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Agenda - 11-20-2012 - 5n
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Agenda - 11-20-2012 - 5n
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11/16/2012 4:07:29 PM
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BOCC
Date
11/20/2012
Meeting Type
Regular Meeting
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Agenda
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5n
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Minutes 11-20-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
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22 <br /> assign from time to time the whole of the net rent at any time payable hereunder to persons, <br /> firms, corporations, trusts or other entities designated by the County in a written notice to the <br /> Tenant, and in any such case the Tenant shall pay the net rent, subject to the terms of this <br /> lease, to the County's designee at the address mentioned in any such notice for the period <br /> covered by such assignment. <br /> 28. Exoneration from Liability. The County shall not be liable for any personal <br /> injury to the Tenant or to its officers, agents and employees, or to any other occupant of any <br /> part of the Leased Premises, irrespective of how such injury or damage may be caused, <br /> whether from action of the elements or acts of negligence of the occupants of adjacent <br /> properties, or any other persons; provided that nothing contained herein shall relieve the <br /> County of the consequences of his own negligence. The Tenant agrees to defend, indemnify <br /> and hold harmless the County from all loss, liability, claims or expense, including attorney's <br /> fees, arising out of or related to the Tenant's lease, use, sublease, or occupation of the facility <br /> and arising from bodily injury including death or property damage to any person or persons <br /> caused in whole or in part by the negligence or misconduct of the Tenant except to the extent <br /> same are caused by the negligence or willful misconduct of the County. It is the intent of this <br /> provision to require the Tenant to indemnify the County to the fullest extent permitted under <br /> North Carolina law. <br /> 29. Reimbursement of Expenses. The Tenant shall pay and indemnify the County <br /> against all legal costs and charges, including counsel fees lawfully and reasonably incurred, in <br /> obtaining possession of the leased premises after default of the Tenant or after the Tenant's <br /> default in surrendering possession upon the expiration or earlier termination of the term of the <br /> lease or enforcing any covenant of the Tenant herein contained. The Tenant further covenants <br /> that in case the County shall be made party to any litigation commenced against the Tenant, <br /> due to act or omission on the part of the Tenant alone, then the Tenant shall pay all expenses, <br /> costs, and reasonable attorney's fees incurred by or imposed on the County in connection with <br /> such litigation, and such expenses, costs, and attorney's fees shall be additional rent due on <br /> the last 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 rent <br /> specifically reserved herein. Provided that this claim shall not be applicable where the County <br /> shall be made a party by reason of any independent liability of the County caused by some act <br /> or omission on the part of the County or resulting from any act or omission on the part of both <br /> Tenant and County. <br /> 30. Smoke Free Facility. Tenant acknowledges that County-owned buildings are <br /> smoke-free. Tenant shall ensure that employees, customers or invitees of the Tenant abide by <br /> the County's ordinances, which prohibit smoking. <br /> 31. Weapons Prohibited. Tenant acknowledges that a County ordinance has been <br /> approved by the Board of Commissioners that prohibits weapons in County facilities, except in <br /> limited situations Tenant will ensure that employees, customers or invitees of the Tenant abide <br /> by the County's ordinance that prohibits weapons in the facility. <br /> 32 Notice by Registered or Certified Mail. Any notice under this lease must be in <br /> writing and must be sent by registered or certified mail to the last address of the party to whom <br /> the notice is to be given, as designated by such party in writing. The County hereby designates <br /> its address as: <br /> Page 10 of 12 <br />
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