Orange County NC Website
i~ <br />Tenant. elects to have. the condemnat:ion award applied. Any <br />balance of the Net Proceeds of the award in such eminent domain <br />proceedings shall. be paid to Landlord'and Tenant., as their <br />interests may appear. <br />I:f title to, or the temporary use of, all or substantially <br />a'll the Premises shall,have been taken under the exercise of 'the <br />power of eminent domain by ,any governmental authority, ar person, <br />firm or corporation acting under governmental authority, <br />nc udng:such a taking or takings as results:.,: in the,opnon of <br />an Tndependent Engineer expressed in a certificate filed with <br />Z,andlord, in Tenant being thereby prevented from carrying on its' <br />normal operations therein. for a period of four consecutive <br />months., .this Lease shall terminate at Tenant's election and in <br />the event of termination the Net Proceeds of such condemnation. <br />proceedings shall b'e paid to Landlord and Tenant as their <br />:interests shall.-appear. , <br />Landlord shall cooperate fully with Tenant. in :the handling <br />and conduct of any pr-ospect:ve or pending condemnation <br />proceedings with respect to the Premises or any part thereof and <br />wi;11, to the extent .it may lawfully do so.; permit Tenant to <br />litigate. in any such proceeding in the name anti behalf of <br />Landlord. In no event will Landlord uoluntari,ly settle, or <br />consent to the settlement of, any prospective or pending <br />condemnation proceeding with respect to the. :Premises or any part. <br />thereof without the written, consent of Tenant. <br />Tenant shall be.entit ed to :the Net Proceeds of any <br />condemnat on award or portion thereof made £or damages to or <br />takings of its own property not included in the Premises,. <br />provided that any Net Proceeds resulting from damages to or <br />taking of all ar a portion of the leasehold estate of. Tenant in <br />the Premiaes created by tha.S-Lease shall lie paid and applied in <br />the manner provided herein, <br />$ . Granting of 'Easements . If no event of default shall <br />have happened and be continuing, Tenant may at any time or times. <br />grant easements, licenses, rights of way (inc;luding the <br />dedication of. public hghwaysl and o her rights or privileges in <br />Ghe nature of easements with respect to the Premises, or Tenant <br />may release existing easements,; licenses, rights of way and other <br />rights or privileges with or without consideration, and Landlord <br />agrees thatzt sha11 execute and deliver any instrument necessary <br />or appropriate to con€irm and grant or release any such easement, <br />license, right of way or o her. right or ,privilege upon receipt, <br />of: {? a copy of the. instrument of grant or release; {ii) a <br />written-application signed by a vice president of Tenant <br />requiestng .such :instrument; and (iii.} a certficate,executed by a <br />vice president of Tenant: stating {1} that -such ,grant or .release. <br />is not detrimental to the proper conduct of ~.he business of <br />Tenant, and {2) that such grant or release will not impair the <br />effective use or interfere with the operata:on of, or adVSrsel_y <br />affect the title of Landlord to; the Premises. <br />l2 <br />