Orange County NC Website
19 <br /> required regulatory approvals and permits (including but not limited to <br /> special use permits, modifications of existing special use permits, <br /> subdivision approval and zoning approval) from the applicable <br /> authority prior to the Closing in order to effectuate the sale <br /> contemplated by the Option and in order to legally subdivide Outparcel A <br /> from the Shopping Center, The procurement of said approvals and <br /> permits shall be at the sole cost and expense of Landlord and shall be <br /> a prerequisite to County's Closing obligation contained with Subsection <br /> 43(5) above of this Lease. <br /> 21 . Landlord hereby grants to County a right of entry upon the shopping <br /> center for the purpose of making surveys, engineering studies, tests and <br /> such other investigations and inspections as County may elect to <br /> make, or the period of time beginning on December 1 , 2011 and <br /> ending on rebF iaFy I , '201=the expiration of the Lease. Notwithstanding, <br /> should County be desirous of exercising their Purchase Option <br /> prior to FebF aFy 1 , 2012the expiration of the Lease, then in that event, <br /> County shall be entitled to complete all due diligence during the period <br /> beginning ninety (90) days prior to such exercise date and ending on the <br /> date of such exercise. All inspections, tests and examinations shall be <br /> conducted by parties qualified and, where applicable, licensed to conduct <br /> such inspections, tests and/or examinations. County shall pay the costs <br /> of all such tests, inspections, examinations, and investigations. After <br /> the performance of any tests, inspections, examinations, and <br /> investigations, county shall promptly restore any damage to the <br /> shopping center to substantially the same condition as existed prior to <br /> the conduct of said tests, inspections, examinations, and <br /> investigations. County shall indemnify, (to the extent of insurance <br /> policies owned by the County and to the extent of applicable law) <br /> defend (to the extent of insurance policies owned by the County <br /> and to the extent of applicable law) and hold Landlord harmless from <br /> any and all costs or liens arising or claimed as a result of any such <br /> activity on or with respect to the shopping center and from any claims, loss <br /> or damage (including, without limitation, reasonable attorneys fees and <br /> costs) suffered by Landlord as a result of the activities of County or <br /> of any party employed or engaged by County to perform any test, <br /> inspection, examination, or Investigation on the shopping center. In <br /> conducting its investigation, County and County's agents shall conduct all <br /> operations on the shopping center in a reasonable manner and so as <br /> not to unreasonably interfere with the operation of the shopping center <br /> by Landlord nor with the conduct of business or operations by tenants <br /> and occupants. Furthermore, all such tests and inspections shall <br /> be permitted upon reasonable prior notice to Landlord, affording landlord <br /> the opportunity to have a representative present at any test, <br /> inspection or examination conducted on the shopping center. County <br /> shall not conduct any environmental testing of the shopping center <br /> beyond a phase I environmental site assessment without the prior <br /> written approval of Landlord. County shall not perform any subsurface <br /> or destructive testing of any kind at the shopping center, without the <br />