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<br />counsel. Landlord may rely upon such ruling, statement or opinion without appeal or contest. <br />Upon termination of this Lease pursuant to this Section 15, all rents shall be prorated to the date <br />of termination and Tenant shall be entitled to a rebate of an appropriate portion of its rent if paid in <br />advance. <br /> <br />16. Subordination. This Lease is and shall be subject and subordinate to all mortgages that may <br />now or hereafter affect the Site and to all renewals, modification, consolidations, replacements and <br />extensions thereof. This clause shall be self-operative and no further instrument of subordination <br />shall be required by any mortgagee. However, Tenant, upon written request from Landlord, shall <br />execute a certificate confirming such subordination and Tenant hereby irrevocably appoints <br />Landlord as Tenant's attorney-in-fact to execute such certificate for and on behalf of Tenant. <br /> <br />17. Waiver. The failure of either party to insist in any instance on strict performance of any <br />covenant hereof, or to exercise any option herein contained, shall not be construed as a waiver of <br />such covenant or option in any other instance, and no modification of any provision hereof and no <br />cancellation or surrender of rights and privileges herein afforded shall be valid unless in writing and <br />signed by the parties. <br /> <br />18. Applicable Law. This Lease shall be construed and applied in accordance with the laws of <br />the State of North Dakota. <br /> <br />19. Entire Agreement. This Lease (together with all exhibits, schedules and appendices attached <br />hereto or delivered in connection herewith) constitutes the entire agreement of the parties with <br />respect to, and supersedes any prior agreement or understanding (whether written or oral) between <br />the parties (including the Old Lease) with respect to, the subject matter hereof. <br /> <br />20. Binding Effect. This Lease shall bind and inure to the benefit ofthe parties hereto and their <br />respective heirs, representatives, successors and assigns. Provided, however, this section shall not <br />be deemed to imply that this Lease is transferable or assignable by Tenant. <br /> <br />21. Assignment. Tenant may not sublet or assign its rights or obligations under this Lease <br />without the prior written consent of Landlord, which consent may be withheld in Landlord's sole <br />and absolute discretion. Any assignment or subletting by Tenant without the Landlord's prior <br />written consent shall be void and such assignment or subletting shall constitute a material default <br />hereunder. Landlord may assign its rights or obligations under this Lease from time to time upon <br />written notice to Tenant. <br /> <br />22. Notices. All payments shall be delivered to Landlord at its address set forth above by first <br />class mail, postage prepaid, hand delivery or by overnight delivery service. All notices, demands, <br />requests, consents, approvals, offers, statements and other instruments or communications required <br />or permitted shall be in writing and shall be deemed to have been given or delivered by first-class <br />registered or certified mail, postage prepaid, or by overnight delivery service, addressed as follows: <br /> <br />DCOlDOCS323884.2 <br /> <br />6 <br />