Orange County NC Website
11 <br /> premises, the County shall have full and unrestricted access to the building and the leased <br /> property. The County reserves the right temporarily to interrupt, curtail, stop or suspend air- <br /> conditioning and heating service, and all other utility or other services, because of accident or <br /> emergency or for repairs, alterations, additions, or improvements, or because of the County's <br /> inability to obtain, or difficulty or delay in obtaining, labor or materials necessary therefore or <br /> compliance with governmental restrictions in connection therewith, or because of any other <br /> cause beyond the County's reasonable control, provided that, except in cases of emergency, <br /> the County will use its best efforts to limit such stoppage to after-business hours, will notify the <br /> Tenant in advance, if possible, of any such stoppage, and, if ascertainable, its estimated <br /> duration, and will proceed diligently with the work necessary to resume such service as <br /> promptly as possible and in a manner and at times as will not materially interfere with or impair <br /> the Tenant's use of the leased property. No diminution or abatement of fixed rent or other <br /> compensation shall be claimed by the Tenant, nor shall this lease or any of the obligations of <br /> the 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 property, provided that if the leased property <br /> shall be unreasonably untenantable for a continuous period of more than four business days <br /> by reason of any such stoppage, the fixed rent payable by the Tenant shall abate until the <br /> Tenant shall be again able to use the leased property. <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 lease, <br /> it is understood and agreed that County shall have no obligation to rebuild, and, at the election <br /> of County or Tenant the lease may be terminated <br /> 25. Condemnation. If the whole of the leased property, or such portion thereof as <br /> will make the leased property unsuitable for the purposes herein leased, is condemned for any <br /> public use or purpose by any legally constituted authority, then in either of such events this <br /> lease shall cease from the time when possession is taken by such public authority and rental <br /> shall be accounted for between the County and the Tenant as of the date of the surrender of <br /> possession. Such termination shall be without prejudice to the rights of either the County or the <br /> Tenant to recover compensation from the condemning authority for any loss or damage caused <br /> by such 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. Assignment of Lease. The Tenant shall not assign, mortgage, or encumber <br /> this lease, nor sublet or permit the leased property or any part thereof to be used by others, <br /> without the prior written consent of the County in each instance. If this lease is assigned, or if <br /> the leased property or any part thereof, is sublet, or occupied by anybody other than the Tenant, <br /> the County may, after an event of default, as hereinabove defined, by the Tenant, collect rent for <br /> the assignee, subtenant, or occupant and apply the net amount collected to the rent herein <br /> reserved. No such assignment, subletting, occupancy or collection shall be deemed a waiver of <br /> this 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 subletting <br /> shall not be construed to relieve the Tenant from obtaining the consent in writing of the County <br /> to any further assignment or subletting. Provided, further, County shall not unreasonably <br /> withhold consent to assignment. <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, to <br /> assign from time to time the whole of the net rent at any time payable hereunder to persons, <br /> Page 9 of 12 <br />