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13 <br />13. The failure of either party to insist in any instance upon strict perfornnance <br />of any of the terms and conditions herein set forth shall not be construed as a waiver of <br />the same in any other instance. No modification of any provision hereof and no <br />cancellation or surrender thereof shall be valid unless in writing and signed and agreed to <br />by both parties. ~ <br />IN TESTIMONY WHEREOF, this lease has been executed by the parties hereto, in <br />duplicate originals, as of the date first above written. <br />LESSEE: <br />ORANGE COUNTY <br />BY: (SEAL) <br />Manager <br />LESSOR: <br />STATE OF NORTH CAROLINA <br />{SEAL) <br />Richard L. Mann, <br />Vice Chancellor for Finance and Administration <br />The University of North Carolina at Chapel Hill <br />