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7 <br /> or damage to its property which arises from any risk generally covered by fire and extended coverage <br /> insurance or any other insurance required to be carried hereunder,whether or not such other party <br /> may have been negligent or at fault in causing such loss or damage. Each of the parties shall obtain <br /> a clause or endorsement in the policies of such insurance which each party obtains in connection with <br /> the Premises to the effect that the insurer waives, or shall otherwise be denied, the right of <br /> subrogation against the other party for loss covered by such insurance. <br /> 15. DAMAGE TO PREMISES. If the leased premises shall be damaged by fire, the <br /> elements,unavoidable accident or other casualty, but are not thereby rendered untenantable in whole <br /> or in part, LANDLORD shall promptly at its own expense cause such damage to be repaired, and <br /> the rent shall not be abated; if by reason of such occurrence, the premises shall be rendered <br /> untenantable only part, LANDLORD shall promptly at its own expense cause such damage to be <br /> repaired, and the minimum rent meanwhile shall be abated proportionately as to the portion of the <br /> premises rendered untenantable;if by reason of such occurrence the premises shall be rendered wholly <br /> untenantable,LANDLORD shall promptly at its own expense cause such damage to be repaired, and <br /> the minimum anmual rent meanwhile shall be abated in whole, except that if at the time of such total <br /> destruction there shall be twenty-four months or less remaining of the term of this lease within ninety <br /> (90) days after said occurrence either COUNTY or LANDLORD at his option may give written <br /> notice that it has elected to terminate this lease, in which event the lease and the tenancy hereby <br /> created shall cease as of the date of said occurrence, and the minimum rental and the percentage <br /> rental shall be adjusted as of such date. Unless the parties shall otherwise agree in writing, <br /> LANDLORD shall have no interest in the proceeds of any insurance carried by the COUNTY on <br /> COUNTY'S interest in its lease and COUNTY shall have no interest in the proceeds of any insurance <br /> carried by LANDLORD. <br /> 16. CONDEMNATION. If any portion of the Premises shall be taken by the exercise <br /> of the power of eminent domain(or sold to the bolder of such power pursuant to a threatened taking) <br /> this Lease shall terminate upon such taking or when such sale is completed. COUNTY shall not be <br /> entitled to any part of the condemnation award or purchase price and COUNTY expressly waives any <br /> rights thereto; provided, however, nothing contained herein shall be construed to preclude the <br /> COUNTY from prosecuting any claim directly against the condemning authority in such <br /> condemnation proceeding for loss of business, or depreciation to, damage to or costs of removal of <br /> or for the value of COUNTY s trade fixtures, furniture, other personal property belonging to <br /> COUNTY, excluding the value,if any, of COUNTY's leasehold interest. <br /> 17. ASSIGNMENT. COUNTY shall not voluntarily,involuntarily or by operation of <br /> law, assign, transfer, mortgage or otherwise encumber (herein collectively referred to as an <br /> "ash")this Lease or any interest of COUNTY herein,in whole or in part, nor sublet the whole <br /> or any part of the Premises, nor permit the Premises or any part thereof to be used or occupied by <br /> others,without first obtaining in each and every instance the prior written consent of LANDLORD. <br /> LANDLORD acknowledges that although the County of Orange is the named tenant of this lease, <br /> the North Carolina Department of Motor Vehicles, Driver License Division, will be the principal <br /> occupant of the leased space. <br /> J <br />