Agenda - 12-03-2007-4o - Laserfiche WebLink

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~a (e) It is understood and agreed that the Lessor will be closing parts of the existing Municipal Drive and constructing a new, temporary paved access road as shown in Exhibit B. 7. All notices herein provided to be given, or which may be given, by either party to the other; shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: To the Lessee at Orange County, 200 South Cameron Street, Post Office Box 8181, Hillsborough, Orange County, North Carolina 27278, and the Lessor at IJNC-CH Property Office, 215 West Cameron Ave., Campus Box 1060, Chapel Hill, North Carolina 27599-1060. Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice. 8. Lessee is to be held responsible for the conduct of employees, patrons, and invited guest of Lessee on the leased property. 9. Lessor shall not be liable for injury, loss or damage to persons or personal property occurring on the leased property or arising from Lessor's remediation of the Airport Road Chemical Waste Site. Lessee assumes all risks of loss or damage to Lessee's property that may result from Lessee's use and occupancy of the premises. Lessee agrees to hereby indemnify Lessor against loss or damage (including reasonable attorney's fees) resulting from any claim or claims asserted against Lessor~by any person or persons for loss or damage to property or injury to persons based upon alleged acts, omissions, or negligence of Lessee, its agents, employees, contractors or invitees in connection with the use and occupancy of the premises. 10. The Lessee shall not assign or sublet this lease or any part thereof. 11. At the expiration or termination of this lease or any renewals thereof, the Lessor will require the Lessee to remove, at the Lessee's expense and within a reasonable time, the recycling containers operated by the Lessee. The Lessee further agrees it will, at the expiration ar termination of this lease or any renewals thereof, surrender the leased premises in as good condition as at the time the recycling area was constructed, reasonable wear and tear and damage by the elements, fire or other casualty excepted. This agreement specifically includes clearing the premises of any. debris, trash, building scraps, etc., in addition to any other restorations, repairs or work necessary. This agreement may also include the removal of any contaminated soil materials from the site and the remediation of any contaminated ground water to meet the standards found in Section 15A 21.0202(g} of the NC Administrative Code. 12. The Lessor agrees that the Lessee, upon keeping and performing the covenants and agreements herein contained, shall at all times during the existence of this lease peaceably and quietly have, hold and enjoy the leased premises free from the adverse claims of any persons.