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material, waste, pollutant or contaminant, defined as such in (or for the purposes of) any Environmental
<br />Laws. For purposes. of this Lease, Environmental Laws means the Comprehensive Environmental
<br />Response, Compensation and Liability Act as amended, the Resource Conservation Recovery Act as
<br />amended, the Clean. Air Act, the Clean Water Act, any "Superfund" or "Superlien" law, the North
<br />Carolina Oil Pollution and Hazardous Substance Control Act of 1976, or any other federal, state or local
<br />statute, law, ordinance, code, rule, regulation, order or decree, regulating, relating to or imposing liability
<br />or standards of conduct concerning any petroleum, petroleum byproduct (including, but not limited to,
<br />crude oil, diesel oil, fuel oil, gasoline, lubrication oil, oil refuse, oil mixed with other waste, oil sludge,
<br />and all other liquid hydrocarbons, regardless of specific gravity), natural or synthetic gas, asbestos, PCB,
<br />products and/or hazardous substance or material, toxic or dangerous waste, substance or material,
<br />pollutant or contaminant, as may now or at any time hereafter be in effect.
<br />Section 6 Miscellaneous.
<br />(a) Access Control. Lessor reserves the right to install such systems, equipment and
<br />apparatus, from time to time, as it may deem reasonably necessary to control and regulate access to the
<br />.Parking Deck, including, without limitation, the issuance of electronic access cards or codes and/or
<br />identification cards. Lessee acknowledges that it shall be obligated to pay to Lessor the reasonable cost of
<br />any such access cards or codes and/or identification cards in addition to the Annual Rent and the pro-rata
<br />share of Operating Costs required to be paid by Lessee pursuant to this Lease.
<br />(b) Maintenance. At all times during the Term, Lessor shall be responsible for the
<br />maintenance, upkeep and repair of the Parking Deck and adjoining grounds. Lessee acknowledges that
<br />the temporary unavailability of any Parking Spaces which may at any time exist as a consequence of any
<br />necessary maintenance, repair or replacement of the Parking Deck, any means of access to the Parking
<br />Deck, or any water, sewer, electric or other public or private utility located in, on, upon or under the
<br />Parking Deck, shall not be deemed an unreasonable interference with the Lessee's lease of the Parking
<br />.Spaces, nor a default by Lessor under this Lease. In such event, the Annual Rent and the pro-rata share of
<br />Operating Costs payable by Lessee with respect to any such unavailable Parking Spaces shall abate
<br />during the period of such unavailability unless Lessor is able to provide Lessee with replacement parking
<br />spaces in the Parking Deck or in reasonably close proximity thereto.
<br />(c) Parking Spaces on N&K Street. Lessor and Lessee acknowledge and agree that the
<br />number of Parking Spaces has been determined, in part, on the expectation of both parties that Lessee will
<br />have, at all times during the Term, the exclusive use of nineteen (19) parking spaces adjacent to the
<br />Parking Deck on N&K Street, at no cost to Lessee, during normal Orange County business hours.
<br />Consequently, in the event Lessee shall not, for any reason, have and enjoy, at any time during the Term,
<br />and at no cost to Lessee, the exclusive use of nineteen (19) parking spaces adjacent to the Parking Deck
<br />on N&K Street during normal Orange County business hours (with the exception of any temporary
<br />unavailability of such parking spaces as a consequence of street or utility maintenance and/or repair), the
<br />number of Parking Spaces shall be increased by a number equal to the number of parking spaces that are
<br />not available to Lessee as provided above. Lessor covenants and agrees to promptly make application to
<br />the Town of Hillsborough and to prosecute. an application for the abandonment of so-much of the public
<br />right of way of N&K Street as will be necessary to insure Lessee's exclusive use of these nineteen (19)
<br />parking spaces. Lessee covenants and agrees to cooperate with Lessor, in such manner as may reasonably
<br />be requested by Lessor, with respect to any right of way abandonment application and process with the
<br />Town of Hillsborough.
<br />(d) Notices. All notices and statements required or permitted by this Lease to be given to the
<br />parties or to either of them shall be deemed sufficiently given and delivered when made in writing and
<br />personally delivered to the parties or delivered by next day courier service (i.e. FedEx, UPS, etc.), or
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