Orange County NC Website
without prejudice to the rights of either the County or the Tenant to recover <br />compensation from the condemning authority for any loss or damage caused by such <br />condemnation. Neither the County nor the Tenant shall have any rights in or to any <br />award made to the other by the condemning authority. <br />26. Assiqnment of Lease. The Tenant shall not assign, mortgage, or <br />encumber this lease, nor sublet or permit the leased property or any part thereof to be <br />used by others, without the prior written consent of the County in each instance. If this <br />lease is assigned, or if the leased property or any part thereof, is sublet, or occupied by <br />anybody other than the Tenant, the County may, after an event of default, as <br />hereinabove defined, by the Tenant, collect rent for the assignee, subtenant, or <br />occupant and apply the net amount collected to the rent herein reserved. No such <br />assignment, subletting, occupancy or collection shall be deemed a waiver of this <br />covenant, or the acceptance of this assignee, subtenant, or occupant as tenant, or a <br />release of covenants in this lease. The consent by the County to an assignment or <br />subletting shall not be construed to relieve the Tenant from obtaining the consent in <br />writing of the County to any further assignment or subletting. Provided, further, County <br />shall not unreasonably withhold consent to assignment. <br />27. Assianment of Interest in Rents. The County shall have the right, <br />without selling its fee interest in the leased property or assigning its interest in this <br />lease, to assign from time to time the whole of the net rent at any time payable <br />hereunder to persons, firms, corporations, trusts or other entities designated by the <br />County in a written notice to the Tenant, and in any such case the Tenant shall pay the <br />net rent, subject to the terms of this lease, to the County's designee at the address <br />mentioned in any such notice for the period covered by such assignment. <br />28. Exoneration from Liabilitv. The County shall not be liable for any <br />personal injury to the Tenant or to its officers, agents and employees, or to any other <br />occupant of any part of the leased property, irrespective of how such injury or damage <br />may be caused, whether from action of the elements or acts of negligence of the <br />occupants of adjacent properties, or any other persons; provided that nothing contained <br />herein shall relieve the County of the consequences of his own negligence. <br />29. Reimbursement of Expenses. The Tenant shall pay and indemnify <br />the County against all legal costs and charges, including counsel fees lawfully and <br />reasonably incurred, in obtaining possession of the leased premises after default of the <br />Tenant or after the Tenant's default in surrendering possession upon the expiration or <br />earlier termination of the term of the lease or enforcing any covenant of the Tenant <br />herein contained. The Tenant further covenants that in case the County shall be made <br />party to any litigation commenced against the Tenant, due to act or omission on the <br />part of the Tenant alone, then the Tenant shall pay all expenses, costs, and reasonable <br />attorney's fees incurred by or imposed on the County in connection with such litigation, <br />and such expenses, costs, and attorney's fees shall be additional rent due on the last <br />day after services of notice of such payment or payments, together with interest at a <br />rate of 9% per annum from the date of payment, and shall be collected as any other <br />