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i~ <br />Paragraph,, for a period of thirty days after written notice,. <br />specifying such failure and requesting that it be remedied, given <br />tq Tena.nt by Landlord.; unless Landlord shall agree i.n.iaritng to <br />ari extension of such time prior to i.ts expiration, or if t:he <br />default be of a nature that it is no reasonably susceptib'1e to <br />being ctizred within thirty (30) days., the time to cure ,may be, <br />extended by Landlord so long as Tenant is diligently a.t-tempting <br />to :cure sucYi default. Landlord shall not unreasonably withhold. <br />__ <br />agreement to extend, the time period to cure. <br />tiii:) The dissolution or liquidation of Tenant or <br />the filing by Tenant of a voluntary petition in bankruptcy, or <br />failure by Tenant prompt y to li.f~ any execution; garnishment or <br />attachment of such consequence: as will impair its ability to <br />carrlr on its operations at the Premises, or the commission by <br />Tenant oaf any act of bankruptcy, or adjudication of Tenant as a <br />bankrupt, or assignment by Tenant for the benefit of~its <br />credit:ars, or the entry by Tenant into an agreement of <br />composition with its creditors, or the approval by a court of <br />competent jurisdiction of a petiaion applicable to Tenant i.n any <br />proceeding for its reorgani2ation instituted under the ,provisions <br />of the Bankruptcy Act, as amended, or under any simi ar act which <br />may hereafter be enacted. The term "dissolution or liquidation <br />of Tenant," as used n`ths:subsection, :shall not be construed to <br />include the cessation of the corporate existence of Tenant. <br />resulting either from a merger or consolida ion of Tenant into or <br />wi h another corporation or a dissolution or liquidation of <br />Tenant fol owing a transfer of all or substantially all of its <br />assets aS an entirety. <br />The foregoing provisions o:f tYii:s Paragraph. are sub.~eet to <br />the following limitations: If by reason of force maj'eure Tenant <br />is unable in whole or in part to carry out its agreement on its <br />part herein contained, other than the obligations on the part bf <br />Tenant contained in Paragraphs 3.a., b., and c:, 5, b and.9 <br />hereof, Tenant shall not.be. deemed in default during the <br />continuance of such inability: The team."force majeure" as used <br />Yierein shall .mean, without limitat-ion,. the following: Acts of <br />God, strikes, lockouts or other industrial. clistti~bances, acts of <br />public enemies; orders of any kind of the government of the <br />t3nited States or of North Carolina or any of their departments, <br />agencies, or o€ficals, or .any civil or military authority; <br />insurrections; riots; .epidemics; landslides; lightning; <br />earthquake; fire; hurricanes; 's arms; floods; washouts; drought <br />arrests; restraint of government and people; civil disturbances; <br />e~cplosons; breakage or accident to machinery; transmission pipes <br />or canals; partial or entire failure of utilities; or;any ocher <br />cause or event Writ reasonably within the control of Tenant. <br />Tenant agrees; however, to remedy with all reasonable dispatch. <br />the cause or causes preventing Tenant from carrying out it,s <br />agreements; provided, that the settlement of strikes, lockouts <br />and other industrial disturbances shawl be entirely within the <br />discretion of Tenant, and Tenant shall not be required to make <br />settlement of strikes,. lockout and other industrial disturbances <br />1S <br />