2008 S Purchasing & Hillsborough Commons and Orange County

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existing prior to its destruction or casualty and the proceeds of County's insurance shall be held in trust by County for the purpose of such repair and replacement. 27. CONDEMNATION. (a) If the whole of the Demised Premises, or more than twenty-five percent (25%) of the floor area of the Shopping Center, shall be taken or condemned by any government authority, then either party may elect to terminate this Lease by giving notice to the other party not more than sixty (60) days after the date on which such title shall vest in the authority. If the parking facilities are reduced below the minimum parking requirements imposed by the applicable authorities or if the parking facilities are reduced below 450 spaces, then either Landlord or County may elect to terminate this Lease by giving the other party notice within one hundred. twenty (120) days after such taking or other action. If all of the buildings or Common Areas of the Shopping Center are damaged to such an extent that the Shopping Center cannot, reasonably, be operated as an integral unit, Landlord may terminate this Lease on written notice to County within sixty (60) days after notice to County from Landlord. (b) In case of any taking or condemnation, whether or not the term of this Lease shall cease and terminate, the entire award shall be the property of Landlord. County may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, .moving expenses and other damages caused by such taking, neither party shall have rights to the claim filed by the other. County in no event shall have any claim against Landlord for the value of any unexpired term of the Lease. County's obligation to pay Minimum Rent shall be apportioned or end, as the case may be, as the date of vesting of title or termination of this Lease. Any purchase of all or a portion of the Shopping Center in lieu of a taking or condemnation under powers of eminent domain shall be a taking or condemnation thereof. (c) Notwithstanding anything herein to the contrary, any condemnation action wherein the County is the condemning authority, the County shall have no rights of termination. 28. ASSIGNMENT. SUBLETTING AND ENCUMBERING LEASE. County shall not transfer, assign, mortgage or encumber this Lease, without the prior written consent of Landlord which consent shall not be unreasonably withheld. County shall be permitted to sublease or permit the use of the Demised Premises by others in the County's sole discretion. Landlord may either approve or disapprove said Assignment as Landlord deems necessary in its sole discretion, which such approval shall not be unreasonably withheld. If this Lease is assigned or if the Demised Premises or any part thereof is sublet or occupied by anyone other than County without the express written consent of Landlord, Landlord may collect rent from the assignee, subtenant, or occupant and apply the net amounts collected to all rent herein reserved, but no assignment, subletting, occupancy or collection shall be deemed a waiver of the covenants contained herein or the acceptance of the assignee, subtenant or occupant as County or a release of the performance of the covenants on County's part herein contained. If Landlord shall consent to an assignment of this Lease, no further or additional assignments may be made without the prior written consent of Landlord. At least thirty (30) days prior to commencement of any sublease or 18 County of Orange, in North Carolina -Hillsborough Commons 07/02/08 INNITIALS Z~~`~~