Agenda 8-e - Lease Renewal Option - Department of Social Services - Hillsborough Commons Campus

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