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2011-404 Co. Atty - Communications Tower Lease Agreement #204 with State of NC
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2011-404 Co. Atty - Communications Tower Lease Agreement #204 with State of NC
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Last modified
11/21/2016 10:26:55 AM
Creation date
2/28/2012 11:03:29 AM
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5bb
Document Relationships
Agenda - 06-21-2011 - 5bb
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\Board of County Commissioners\BOCC Agendas\2010's\2011\Agenda - 06-21-2011
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22. Waiver. The failure or delay by either Party to exercise any right, power or privilege <br /> hereunder shall not operate as a waiver thereof. <br /> 23. Interpretation. The terms "lease," "lease agreement"or"agreement" shall be inclusive of <br /> each other, and also shall include renewals, extensions, or modifications of this Lease. Words of <br /> any gender used in this Lease shall be held to include any other gender, and words of the singular <br /> shall be held to include the plural and the plural to include the singular when the sense requires. <br /> The paragraph headings and the titles are not a part of this Lease and shall have no effect upon <br /> the construction and interpretation of any part hereof. <br /> 24. Applicable Law. This Lease shall be governed by, construed and enforced in accordance <br /> with the laws of the State of North Carolina and court actions arising therefrom may be brought <br /> only within the courts of the State of North Carolina. <br /> 25. Construction. No provision of this Lease shall be construed against or interpreted to the <br /> disadvantage of any Party by any court or other governmental or judicial authority by reason of <br /> such Party's having or being deemed to have prepared or imposed such provision. <br /> 26. Memorandum of Lease for Recording. At the request of either Party,Lessor and Lessee <br /> shall execute a memorandum of this Lease, which shall be recorded in the public records at the <br /> requesting Party's sole cost and expense. The memorandum of Lease shall describe the Parties, <br /> set forth a description of the Premises, specify the term of the Lease and incorporate this Lease <br /> by reference. <br /> 27. Entire A -cement. This instrument contains the entire agreement between the Parties, <br /> and no statement,premise,inducement, representation or prior agreement which is not contained <br /> in this written Lease shall be valid or binding. <br /> 28. Amendment. No amendment, modification, alteration or revision of this Lease shall be <br /> valid and binding unless made in writing and signed by Lessee and Lessor. <br /> 29. Binding Effect. This Lease shall be binding upon and shall inure to the benefit of the <br /> Parties, their successors and permitted assigns. <br /> 30. Terms. Capitalized terms used in this Lease shall have the meanings ascribed to them at <br /> the point where first defined,irrespective of where their use occurs,with the same effect as if the <br /> definitions of such terms were set forth in full and at length every time such terms are used. <br /> 31. Counterparts. This Lease may be executed in two or more counterparts, each of which <br /> shall be deemed an original, and all of such counterparts together shall constitute one and the <br /> same instrument. <br /> 32. Lessor's Remedies Cumulative. The rights and remedies of Lessor specified in this <br /> Lease shall be cumulative and in addition to any other rights and/or remedies otherwise <br /> available,whether or not specified in this Lease. <br /> Page 6 of 9 <br />
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