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<br />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 violate 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 consequential damages, inconvenience, or annoyance to Licensee, or injury to Licensee's
<br />business resulting in any way from such damage or the repair thereof for the time that Premises are rendered
<br />unusable for Licensee's intended purpose, the base rent shall proportionately abate. In the event the damage shall
<br />involve the Premises generally and shall be so extensive that Licensor shall decide, at its sole discretion, not to
<br />repair or rebuild the Premises, this License shall, at the sole option of Licensor, exercisable by written notice to
<br />Licensee given within thirty (30) days after Licensor is notified of or otherwise becomes aware of the occurrence
<br />of the casualty, be terminated as of the date of such casualty, and the base rent, taking into account any abatement
<br />as aforesaid, shall be adjusted to the termination date and Licensee shall thereupon promptly vacate the Parking
<br />Lot and the 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
<br />Requirements" shall mean all requirements under any federal, state or local statutes, rules, regulations,
<br />ordinances, or other requirements of any duly constituted public authority having jurisdiction over the Property.
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