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Agenda - 02-19-2013 - 6b
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Agenda - 02-19-2013 - 6b
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Last modified
12/2/2015 9:22:53 AM
Creation date
2/15/2013 11:46:39 AM
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BOCC
Date
2/19/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
Document Relationships
2013-546 Lease between Orange County and Piedmont Food and Agriculture Processing Center Corporation dated 3-18-2013
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2010's\2013
Minutes 02-19-2013
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\Board of County Commissioners\Minutes - Approved\2010's\2013
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16 <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. It is not the intent of this <br />paragraph to include user agreements as subleases or assignments of the Lease. County <br />acknowledges that as part of Tenant's day -to -day operations Tenant shall license users to <br />utilize the facilities situated at the Leased Premises. <br />27. Assignment 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 lease, <br />to assign from time to time the whole of the net rent at any time payable hereunder to <br />persons, firms, corporations, trusts or other entities designated by the County in a written <br />notice to the Tenant, and in any such case the Tenant shall pay the net rent, subject to <br />the terms of this l to the County's designee at the address mentioned in any such <br />notice for the period covered by such assignment. <br />28. Exoneration from Liability. 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 Premises, 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. The <br />Tenant agrees to defend, indemnify and hold harmless the County from all loss, liability, <br />claims or expense, including attorney's fees, arising out of or related to the Tenant's <br />lease, use, sublease, or occupation of the facility and arising from bodily injury including <br />death or property damage to any person or persons caused in whole or in part by the <br />negligence or misconduct of the Tenant except to the extent same are caused by the <br />negligence or willful misconduct of the County. It is the intent of this paragraph to <br />require the Tenant to indemnify the County to the fiillest extent permitted under North <br />Carolina law. <br />29. Reimbursement of Expenses. The Tenant shall pay and indemnify the <br />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 part <br />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 day <br />after services of notice of such payment or payments, together with interest at a rate of <br />9% per annum from the date of payment, and shall be collected as any other rent <br />14 iF <br />
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