Orange County NC Website
Browse       Search
26. NATURE AND EXTENT OF AGREEMENT. This instrument contains the <br /> complete agreement of the parties regarding the terms and conditions of the Lease of the Premises, <br /> and there are no oral or written conditions, terms, understandings or other agreements pertaining <br /> thereto which have not been incorporated herein. This instrument creates only the relationship of <br /> LANDLORD and COUNTY between the parties hereto as to the Premises; and nothing herein shall <br /> in any way be construed to impose upon either party hereto any obligations or restrictions not herein <br /> expressly set forth. The laws of the State of North Carolina shall govern the validity, interpretation, <br /> performance and enforcement of this Lease. <br /> 27. FORCE MAJEURE. In the event that LANDLORD or COUNTY shall be delayed <br /> or hindered in or prevented from the performance of any act required hereunder by reason of failure <br /> of power,restrictive governmental laws, regulations, orders or decrees, riots, insurrection, war, acts <br /> of God,inclement weather, or other reason of like or unlike nature or cause beyond LANDLORD's <br /> or COUNTY's control,then performance of such act shall be excused for the period of the delay and <br /> the period for the performance of any such act shall be extended for a period equivalent to the period <br /> of such delay. <br /> 28. ATTORNEY FEES.In case suit shall be brought for recovery of possession of the <br /> Premises, for the recovery of rent or any other amount due under the provisions of this Lease or <br /> because of the breach of any other covenant herein contained on the part of either party to be kept <br /> or performed and a breach shall be established, the prevailing party shall be entitled to recover all <br /> expenses incurred therefor, including reasonable attorney's fees. <br /> 29. OPTION TO TERMINATE. This is a three(3)year lease. LANDLORD agrees <br /> that if COUNTY receives additional funding prior to lease termination, this lease can be transferred <br /> to a new premises containing larger space in Carrboro Plaza,with no penalty. Terms and conditions <br /> to be negotiated at time of transfer. .4tJV,^IwJ t&GN -SPA6t 4J A*4+•A40� <br /> 101� <br /> 30. PARTIAL INVALIDITY. If any term, covenant or condition of this Lease or the <br /> application thereof to any person or circumstances shall,to any extent,be invalid or unenforceable, <br /> the remainder of this Lease, or the application of such term, covenant or condition to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable, shall not be affected <br /> thereby and each term,covenant or condition of this Lease shall be valid and be enforced to the fullest <br /> extent permitted by law. <br /> 31. RECORDING. COUNTY shall not record this Lease without the written consent <br /> of LANDLORD, however, upon the request of either party hereto the other party shall join in the <br /> execution of a memorandum or so-called "short form" of this Lease shall describe the parties, the <br /> Lease Premises and the term of this Lease, ad shall incorporate this Lease by reference. <br /> 32. NUMBER AND GENDER. The use herein of a singular term shall include the <br /> plural and use of the masculine, feminine or neuter genders shall include all others. <br /> 10 <br />