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groundlease- rev -c12. orange <br />the terms "hereof," "hereby," "herein," or words of similar import are used in this Lease, they shall be <br />construed as referring to this Lease in its entirety rather than to a particular section or provision, unless the <br />context specifically indicates to the contrary. Any reference to a particular "Article" or "Section' shall be <br />construed as referring to the indicated Article or Section of this Lease. Statements herein in respect to <br />compliance with applicable law or text of similar import shall be construed to require compliance with <br />applicable law as now or hereafter in effect. The laws of the State of North Carolina shall govern the <br />validity, performance and enforcement of this Lease and this Lease shall be construed pursuant to such law. <br />8.6 Binding Effect. The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, <br />executors, administrators, successors and assigns or the parties, but this provision shall in no way alter the <br />restrictions on assignment and subletting applicable to Tenant hereunder. <br />8.7 Relationship of the Parties. This Lease shall not act to create the relationship of partner or joint venturer <br />between Landlord and Tenant. <br />8.8 Severability. In the event any term, covenant or condition of this Lease or the application thereof to any <br />Person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the <br />application of such term, covenant or condition to persons or circumstances other than those as to which it <br />is held invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this <br />Lease shall be valid and enforceable to full extend permitted by law. <br />8.9 Construction of Lease: Negotiation by the Parties. Landlord and Tenant have each had an opportunity <br />through their appointed representatives or otherwise to discuss and negotiate the terms of this Lease and are <br />informed and capable of evaluating the contents thereof. Accordingly, this Lease shall not be construed <br />either for or against Landlord or Tenant whether or not a specific provision thereof was drafted by or on <br />behalf of the Landlord or Tenant, as the case may be. <br />8.10 Liability. All parties hereto and Sub -Tenant are governmental entities; therefore, each party to the extent <br />authorized by law, shall be liable for claims and liabilities arising by virtue of or relating to this lease or any <br />negligent acts or omissions of their employees and agents; and Subtenant shall be responsible for all claims <br />arising out of or from the use of plans and specifications for and the construction of any Improvements <br />located on the Leased Premises; and Tenant and Sub - Tenant, as their interests may appear, shall be <br />responsible for all claims arising out of or from the ownership, operation and management of any <br />Improvements located on the Leased Premises. <br />8.11 No Waiver. The waiver by Landlord of any agreement, condition, or provision contained in this Lease will <br />not be deemed a waiver of any subsequent breach of the same or any other agreement, condition, or <br />provision contained in this Lease, nor will any custom or practice that may grow up between the parties in <br />the administration of the terms of this Lease be construed to waive or lessen the right of Landlord to insist <br />upon the performance by Tenant in strict accordance with the terms of this Lease <br />IN WITNESS WHEREOF, Landlord and Tenant have executed this instrument as of the day and year <br />first above written. <br />LANDLORD: TATE OF NORTH CAROLINA <br />ATT <br />By: By: <br />f te <br />vernor Secretary o <br />10 <br />