2015-496-E Co. Mgr. - Community Empowerment Fund 2015-16 Outside Agency Performance Agreement

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DocuSign Envelope ID: D09F6D26-5288-40CE-99DB-DBA8FE0850B6 11.05 Nature and Extent of Agreement, This instrument contains the complete agreement of the parties regarding the terms and conditions of the lease of the Premises,and there are no oral or written conditions, terms, understandings or other agreements pertaining thereto which have not been incorporated herein. This instrument creates only the relationship of Landlord and 'Tenant between the parties hereto as to the Premises;and nothing herein shall in any way be construed to impose upon either , party hereto any obligations or restrictions not herein expressly set forth. The laws of the State of North Carolina shall govern the validity, interpretation,performance and enforcement of this Lease. 11.06 Force Maieure. In the event that Landlord or Tenant shall be delayed or hindered in or prevented from the performance of any act required hereunder(other than the payment of rent by Tenant) by reason of strike, lockouts, labor troubles, inability to procure materials, failure of power, restrictive governmental laws, regulations, orders or decrees, riots, insurrection, war, acts of God, inclement weather, or other reason of like or unlike nature or cause beyond Landlord's or Tenant's control, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay;provided, however,the term of this Lease shall not be extended. 11.07 Partial Invalidity. If any term, covenant, or condition of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted by law. 11.08 Recording. Tenant shall not record this Lease or any memorandum thereof without the prior written consent of Landlord. 11.09 Number and Gender. The use herein of a singular term shall include the plural and use of the masculine, feminine or neuter genders shall include all others as required by the context. 1 1.10 Time of Essence. Time is of the essence as to all terms and conditions of this Lease. 1 1.11 Binding Effect. This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 11.12 Notices. Unless otherwise specifically set forth in this Lease, any notice required to Landlord or Tenant by the terms of this Lease shall be deemed given and received on the date of the mailing of such notice in writing to the Landlord or Tenant, as the case may be, provided such notice is transmitted by certified or registered mail, return receipt requested, postage prepaid, or by overnight delivery, and addressed to the party due such notice as shown under section 1.04 hereof, or such other address as either Landlord or Tenant may give in writing to the other for such notices. 11.13 Tenant's Acceptance of Premises. By executing this Lease, Tenant is representing that he has inspected the Premises or had ample opportunity to inspect the Premises, that the Premises is tenantable,and that Tenant accepts the Premises pursuant "as is". 11.14 Captions. The captions and headings in this Lease are intended to be used only for convenience of reference and shall not be used in the interpretation of this Lease. 11.15 Brokers. Landlord and Tenant each represent and warrant to the other that it will not owe broker any commission as a result of the execution of this Lease The parties each agree to indemnify 6