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22. Waiver. The failure or delay by either Party to exercise any right, power or privilege <br />hereunder shall not operate as a waiver thereof. <br />23. Interpretation. The terms "lease," "lease agreement" or "agreement" shall be inclusive of <br />each other, and also shall include renewals, extensions, or modifications of this Lease. Words of <br />any gender used in this Lease shall beheld to include any other gender, and words of the singular <br />shall be held to include the plural and the plural to include the singular when the sense requires. <br />The paragraph headings and the titles are not a part of this Lease and shall have no effect upon <br />the construction and interpretation of any part hereof. <br />24. Applicable Law. This Lease shall be governed by, consri-ued and enforced in accordance <br />with the laws of the State of North Carolina and court actions arising therefrom may be brought <br />only within the courts of the State of North Carolina. <br />25. Construction. No provision of this Lease shall be construed against or interpreted to the <br />disadvantage of any Party by any court or other governmental or judicial authority by reason of <br />such Party's having or being deemed to have prepared or imposed such provision. <br />26. Memorandum of Lease for Recording. At the request of either Party, Lessor and Lessee <br />shall execute a memorandum of this Lease, which shall be recorded in the public records at the <br />requesting Party's sole cost and expense. The memorandum of Lease shall describe the Parties, <br />set forth a description of the Premises, specify the term of the Lease and incorporate this Lease <br />by reference. <br />27. Entire Agreement. This instrument contains the entire agreement between the Parties, <br />and no statement, premise, inducement, representation or prior agreement which is not contained <br />in this written Lease shall be valid or binding. <br />28. Amendment. No amendment, modification, alteration or revision of this Lease shall be <br />valid and binding unless made in writing and signed by Lessee and Lessor. <br />29. Binding Effect. This Lease shall be binding upon and shall inure to the benefit of the <br />Parties, their successors and permitted assigns. <br />30. Terms. Capitalized terms used in this Lease shall have the meanings asciYbed to them at <br />the paint where first defined, irrespective of where their use occurs, with the same effect as if the <br />definitions of such terms were set forth in full and at length every time such terms are used. <br />31. Counterparts. This Lease may be executed in two or more counterparts, each of which <br />shall be deemed an original, and all of such counterparts together shall constitute one and the <br />same instrument. <br />32. Lessor's Remedies Cumulative. The rights and remedies of Lessor specified in this <br />Lease shall be cumulative and in addition to any other rights and/or remedies otherwise <br />available, whether or not specified in this Lease. <br />Page 6 of 9 <br />