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Premises of little league baseball fields, which may include <br /> playing fields, dugouts, fencing, landscaping and other <br /> appurtenances necessary to operate similar little league baseball <br /> fields in the suburban Twin Cities area in material compliance <br /> with the Approved Plans (as the facilities may exist from time to <br /> time, the "Facility") . Tenant represents that it shall obtain <br /> all building permits or other approvals, consents or permits <br /> necessary to construct and operate the Facility, and that the <br /> Facility and the use thereof shall comply with all building and <br /> zoning codes, and federal, state and local laws. Tenant has kept <br /> and shall keep the Leased Premises free and clear of all <br /> mechanic's liens. Tenant shall not commence any construction nor <br /> permit any act to give rise to potential claims of mechanics <br /> liens or the like unless and until (a) the financing requirement <br /> in Section 2 .2 has been fulfilled, (b) Landlord has agreed in <br /> writing upon the Approved Plans, and (c) Tenant has obtained all <br /> building permits and other approvals, consents and permits <br /> necessary to construct and operate the Facility in compliance <br /> with all building and zoning codes, and any other applicable <br /> federal, state or local law. If the conditions outlined in this <br /> Section 3 shall not have been completely fulfilled in Lessor' s <br /> reasonable opinion on or prior to June 1, 1994, then Lessor or <br /> Tenant shall have the right to terminate this Lease effective <br /> upon the 10th day after providing written notice of termination <br /> to Tenant or Lessor, provided that nothing herein shall release <br /> or diminish Tenant' s obligation to keep the Leased Premises and <br /> Facility free and clear of all mechanic' s liens, encumbrances and <br /> the like, which obligation of Tenant shall survive termination or <br /> expiration of this Lease. Tenant shall commence construction of <br /> the Facility within 30 business days after all of the terms and <br /> conditions of this Section 3 have been fulfilled and approved by <br /> Lessor, and Tenant shall complete the Facility in a first-class <br /> good and workmanlike manner, free and clear of all mechanics and <br /> other liens and encumbrances, on or prior to August 31, 1994. <br /> 4. RENT. As and for payment of all rental due during the <br /> term hereof, Tenant will pay One and no/100ths Dollars ($1.00) . <br /> 5 . ACCEPTANCE OF LEASED PREMISES. Except for the covenant <br /> of quiet enjoyment set forth in Article 24 of this Lease, Tenant <br /> accepts the Leased Premises "AS-IS" , and agrees that neither <br /> Lessor nor any party for whom Lessor may be responsible has made, <br /> is making and shall be deemed not to have made any warranty or <br /> representation, express or implied, with respect to any aspect of <br /> the Leased Premises, or anything thereon or thereunder, legal, <br /> physical or otherwise, including without limitation, any access, <br /> soil conditions, zoning, sewer, water, electricity, gas, <br /> telephone or the like. Tenant has had opportunity to inspect the <br /> Leased Premises and evaluate Tenant' s planned use of the Leased <br /> Premises, and accepts all risks relating thereto. <br /> 6 . USE OF PREMISES. Tenant is hereby permitted to use and <br /> occupy the Leased Premises and the Facility thereon solely for <br /> the construction, maintenance and operation of little league <br /> baseball fields, and for no other purpose. Tenant shall not . <br /> -2- <br />