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RB5573 534 11117
<br /> any public use or purpose by any legally constituted authority, then in either of such events this
<br /> lease shall cease from the time when possession is taken by such public authority and rental
<br /> shall be accounted for between the County and the Tenant as of the date of the surrender of
<br /> possession. Such termination shall be without prejudice to the rights of either the County or the
<br /> Tenant to recover compensation from the condemning authority for any loss or damage caused
<br /> by such condemnation. Neither the County nor the Tenant shall have any rights in or to any
<br /> award made to the other by the condemning authority.
<br /> 26. Assignment of Lease. The Tenant shall not assign, mortgage, or encumber
<br /> this lease, nor sublet or permit the Leased Premises or any part thereof to be used by others,
<br /> save and except direct clients of Tenant with whom Tenant has contractual agreements, without
<br /> the prior written consent of the County in each instance. If this lease is assigned, or if the
<br /> Leased Premises or any part thereof, is sublet, or occupied by anybody other than the Tenant
<br /> except as stated above, the County may, after an event of default, as hereinabove defined, by
<br /> the Tenant, collect rent for the assignee, subtenant, or occupant and apply the net amount
<br /> collected to the rent herein reserved. No such assignment, subletting, occupancy or collection
<br /> shall be deemed a waiver of this covenant, or the acceptance of this assignee, subtenant, or
<br /> occupant as tenant, or a release of covenants in this lease. The consent by the County to an
<br /> assignment or subletting shall not be construed to relieve the Tenant from obtaining the
<br /> consent in writing of the County to any further assignment or subletting. Provided, further,
<br /> County shall not unreasonably withhold consent to assignment. It is not the intent of this
<br /> paragraph to include user agreements as subleases or assignments of the Lease. County
<br /> acknowledges that as part of Tenant's day-to-day operations Tenant shall license users to
<br /> utilize the facilities situated at the Leased Premises.
<br /> 27. Assignment of Interest in Rents. The County shall have the right,
<br /> without selling its fee interest in the leased property or assigning its interest in this lease, to
<br /> assign from time to time the whole of the net rent at any time payable hereunder to persons,
<br /> firms, corporations, trusts or other entities designated by the County in a written notice to the
<br /> Tenant, and in any such case the Tenant shall pay the net rent, subject to the terms of this
<br /> lease, to the County's designee at the address mentioned in any such notice for the period
<br /> covered by such assignment.
<br /> 28. Exoneration from Liability. The County shall not be liable for any personal
<br /> injury to the Tenant or to its officers, agents and employees, or to any other occupant of any
<br /> part of the Leased Premises, irrespective of how such injury or damage may be caused,
<br /> whether from action of the elements or acts of negligence of the occupants of adjacent
<br /> properties, or any other persons; provided that nothing contained herein shall relieve the
<br /> County of the consequences of his own negligence. The Tenant agrees to defend, indemnify
<br /> and hold harmless the County from all loss, liability, claims or expense, including attorney's
<br /> fees, arising out of or related to the Tenant's lease, use, sublease, or occupation of the facility
<br /> and arising from bodily injury including death or property damage to any person or persons
<br /> caused in whole or in part by the negligence or misconduct of the Tenant except to the extent
<br /> same are caused by the negligence or willful misconduct of the County. It is the intent of this
<br /> paragraph to require the Tenant to indemnify the County to the fullest extent permitted under
<br /> North Carolina law.
<br /> 29. Reimbursement of Expenses. The Tenant shall pay and indemnify the County
<br /> against all legal costs and charges, including counsel fees lawfully and reasonably incurred, in
<br /> obtaining possession of the leased premises after default of the Tenant or after the Tenant's
<br /> default in surrendering possession upon the expiration or earlier termination of the term of the
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