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(iii)any failure on the part of Licensor to perform or comply with any of the covenants, agreements, terms,
<br /> provisions, conditions or limitations contained in this License on its part to be performed or complied with.
<br /> 3. The above referenced language shall not be construed as waiving any defense or limitation which either party
<br /> may have against any claim or cause of action by any person not a party to this Agreement. Nor shall said
<br /> language be construed as waiving any defense either party may have against each other to the defense of
<br /> governmental immunity. Provided, however,the indemnification language contained hereinabove, is entered
<br /> into only to the extent it is currently authorized by North Carolina law and does not vielate nor contravene
<br /> state or local laws as it relates to either party, individually, or jointly.
<br /> C. Casualty
<br /> In case of damage to the Premises or those portions of the Premises which are essential to the operation of the
<br /> Licensee Facilities, Licensor may, at its expense, cause the damage to be repaired to a condition as nearly as
<br /> practicable to that existing prior to the damage, with reasonable speed and diligence, subject to delays which may
<br /> arise by reason of adjustment of loss under insurance policies, Governmental Regulations, and for delays beyond
<br /> the control of Licensor, including a"force majeure". Licensor shall not, however, be obligated to repair, restore,
<br /> or rebuild any of Licensee's personal property, including but not limited to the Licensee Facilities. Licensor shall
<br /> not be liable for any inconvenience or annoyance to Licensee, or injury to Licensee's business resulting in any
<br /> way from such damage or the repair thereof for the time that Premises are rendered unusable for Licensee's
<br /> intended purpose, the base rent shall proportionately abate. In the event the damage shall involve the Premises
<br /> generally and shall be so extensive that Licensor shall decide, at its sole discretion, not to repair or rebuild the
<br /> Premises,this License shall, at the sole option of Licensor, exercisable by written notice to Licensee given within
<br /> thirty (30) days after Licensor is notified of or otherwise becomes aware of the occurrence of the casualty, be
<br /> terminated as of the date of such casualty, and the base rent,taking into account any abatement as aforesaid, shall
<br /> be adjusted to the termination date and Licensee shall thereupon promptly vacate the Parking Lot and the
<br /> Premises.
<br /> D. Condemnation of Premises
<br /> In the event that any government, public body, or other condemning authority shall take, or if Licensor shall
<br /> transfer in lieu of such taking, all or such part of the Premises thereby making it physically or financially
<br /> infeasible for the Premises to be used in the manner intended by this License, Licensee shall have the right to
<br /> terminate this License effective as of the date of the taking by the condemning party and the rental shall be
<br /> prorated appropriately. However, if only a portion of the Premises is taken,Licensor shall upon consultation with
<br /> Licensee determine whether the License should remain operative, giving either Party the right to terminate upon
<br /> 120 days notice of the intent to terminate.
<br /> V. HAZARDOUS SUBSTANCES
<br /> Licensee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or
<br /> within any Premises in violation of any law or regulation. Licensor represents, warrants and agrees (1) that
<br /> neither Licensor nor, to Licensor's knowledge, any third party has used, generated, stored or disposed of, or
<br /> permitted the use, generation, storage or disposal of, any Hazardous Material on, under, about or within the
<br /> Premises in violation of any law or regulation, except as disclosed herein, and(2)that Licensor will not, and will
<br /> not permit any third party to use, generate, store or dispose of any Hazardous Material on, under, about or within
<br /> the Premises in violation of any law or regulation. As used in this paragraph, "Hazardous Material" shall mean
<br /> hazardous or radioactive material,polychlorinated biphenyls,friable asbestos or other hazardous or medical waste
<br /> substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as
<br /> amended, or by any other federal state or local law, statute,rule,regulation or order(including any Governmental
<br /> Requirements, as hereafter defined) concerning environmental matters, or any matter which would trigger any
<br /> employee or community"right-to-know"requirements adopted by any such body,or for which any such body has
<br /> adopted any requirements for the preparation or distribution of a material safety data sheet. "Governmental
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