2011-204 Orange County - State of North Carolina for Communications Tower Lease Agreement

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22. Waiver. The failure or delay by either Party to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 23. Interpretation. The terms "lease," "lease agreement" or "agreement" shall be inclusive of each other, and also shall include renewals, extensions, or modifications of this Lease. Words of any gender used in this Lease shall beheld to include any other gender, and words of the singular shall be held to include the plural and the plural to include the singular when the sense requires. The paragraph headings and the titles are not a part of this Lease and shall have no effect upon the construction and interpretation of any part hereof. 24. Applicable Law. This Lease shall be governed by, consri-ued and enforced in accordance with the laws of the State of North Carolina and court actions arising therefrom may be brought only within the courts of the State of North Carolina. 25. Construction. No provision of this Lease shall be construed against or interpreted to the disadvantage of any Party by any court or other governmental or judicial authority by reason of such Party's having or being deemed to have prepared or imposed such provision. 26. Memorandum of Lease for Recording. At the request of either Party, Lessor and Lessee shall execute a memorandum of this Lease, which shall be recorded in the public records at the requesting Party's sole cost and expense. The memorandum of Lease shall describe the Parties, set forth a description of the Premises, specify the term of the Lease and incorporate this Lease by reference. 27. Entire Agreement. This instrument contains the entire agreement between the Parties, and no statement, premise, inducement, representation or prior agreement which is not contained in this written Lease shall be valid or binding. 28. Amendment. No amendment, modification, alteration or revision of this Lease shall be valid and binding unless made in writing and signed by Lessee and Lessor. 29. Binding Effect. This Lease shall be binding upon and shall inure to the benefit of the Parties, their successors and permitted assigns. 30. Terms. Capitalized terms used in this Lease shall have the meanings asciYbed to them at the paint where first defined, irrespective of where their use occurs, with the same effect as if the definitions of such terms were set forth in full and at length every time such terms are used. 31. Counterparts. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 32. Lessor's Remedies Cumulative. The rights and remedies of Lessor specified in this Lease shall be cumulative and in addition to any other rights and/or remedies otherwise available, whether or not specified in this Lease. Page 6 of 9