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Agenda - 12-03-2007-4o
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Agenda - 12-03-2007-4o
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9/1/2008 10:52:53 PM
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BOCC
Date
12/3/2007
Document Type
Agenda
Agenda Item
4o
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5 <br />deposited in the United States mail, certified and postage prepaid and addressed as <br />follows: To the Lessee at Orange County, 200 South Cameron Street, Past Office Box <br />8181, Hillsborough, Orange County, North Carolina 27278, and the Lessor at UNC-CH <br />Property Office, 215 West Cameron Ave., Campus Bax 1060, Chapel Hill, North <br />Carolina 27599-1060. Nothing herein contained shall preclude the giving of such notice <br />by personal service. The address to which notices shall be mailed as aforesaid to either <br />party may be changed by written notice. <br />8. Lessee is to be held responsible for the conduct of employees, patrons, <br />and invited guest of Lessee on the leased property. <br />9. Lessor shall not be liable for injury, Loss or damage to persons or personal <br />property occurring on the leased property or arising from Lessor's remediation of the <br />Airport Road Chemical Waste Site. Lessee assumes all risks of loss or damage to <br />Lessee's property that may result from Lessee's use and occupancy of the premises. <br />Lessee agrees to hereby indemnify Lessor against loss or damage (including reasonable <br />attorney's fees) resulting from any claim or claims asserted against Lessor by any person <br />or persons for loss or damage to property or injury to persons based upon alleged acts, <br />omissions, or negligence of Lessee, its agents, employees, contractors or invitees in <br />connection with the use and occupancy of the premises. <br />10. The Lessee shall not assign or sublet this lease or any part thereof. <br />11. At the expiration or termination of this lease or any renewals thereof, the <br />Lessor will require the Lessee to remove, at the Lessee's expense and within a reasonable <br />time, the modular unit known as the Solid Waste Administrative Offices. The Lessee <br />further agrees it will, at the expiration or termination of this lease or any renewals <br />thereof, surrender the leased premises in as good condition as at the beginning of the <br />term, reasonable wear and tear and damage by the elements, fire or other casualty <br />excepted. This agreement specifically includes clearing the premises of any debris, trash; <br />building scraps, etc., in addition to any other restorations, repairs or work necessary. This <br />agreement may also include the removal of any contaminated soil materials from the site <br />and the remediation of any contaminated ground water to meet the standards found in <br />Section 15A 21.0202(g) of the NC Administrative Code. <br />12. The Lessor agrees that the Lessee, upon keeping and performing the <br />covenants and agreements herein contained, shall at all times duririg the existence of this <br />lease peaceably and quietly have, hold and enjoy the leased premises free from the <br />adverse claims of any persons. <br />13. The failure of either party to insist in any instance upon strict performance <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 />
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