Agenda - 02-20-2007-5j - Laserfiche WebLink

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15 If to Lessee: Orange County, North Carolina P.O. Box 8181 Hillsborough, NC 27278 Attention: Pam Jones, Director of Purchasing and Central Services Any such notice or statement delivered by personal delivery shall be deemed delivered and received as of the date of personal delivery. Any notice or statement delivered by next day courier service or United States certified mail as provided above shall be deemed delivered when delivered to the next day courier service or deposited in the United States mail, and the delivery confirmation or return receipt therefrom, as applicable, shall be deemed prima facie evidence that such notice or statement was received on the date stated on such delivery confirmation or return receipt. Section 6.04 Waiver. No term, condition or covenant contained in this Lease shall be deemed waived by any act, omission or forbearance, or any series of same, by either Lessor or Lessee. The only waivers that shall be effective under this Lease shall be those which are in writing and signed by the party to be charged. No prior notice of non-waiver need be given by a party who has previously forborne from exercising a right hereunder: Section 6.05 Amendment Modification And Release. This Lease shall not be amended or modified, nor shall any right created or conferred hereunder be released, except by a writing signed by the party to be charged. Section 6.06 No Joint Venture. Nothing in this Lease shall constitute or be construed to constitute a joint venture between Lessor and Lessee. Section 6.07 No Third Party Beneficiaries. Neither party intends to confer any rights under this Lease upon any third party. The benefits and burdens of this Lease shall accrue to and bind only the parties hereto and standing to enforce this Lease shall rest exclusively in such parties. Section 6.08 Survival. Notwithstanding the natural expiration of the term of this Lease or its earlier termination as provided herein, the rights, duties and obligations conferred and imposed under Sections 3.02, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 6.01, 6.04 and 6.14, and under ARTICLE V, shall survive and continue to bind the parties until every pre-expiration or pre-termination obligation, promise or claim arising out of the breach thereof is fully paid, performed settled or otherwise disposed of. Section 6.09 Complete And Exclusive Agreement. Lessor and Lessee agree and understand that all prior negotiations, representations, understandings and agreements are merged into and do not survive the execution of this Lease. The parties expressly agree that this written Lease, including exhibits, is the sole, complete and exclusive statement of the terms of the parties' agreement, and that no other negotiations, representations, understandings, or agreements exist, except as may appear herein. Furthermore, the parties agree that this written Lease, being the sole, complete and exclusive statement of the terms of the parties' agreement, is exclusive of any course of performance, course of dealing or usage of trade. Section 6.10 Governing Law. The legal effect and consequence of this Lease shall be determined in accordance with the laws of the State of North Carolina. Section 6.11 Exhibits. Each exhibit attached or appended to this Lease is fully incorporated herein. Section 6.12 Severability. Should any provision of this Lease be declared unconstitutional or void or unenforceable, such provision shall be severed from this Lease and the surviving terms; conditions and -13-