property of the other partyTenant, its employees, invitees, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant any other person in or about the Premises, and caused by or resulting from fire, steam, electricity, gas, water or rain which may leak or flow from or into any part of the Tenant shall not permit any mechanic'sPremises, material man'sor from the breakage, leakage, obstruction, or other lien to arise defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning or be filed against lighting fixtures, whether such damage or injury results from conditions arising upon the Premises or Premises, any other portion of the Landlord's interest therein. The Tenant shall saveProperty, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentencesources. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed liable to be due Tenant or by bonding any other person or entity for any damages arising from any act or omission of any other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part tenant of the Building. Landlord to subject the shall indemnify Tenant and hold it harmless from and against any cost, claim, action, liability or damage of any kind arising from Landlord's estate in the Premises negligence or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesotawillful misconduct.

WAIVER AND INDEMNITY. Notwithstanding anything apparently Neither Party waives any defenses it may have to any claims by any third party, including the immunities to suit available to government entities and their employees, such as sovereign immunity and official immunity. However, to the contrary in this Leaseextent permissible by law and without waiver of sovereign immunity or other defense available by law, Landlord each Party (the “Indemnitor”) agrees to indemnify, defend, and Tenant hereby release one another and their respective partners, officers and employees from hold the other Party (the “Indemnitee”) harmless for any and all liability (claims brought by third parties, including, but not limited to, claims for property damage, personal injury, or death, against the Indemnitee to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been extent caused by the fault negligence, recklessness or negligence intentionally wrongful conduct of the Indemnitor or other partypersons employed or utilized by the Indemnitor in connection with the use and access to shared facilities provided for under this Agreement. Nothing herein shall be construed to constitute a waiver of the protections of the Recreational Property Act, O.C.G.A. § 50-3-20, et seq. Each party shall bear their own expenses of litigation in defending third-party claims unless or until it has been conclusively determined by a court judgment, after the exhaustion of any rights of appeal, that the Indemnitor engaged in negligent, reckless, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished intentionally wrongful conduct giving rise to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest thereinthird-party claim. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage At that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filedpoint, the Tenant shall forthwith cause the same to be discharged of record by paymentIndemnitor shall, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of such final adjudication with no further rights of appeal, reimburse the Indemnitee an amount of money equal to the amount of damages the Indemnitee was ordered to pay the third party plus the Indemnitee’s reasonable attorney’s fees and expenses of litigation multiplied by percentage of fault attributed to the Indemnitor. For example, if a jury awarded damages to a third-party against the Indemnitee in the amount of $100,000 and the Indemnitee had $30,000 in attorney’s fees and expenses of litigation and the Indemnitor was found to only be 30% at fault for the damages, then the Indemnitor would pay the Indemnitee $39,000 (30% of $130,000) within 30 days of the filing thereof date of the final judgment. Participants and before judgment Garden City employees entering the property for any Garden City recreation event or sale thereunderprogram are invitees of the City, then, in addition to any other right or remedy not the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the LandlordBoard, and the amount so paid by City, not the Landlord and/or all costs Board, will take steps it deems appropriate to manage crowd control, safety and expenses incurred by the Landlord in procuring the discharge security of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesotaits invitees.

WAIVER AND INDEMNITY. Notwithstanding anything apparently to Tenant shall indemnify Landlord and hold it harmless from and against any cost, claim, action, liability or damage of any kind arising from (i) Tenant’s use and occupancy of the contrary in Premises or any activity done or permitted by Tenant in, on, or about the Premises, (ii) any breach or default by Tenant of its obligations under this Lease, or (iii) any negligent, tortious, or illegal act or omission of Tenant, its agents, employees, invitees or contractors. Tenant shall, at its expense and with counsel satisfactory to Landlord, defend Landlord and Tenant hereby release one another and their respective partners, officers and employees in any action or proceeding arising from any such claim, and shall indemnify Landlord against all liability (costs and fees of any kind incurred therein. As a material consideration to Landlord for executing this Lease, Tenant assumes all risk of loss, damage or injury to any person or property in, on, or about the other or anyone claiming through or under them by way Premises from any cause including, without limitation, theft. Specifically, and without limitation of subrogation or otherwise) the foregoing, Landlord shall not be liable for any loss injury or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused which may be sustained by the fault person or negligence property of the other partyTenant, its employees, invitees, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant any other person in or about the Premises, and caused by or resulting from fire, steam, electricity, gas, water or rain which may leak or flow from or into any part of the Tenant shall not permit any mechanic'sPremises, material man'sor from the breakage, leakage, obstruction, or other lien to arise defects of pipes, sprinklers, wires, appliances, plumbing, air-conditioning or be filed against lighting fixtures, whether such damage or injury results from conditions arising upon the Premises or Premises, any other portion of the Landlord's interest therein. The Tenant shall saveProperty, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentencesources. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed liable to be due Tenant or by bonding any other person or entity for any damages arising from any act or omission of any other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part tenant of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of MinnesotaBuilding.

WAIVER AND INDEMNITY. Notwithstanding anything apparently Debtor understands and agrees that its obligations hereunder and under the Indebtedness secured hereby shall not be affected by any defect in, damage to or loss of possession or use of any of the Collateral, however caused, by the attachment of any lien or other claim to any of the Collateral, by any interference with Debtor's use of any of the Collateral, or for any other cause, whether similar or dissimilar to the foregoing, any present or future law to the contrary in this Leasenotwithstanding. DEBTOR HEREBY AGREES TO RELEASE, Landlord and Tenant hereby release one another and their respective partnersDEFEND, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20INDEMNIFY AND HOLD HARMLESS COMPANY, even if such loss or damage shall have been caused by the fault or negligence of the other partyITS DIRECTORS, or anyone for whom such party may be responsibleOFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY CLAIMS OF DEBTOR OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE DESIGN, MANUFACTURE, SELECTION, DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY COLLATERAL. Mechanic's liensFURTHER, DEBTOR AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. The Tenant agrees to promptly pay all sums of money in respect of laborUNDER NO CONDITION OR CAUSE OF ACTION SHALL COMPANY BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of MinnesotaINDIRECT OR CONSEQUENTIAL DAMAGES.

WAIVER AND INDEMNITY. Notwithstanding anything apparently to the contrary in this Lease, Landlord and Tenant Xxxxxx hereby release one another and their respective partners, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesota.

WAIVER AND INDEMNITY. Landlord and Landlord's divisions, subsidiaries, partners and affiliated companies (including but not limited to Xxxxxx Xxxxxxxx Growers), and its and their respective employees, officers, directors and shareholders, and its and their respective successors and assigns (collectively, the "INDEMNITEES") shall not be liable for any loss, damage or injury of any kind or character to any person or property arising from any use of the leased premises, or any part thereof under the Original Lease or this Lease, or caused by any defect in any building, structure or other improvement thereon or in any equipment or other facility therein, or caused by or arising from any act or omission of Xxxxx or any of Xxxxx' Representatives, or by or from any accident on said land or any fire or other casualty thereon, or occasioned by the failure Xxxxx or any of Xxxxx' Representatives to maintain the leased premises and all improvements thereon and facilities and appurtenances thereto in safe condition, or arising from any other cause whatsoever (collectively, the "DAMAGES"); and Tenant, as a material part of the consideration of this Lease, hereby waives on its behalf all claims and demands against Landlord and the other Indemnitees for any such loss Damages of Tenant, and hereby agrees to indemnify, defend and hold Landlord and the other Indemnitees entirely free and harmless from and against any loss, liability, damage, cost or expense (including attorneys' fees) or claim arising from any such Damages, whether incurred by Tenant, Landlord, the other Indemnitees or any other person. With respect to design, construction methods, materials, locations and other matters for which Landlord has given or will give its approval, recommendation or other direction, the foregoing waiver, indemnity and agreement to defend and hold harmless shall apply irrespective of Landlord's approval, recommendation or other direction. Notwithstanding anything apparently to the contrary above, nothing contained in this Lease, Landlord and Tenant hereby release one another and their respective partners, officers and employees Section shall operate to relieve any Indemnitee from any and all liability (to the other or anyone claiming through or under them Damages ultimately established by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest have been caused solely by the Tenant active negligence or willful misconduct of any such lienIndemnitee. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but It shall not be obligated toconsidered negligence or willful misconduct by any Indemnitee to have failed to install or provide flood control or similar type improvements to protect the leased premises (Tenant agrees that the foregoing is solely Tenant's responsibility). Tenant's covenants in this Section arising from or related to acts or occurrences during the term of this Lease or the Original Lease shall be binding on Tenant until the last to occur of such date as action against the Indemnitees is absolutely barred by an applicable statute of limitations or such date as all claims and actions for which indemnification may be claimed are fully and finally resolved and, discharge if applicable, all compromises thereof and judgments and awards thereon are paid in full and the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the LandlordIndemnitees, and the amount so each of them, are reimbursed for all amounts paid by them in the Landlord and/or all costs compromises thereof and expenses incurred by upon the Landlord judgments and awards thereon and in procuring the discharge defense of such lienactions and claims, including reasonable actual attorneys' fees. If any action or proceeding shall be brought against an Indemnitee alleging any facts or circumstances for which Tenant is to provide indemnification and/or defense, Tenant, upon notice from the Indemnitee, shall defend the same at Tenant's expense by counsel approved in writing by such Indemnitee. Payment shall not be deemed a condition precedent to recovery under any indemnification in this Lease, and a finding of liability or an obligation to indemnify shall not be additional rent for the Premises and shall be due and payable by the Tenant a condition precedent to the Landlord on demandduty to defend. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of MinnesotaTENANT ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY ITS LEGAL COUNSEL AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." TENANT BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT.

WAIVER AND INDEMNITY. Notwithstanding anything apparently Debtor understands and agrees that its obligations -------------------- hereunder and under the Indebtedness secured hereby shall not be affected by any defect in, damage to or loss of possession or use of any of the Collateral, however caused, by the attachment of any lien or other claim to any of the Collateral, by any interference with Debtor's use of any of the Collateral, or for any other cause, whether similar or dissimilar to the foregoing, any present or future law to the contrary in this Leasenotwithstanding. DEBTOR HEREBY AGREES TO RELEASE, Landlord and Tenant hereby release one another and their respective partnersDEFEND, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20INDEMNIFY AND HOLD HARMLESS COMPANY, even if such loss or damage shall have been caused by the fault or negligence of the other partyITS DIRECTORS, or anyone for whom such party may be responsibleOFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY CLAIMS OF DEBTOR OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE DESIGN, MANUFACTURE, SELECTION, DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY COLLATERAL. Mechanic's liensFURTHER, DEBTOR AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE AITORNEY'S FEES, INCURRED BY COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. The Tenant agrees to promptly pay all sums of money in respect of laborUNDER NO CONDITION OR CAUSE OF ACTION SHALL COMPANY BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of MinnesotaINDIRECT OR CONSEQUENTIAL DAMAGES.

WAIVER AND INDEMNITY. Notwithstanding anything apparently to the contrary in this LeasePurchaser hereby releases and shall indemnify, Landlord defend and Tenant hereby release one another keep harmless Seller and any assignee thereof, and their respective partnersdirectors, officers officers, agents and employees (each, an “Indemnitee”), from and against any and all liability Claims (as defined below) (other than such as may directly result from the actual, but not imputed, gross negligence or willful misconduct of such Indemnitee), by paying, on a net after-tax basis, or otherwise discharging same, when and as such Claims shall become due. Purchaser agrees that the indemnity provided pursuant to this Section includes the other agreement by Purchaser to indemnify each Indemnitee from the consequences of its own simple negligence, whether that negligence is the sole or anyone claiming through concurring cause of the Claims, and to further indemnify each such Indemnitee with respect to Claims for which such Indemnitee is strictly liable. Seller shall give Purchaser prompt notice of any Claim hereby indemnified and Purchaser shall be entitled to control the defense of and/or to settle any Claim, in each case, so long as (a) no Event of Default (as defined in Section 9) has occurred and is then continuing, (b) Purchaser confirms, in writing, its unconditional and irrevocable commitment to indemnify each Indemnitee with respect to such Claim, (c) Purchaser is financially capable of satisfying its obligations under this Section, and (d) Seller approves the defense counsel selected by Purchaser. “Claims” shall mean all claims, allegations, xxxxx, judgments, settlements, suits, actions, debts, obligations, damages (whether incidental, consequential or under them by way of subrogation direct), demands (for compensation, indemnification, reimbursement or otherwise), losses, penalties, fines, liabilities (including strict liability), and charges that Seller has incurred or for which it is responsible, in the nature of interest, liens, and costs (including attorneys’ fees and disbursements and any other legal or non-legal expenses of investigation or defense of any Claim, whether or not such Claim is ultimately defeated or enforcing the rights, remedies or indemnities provided for hereunder, or otherwise available at law or equity to Seller), of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, by or against any person, arising on account of (i) this Contract, including the performance, breach (including any Event of Default) or enforcement of any of the terms thereof, or (ii) any Unit, or any part or other contents thereof, any substance at any time contained therein or emitted therefrom, including any hazardous substances, or the premises at which any Unit may be located from time to time, or (iii) the ordering, acquisition, delivery, installation or rejection of any Unit, the possession or any property to which it may be attached from time to time, maintenance, use, condition, ownership or operation of any Unit, and by whomsoever owned, used, possessed or operated, during the term hereof, the existence of latent and other defects (whether or not discoverable by Seller or Purchaser) any Claim in tort for negligence or strict liability, and any Claim for patent, trademark or copyright infringement, or the loss, damage, destruction, theft, removal, return, surrender, sale or other disposition of any Unit, or any item thereof, including, Claims involving or alleging environmental damage, or any criminal or terrorist act, or for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Mechanic's liens. The Tenant agrees to promptly pay all sums of money in respect of labor, services, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentencereason whatsoever. If any such mechanic's lien shall at any time be filedClaim is made against Purchaser or an Indemnitee, the Tenant party receiving notice of such Claim shall forthwith cause promptly notify the same other, but the failure of the party receiving notice to so notify the other shall not relieve Purchaser of any obligation hereunder. Further, Purchaser agrees to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or responsible for all costs and expenses incurred by the Landlord in procuring the discharge of such lienexpenses, including reasonable attorneys' ’ fees, incurred by Seller or its directors, officers, employees, agents and assigns in defending such claims or in enforcing this provision. Under no condition or cause of action shall Seller be deemed to be additional rent liable for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part any loss of the Landlord to subject the Landlord's estate in the Premises actual or anticipated business or profits or any portion of the Premises to any lien special, indirect or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of Minnesotaconsequential damages.

WAIVER AND INDEMNITY. Notwithstanding anything apparently Debtor understands and agrees that its obligations hereunder and under the Indebtedness secured hereby shall not be affected by any defect in, damage to or loss of possession or use of any of the Collateral, however caused, by the attachment of any lien or other claim to any of the Collateral, by any interference with Debtor's use of any of the Collateral, or for any other cause, whether similar or dissimilar to the foregoing, any present or future law to the contrary in this Leasenotwithstanding. DEBTOR HEREBY AGREES TO RELEASE, Landlord and Tenant hereby release one another and their respective partnersDEFEND, officers and employees from any and all liability (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage covered by property insurance or coverable by a customary form of policy of the insurance required by Paragraph 20INDEMNIFY, even if such loss or damage shall have been caused by the fault or negligence of the other partyAND HOLD HARMLESS COMPANY, or anyone for whom such party may be responsibleITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM AND AGAINST ANY CLAIMS OF DEBTOR OR THIRD PARTIES, INCLUDING CLAIMS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, PERSONAL INJURY, PROPERTY DAMAGE, STRICT LIABILITY OR NEGLIGENCE, FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY OR RELATING TO THE DESIGN, MANUFACTURE, SELECTION, DELIVERY, CONDITION, OPERATION, USE, OWNERSHIP, MAINTENANCE OR REPAIR OF ANY COLLATERAL. Mechanic's liensFURTHER, DEBTOR AGREES TO BE RESPONSIBLE FOR ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS IN DEFENDING SUCH CLAIMS OR IN ENFORCING THIS PROVISION. The Tenant agrees to promptly pay all sums of money in respect of laborUNDER NO CONDITION OR CAUSE OF ACTION SHALL COMPANY BE LIABLE FOR ANY LOSS OF ACTUAL OR ANTICIPATED BUSINESS OR PROFITS OR ANY SPECIAL, servicesINDIRECT, materials, supplies, or equipment furnished or alleged to have been furnished to the Tenant in or about the Premises, and the Tenant shall not permit any mechanic's, material man's, or other lien to arise or be filed against the Premises or the Landlord's interest therein. The Tenant shall save, hold harmless, and defend the Land lord from liability or other damage that the Land lord may incur as a result of such liens in the event the same arise or are filed in contravention of the immediately preceding sentence. If any such mechanic's lien shall at any time be filed, the Tenant shall forthwith cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, provided the Tenant first posts a bond in favor of the Landlord in a form and substance acceptable to the Landlord, which shall be conditioned on the successful contest by the Tenant of any such lien. The Tenant shall have the right to contest in good faith, any and all such liens. If the Tenant shall fail to cause such lien to be discharged within thirty (30) days after being notified of the filing thereof and before judgment or sale thereunder, then, in addition to any other right or remedy the Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due or by bonding or other proceeding deemed appropriate by the Landlord, and the amount so paid by the Landlord and/or all costs and expenses incurred by the Landlord in procuring the discharge of such lien, including reasonable attorneys' fees, shall be deemed to be additional rent for the Premises and shall be due and payable by the Tenant to the Landlord on demand. Nothing contained in this Lease shall be construed as a consent on the part of the Landlord to subject the Landlord's estate in the Premises or any portion of the Premises to any lien or liability under the lien laws of the state of Minnesota. The Landlord shall have the right to post and maintain on the Premises notices of non-responsibility under the laws of MinnesotaOR CONSEQUENTIAL DAMAGES.