Orange County NC Website
15 <br />of the County's inability to obtain, or difficulty or delay in obtaining, labor or materials <br />necessary therefore or compliance with governmental restrictions in connection <br />therewith, or because of any other cause beyond the County's reasonable control, <br />provided that, except in cases of emergency, the County will use its best efforts to limit <br />such stoppage to after - business hours, will notify the Tenant in advance, if possible, of <br />any such stoppage, and, if ascertainable, its estimated duration, and will proceed <br />diligently with the work necessary to resume such service as promptly as possible and in <br />a manner and at times as will not materially interfere with or impair the Tenant's use of <br />the Leased Premises. No diminution or abatement of fixed rent or other compensation <br />shall be claimed by the Tenant, nor shall this lease or any of the obligations of the <br />Tenant hereunder be affected or reduced by reason of such interruption, stoppage, or <br />curtailment, nor shall the same give rise to a claim in the Tenant's favor that such failure <br />constitutes total or partial eviction from the Leased Premises, provided that if the Leased <br />Premises shall be unreasonably untenantable for a continuous period of more than four <br />business days by reason of any such stoppage, the fixed rent payable by the Tenant shall <br />abate until the Tenant shall be again able to use the Leased Premises. <br />24. Destruction by Fire or Other Casualty. In the event the premises or any <br />substantial portion thereof are destroyed by fire or other casualty during the term of this <br />lease, it is understood and agreed that County shall have no obligation to rebuild, and, at <br />the election of County or Tenant the lease may be tenninated. <br />25. Condemnation. If the whole of the Leased Premises, or such portion <br />thereof as will make the Leased Premises unsuitable for the purposes herein leased, is <br />condemned for any public use or purpose by any legally constituted authority, then in <br />either of such events this lease shall cease from the time when possession is taken by <br />such public authority and rental shall be accounted for between the County and the <br />Tenant as of the date of the surrender of possession. Such termination shall be without <br />prejudice to the rights of either the County or the Tenant to recover compensation from <br />the condemning authority for any loss or damage caused by such condemnation. Neither <br />the County nor the Tenant shall have any rights in or to any award made to the other by <br />the condemning authority. <br />26. Assignment of Lease. The Tenant shall not assign, mortgage, or <br />encumber this lease, nor sublet or permit the Leased Premises or any part thereof to be <br />used by others, save and except direct clients of Tenant with whom Tenant has <br />contractual agreements, without the prior written consent of the County in each instance. <br />If this lease is assigned, or if the Leased Premises or any part thereof, is sublet, or <br />occupied by anybody other than the Tenant except as stated above, the County may, after <br />an event of default, as hereinabove defined, by the Tenant, collect rent for the assignee, <br />subtenant, or occupant and apply the net amount collected to the rent herein reserved. <br />No such 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 />13 <br />