2010-124 AMS - State of North Carolina - Lease Agreement for 503 W. Franklin St.

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8. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which aze a direct result of the failure of Lessor to perform an act required by this lease, and provided that Lessor could reasonably have complied with said requirement. 9. Upon termination of this lease, the Lessee will peaceably surrender the leased premises in as good order and condition as when received, reasonable use and weaz and damage by fire, waz, riots, insurrection, public calamity, by the elements, by act of God, or by circumstances over which Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted. 10. The Lessor agrees that the Lessee, upon keeping and performing the covenants and agreements herein contained, shall at all times during the existence of this lease peaceably and quietly have, hold, and enjoy the leased premises free from the adverse claims of any person. 11. The failure of either party to insist in any instance upon strict performance of any of the terms and conditions herein set forth shall not be construed as a waiver of the same in any other instance. No modification of any provision hereof and no cancellation or surrender thereof shall be valid unless in writing and signed and agreed to by both parties. 12. Any hold over after the expiration of the said term or any extension thereof, shall be construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, so faz as applicable; however, either party shall give not less than sixty (60) days written notice to terminate the tenancy. 13. The parties of this lease agree and understand the continuation of this lease agreement for the period set forth in this lease is subject to the Employment and Training Administration, United States Department of Labor, allocating annually sufficient funds to continue rental of the property at the monthly rental rate set forth in pazagraph 2 of this lease. The parties to this lease also agree that in the event that the Employment and Training Administration, United States Department of Labor, reduces funding for leasing purposes, the Lessee, Employment Security Commission, in its sole discretion, may determine, in view of its total local office operations, whether available funding for payment of rents is sufficient to continue the operation of its local office on the premise leased herein; and that upon such determination by the Lessee that the available funding is inadequate for such continued operation on leased premises herein, the Employment Security Commission shall give not less than sixty (60) days written notice of its determination to the Lessor; and that upon the expiration of such notice period, the lease shall terminate without any further liability of the Lessee, Employment Security Commission. 14. All notices herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made m writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: To the Lessor at Post Office Boz 8181, Hillsborough, North Carolina 27278 and the Lessee at PO Bog 25903, Raleigh, North Carolina 27611. Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice.