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2008 S Purchasing & Hillsborough Commons and Orange County
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2008 S Purchasing & Hillsborough Commons and Orange County
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Last modified
4/19/2011 11:22:54 AM
Creation date
2/11/2019 3:19:16 PM
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BOCC
Date
6/3/2008
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
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assignment, and as a condition thereof, County shall furnish to Landlord (for <br />Landlord's review of the same for compliance with the terms of this Lease) a <br />copy of the fully executed sublease or assignment document. <br />a. No Release. No assignment or subletting of any form shall serve to <br />release County of any obligations hereunder or alter the primary liability <br />of County for the payment of rent and other sums due Landlord <br />hereunder or for the performance of any other obligations to be <br />performed by County under this Lease, whether or not the sub-lessee or <br />assignee has attorned to the Landlord. <br />b. Acceptance of Rent or Performance. Landlord may accept any rent or <br />performance of County's obligations from any person other than County <br />and such acceptance of any rent or performance shall not constitute a <br />waiver or estoppel of Landlord's rights to _ exercise its remedies for the <br />default or breach by County of any of the terms, covenants or conditions <br />of this Lease. <br />c. No Need to Exhaust Security. In the event of any default or breach of <br />County's obligations under this Lease, Landlord may proceed directly <br />against County, or any one else responsible for the performance of <br />County's obligations under this Lease, including the sub-lessee or <br />assignee, without first exhausting Landlord's remedies against any other <br />person or entity responsible therefore. <br />d. Assumption. Any assignment or subletting permitted hereunder shall be <br />conditioned upon the assignee or sub-lessee assuming and agreeing in <br />writing addressed to Landlord and Landlord's Lender, if any, to conform <br />and comply with each and every term, covenant, condition and <br />obligation herein to be observed or performed by County during the term <br />of said assignment or sublease. <br />e. Provisions to be Included in Sublease. The following terms and <br />conditions shall apply to any subletting by County of all or any part of <br />the Demised Premises and shall be deemed included in all subleases <br />under this Lease whether or not expressly incorporated therein. <br />(1) Assignment of Rents. Landlord shall not, by reason of this <br />assignment of rents or any other assignment of sublease to Landlord, or <br />by reason of the .collection of the rents from asub-lessee, be deemed <br />liable to the sub-lessee for any failure of County to perform and comply <br />with -any of the County's obligations to such sub-lessee under such <br />sublease. County hereby irrevocably authorizes and directs any such <br />sub-lessee, upon receipt of a written notice from Landlord stating that a <br />default exists in the performance of County's. obligation under this <br />Lease, to pay to Landlord the rents and other charges due and to <br />become due under the sublease. Sub-lessee shall rely upon any such <br />statement and request from Landlord and shall pay such rents and other <br />charges to Landlord without any obligation or right to inquire as to <br />whether such default exists and notwithstanding any notice from or <br />claim from County to the contrary, County shall have no right or claim <br />against said sub-lessee, or, until the default has been cured, against <br />19 <br />County of Orange, iui North Carolina -Hillsborough Commons 07/02/08 <br />INTTIAIS <br />~~~ <br />
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