Orange County NC Website
the Tenant for any compensation, and such acts shall have no effect upon this Lease. If the <br />Tenant or its employees shall not be personally present to permit entry at any time when an <br />entry therein shall be immediately necessary,-as herein provided, the County may enter the <br />premises by such means as may be appropriate, including forcible entry, without rendering the <br />County or such agents liable therefore (if during such entry the County or his agents shall <br />accord reasonable care to the Tenant's property), and without in any manner affecting the <br />obligations and covenants of this Lease. The County's right of reentry shall not be deemed to <br />impose upon the County any obligation, responsibility or liability for the care, supervision or <br />repair of the Leased Premises other than as herein provided. In the event that it becomes <br />necessary for County to replace or repair any major component or any structural or other <br />system in the Leased Premises, the County shall have full and unrestricted access to the <br />building and the Leased Premises. The County reserves the right temporarily to interrupt, <br />curtail, stop or suspend air - conditioning and heating service, and all other utility or other <br />services, because of accident or emergency or for repairs, alterations, additions, or <br />improvements, or because of the County's inability to obtain, or difficulty or delay in obtaining, <br />labor or materials necessary therefore or compliance with governmental restrictions in <br />connection therewith, or because of any other cause beyond the County's reasonable control, <br />provided that, except in cases of emergency, the County will use its best efforts to limit such <br />stoppage to after - business hours, will notify the Tenant in advance, if possible, of any such <br />stoppage, and, if ascertainable, its estimated duration, and will proceed diligently with the work <br />necessary to resume such service as promptly as possible and in a manner and at times as will <br />not materially interfere with or impair the Tenant's use of the Leased Premises. No diminution <br />or abatement of fixed rent or other compensation shall be claimed by the Tenant, nor shall this <br />Lease or any of the obligations of the Tenant hereunder be affected or reduced by reason of <br />such interruption, stoppage, or curtailment, nor shall the same give rise to a claim in the <br />Tenant's favor that such failure constitutes total or partial eviction from the Leased Premises, <br />provided that if the Leased Premises shall be unreasonably untenantable for a continuous <br />period of more than four business days by reason of any such stoppage, the fixed rent payable <br />by the Tenant shall abate until the Tenant shall be again able to use the Leased Premises. <br />24. Destruction by Fire or Other Casualty. In the event the premises or any <br />substantial portion thereof are destroyed by fire or other casualty during the term of this Lease, <br />it is understood and agreed that County shall have no obligation to rebuild and, at the election <br />of County or Tenant, the Lease may be terminated. <br />25. Condemnation. If the whole of the Leased Premises, or such portion thereof <br />as will make the Leased Premises unsuitable for the purposes herein leased, is condemned for <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 />without the prior written consent of the County in each instance. Tenant may request an <br />assignment authority from County. Such authority may only be granted in a written instrument <br />approved by County. If this Lease is assigned, or if the Leased Premises or any part thereof, is <br />sublet, or occupied by anybody other than the Tenant, the County may, after an event of default, <br />Page 9 of 12 <br />