2008 S Purchasing & Hillsborough Commons and Orange County

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and other charges and sums paid or payable under this Lease for the one-year period immediately preceding the event of default, or if one year shall not have elapsed at the time of default, the greatest amount then paid by or due from County to Landlord. (g) Landlord's exercise following a Default by County under the Lease or any right granted hereunder or under any applicable law to lockout or change the lock securing the Demised Premises. shall not impose upon Landlord any duty to notify County of the name and address or telephone number of the individual or company from whom a new key may be obtained, nor shall Landlord have any duty to provide County with a new key or any other means of access to the Demised Premises. ,County hereby specifically acknowledges that any such exercise by Landlord shall not be a termination of this Lease to the maximum extent permitted by law. County, for and on behalf of itself and all persons claiming through or under County, also waives any right of redemption or re- entry- or repossession or restoration of County's possessory rights hereunder in the event County. shall be dispossessed by a judgment or by action of any court or judge or in case of reentry or repossession by Landlord as a result of County's , default. Landlord and County, so far as permitted by law, waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties hereto against the other on any matter arising out of or in any way connected with this Lease, the relationship of Landlord and County's use or occupancy of the premises, or any claim of injury or damage. (h) Notwithstanding anything contained in this Lease to the contrary, this Lease may be terminated by Landlord only by written notice of such termination to County given in accordance with Section 41 (b) below and no other act or omission of Landlord shall be construed as a termination of this Lease. 32. ABANDONMENT OF PREMISES. SEE RECAPTURE RIDER ATTACHED 33. PERSONAL PROPERTY. Should County fail to remove its personal property upon abandonment, expiration, termination or recovery of possession and after fifteen (15) days' notice to County to remove its properly, said notice to also be conspicuously posted on the Demised Premises, all personal properly of any nature then remaining on the premises shall be placed in storage for the benefit of County, and any rental and moving costs for said storage shall be paid by the County. 34. DEFAULT BY LANDLORD. Landlord shall in no event be in default in the performance of any of its obligations contained in this Lease unless and until Landlord shall have failed to perform such obligation within thirty (30) days, or such additional time as is reasonably required to correct any such default, after written notice by County to Landlord properly specifying wherein Landlord has failed to perform any such obligation. Landlord shall be excused for the period of any delay in the performance of any obligations hereunder when prevented from doing so by cause or causes beyond Landlord's control which shall include, without limitation, all labor disputes, civil commotion, war, war-like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, governmental regulations or controls, fire or other casualty, inability to obtain any material, services, insurance ,proceeds or financing or through acts of God (Force Majeure). Provided, however, no act or failure to act on the part of Landlord 24 County of Orange, in North Carolina -Hillsborough Commons 07/02!08 INITIALS LAND ORD ~:s