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28 <br />which would entitle County under the terms of this Lease, or by law, to be <br />relieved of County's obligations hereunder or to terminate this Lease, shall result <br />in a release or termination of such obligations or a termination of this Lease <br />unless (i) County shall have first given formal written notice, in accordance with <br />the requirements of this Lease, of Landlord's act or failure to act to Landlord's <br />mortgagees of record, if any, specifying the nature of the act or failure to act on <br />the part of Landlord which could or would give basis to County's rights and (ii) <br />such mortgagees, after receipt of such notice, have failed or refused to correct or <br />cure the condition complained of within a reasonable time thereafter, but nothing <br />contained in this Section shall be deemed to impose any obligation on any such <br />mortgagee to correct or cure any such condition. "Reasonable time" as used <br />above means and includes a reasonable time to obtain possession of the <br />mortgaged premises, if the mortgagee elects to do so, and a reasonable time to <br />correct or cure the condition if such condition. is determined to exist. <br />Notwithstanding any default by Landlord, County shall not be~ excused from the <br />obligation to pay all rents and charges required under this Lease as the same <br />become due, nor shall anything in this Section 34 be construed to provide the <br />County any rights of termination of this Lease. <br />35. LIEN ON FIXTURES. Deleted. <br />36. RIGHT OF ACCESS. Landlord and Landlord's mortgagee, if any, may enter <br />upon the Demised Premises for the purpose of inspecting, making repairs, <br />curing defaults, replacements or alterations, and showing the Demised Premises <br />to prospective purchasers or tenants upon giving seven (7} days prior written <br />notice to County, except in cases of emergency repairs when no such advance <br />notice is required. Landlord may place signs at the Demised Premises "For Rent" <br />or "For Sale" one hundred and eighty (18Q} days before the expiration or <br />termination of the Lease. <br />37. RETURN OF DEMISED PREMISES. Upon the expiration or termination of this <br />Lease, County shall quit and. surrender the Demised Premises in good order, <br />broom clean, normal wear and tear and acts of God excepted, to Landlord. <br />All fixtures (other than trade fixtures and equipment not for the operation of the <br />Building), improvements, alterations and equipment for the operation of the <br />Building now or hereafter permanently attached to the Demised Premises, <br />including without limitation all plumbing, electrical, and HVAC equipment and all <br />doors, ceiling tiles and lighting fixtures, shall be and remain Landlord's property <br />and shall not be removed from the Demised Premises without Landlord's prior <br />written consent. <br />38. HOLDING OVER. If County remains in possession of the Demised Premises <br />after any termination of this Lease, County shall be bound by the terms and <br />provisions of this Lease except that no tenancy or interest in the Demised <br />Premises shall result, but such holding over shall be an unlawful detainer and all <br />such parties shall be subject to immediate eviction, and County shall pay the <br />Minimum Rent payable by County, a sum equal to one hundred twenty-five <br />percent (125%) of the Minimum Rent payable during the calendar month <br />immediately preceding the expiration or earlier termination of this Lease, plus all <br />other amounts due under the Lease, for any period during which County shall <br />2s <br />County of Orange, in Niorth Carolina - Hillsborough Commons 07/02/08 <br />INITIALS <br />/L LO ~q <br />C~'~ l`r( <br />