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rA <br />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 <br />5 <br />