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Outparcel A 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 a prerequisite <br /> to County's Closing obligation contained with Subsection 43(5) above of this Lease. <br /> 21. Landlord hereby grants to County a right of entry upon the shopping center for the <br /> purpose of making surveys, engineering studies, tests and such other investigations <br /> and inspections as County may elect to make, or the period of time beginning on <br /> December 1, 2011 and ending on the expiration of the Lease. Notwithstanding, <br /> should County be desirous of exercising their Purchase Option prior to the <br /> expiration of the Lease, then in that event, County shall be entitled to complete all due <br /> diligence during the period beginning ninety (90) days prior to such exercise date <br /> and ending on the date of such exercise. All inspections, tests and examinations shall <br /> be conducted by parties qualified and, where applicable, licensed to conduct such <br /> inspections, tests and/or examinations. County shall pay the costs of all such tests, <br /> inspections, examinations, and investigations. After the performance of any tests, <br /> inspections, examinations, and investigations, county shall promptly restore any <br /> damage to the shopping center to substantially the same condition as existed prior <br /> to the conduct of said tests, inspections, examinations, and investigations. County <br /> shall indemnify, (to the extent of insurance policies owned by the County and to <br /> the extent of applicable law) defend (to the extent of insurance policies owned <br /> by the County and to the extent of applicable law) and hold Landlord harmless <br /> from any and all costs or liens arising or claimed as a result of any such activity on or <br /> with respect to the shopping center and from any claims, loss or damage (including, <br /> without limitation, reasonable attorneys' fees and costs) suffered by Landlord as a <br /> result of the activities of County or of any party employed or engaged by County <br /> to perform any test, inspection, examination, or Investigation on the shopping center. <br /> In conducting its investigation, County and County's agents shall conduct all <br /> operations on the shopping center in a reasonable manner and so as not to <br /> unreasonably interfere with the operation of the shopping center by Landlord nor <br /> with the conduct of business or operations by tenants and occupants. Furthermore, <br /> all such tests and inspections shall be permitted upon reasonable prior notice to <br /> Landlord, affording landlord the opportunity to have a representative present at <br /> any test, inspection or examination conducted on the shopping center. County shall <br /> not conduct any environmental testing of the shopping center beyond a phase I <br /> environmental site assessment without the prior written approval of Landlord. <br /> County shall not perform any subsurface or destructive testing of any kind at the <br /> shopping center, without the prior written consent of Landlord. If such testing <br /> is required, county shall provide reasonable notice thereof. Notwithstanding the <br /> foregoing, or anything to the contrary contained in this Lease, County and/or <br /> County's representatives shall not enter the shopping center for the purposes of <br /> performing any inspections without providing Landlord at least twenty-four (24) hour <br /> notice of such scheduled entry upon the shopping center. <br /> 22. On or before February 1, 2012, Landlord agrees not to enter into a Lease for <br /> any portion of the Shopping Center whatsoever during the term of this Lease which <br /> will result in a lease term that extends beyond March 1, 2012 without the prior <br /> approval of the County, which approval shall not be unreasonably withheld. <br /> 23. Should Landlord receive an offer, for all or part of the Shopping Center, Landlord <br /> shall present same to Tenant, providing Tenant thirty (30) days right of first refusal to <br /> match the terms and conditions of said offer. If Tenant does not exercise its right of first <br /> refusal within said thirty (30) day period, Landlord shall be free to sell the Shopping <br /> Center to such third party and thereafter Tenants option to purchase the Shopping Center <br /> and any part thereof shall be null and void. <br /> 24. At closing Landlord shall provide County estoppel certificates from all tenants <br /> then occupying the Shopping Center. <br /> 9. In all other respects said Lease Agreement shall remain in full force and effect <br /> unchanged and shall not be altered in any way by this modification. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> LEASE MODIFICATION-HILLSBOROUGH COMMONS <br /> ORANGE COUNTY A/ <br /> 5 Ul <br />