Agenda - 03-07-2019 8-k - Lease of Office Space for Orange County Departments and Approval of Budget Amendment #6-D

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16 NOTICES 28. All notices required or permitted under this Lease shall be in writing and shall be personalty delivered or sent by U.S. certified mail, return receipt requested,postage prepaid.Notices to Tenant shall be delivered or sent to the address shown at the beginning of this Lease,except that upon Tenant taking possession of the Premises,then the Premises shall be Tenant's address for such purposes. Notices to Landlord shall be delivered or sent to the address shown at the beginning of this Lease and notices to Agent,if any,shall be delivered or sent to the address set forth in Paragraph 3 hereof. All notices shall be effective upon delivery.Any party may change its notice address upon written notice to the other parties,given as provided herein. BROKERS 29. Except as expressly provided herein, Tenant and Landlord agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by,through or under the indemnifying party for fees or commissions arising out of the lease of the Property to Tenant. Tenant and Landlord represent and warrant to each other that: (i) except as to the brokers designated below(`Brokers"),they have not employed nor engaged any brokers,consultants or real estate agents to be involved in this transaction and(ii)that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers,the Tenant and/or the Landlord. Pickett_Sprouse Commercial Real Estate ___ __ ('Listing Agency"), Mark O'Neal ("Listing Agent"—License 07119 ) Acting as: 0 Landlord's Agent; Dual Agent and ("Leasing Agency"), ("Leasing Agent"-License# J Acting as: Tenant's Agent; 0 Landlord's(Sub)Agent; ❑ Dual Agent GENERAL TERMS 30. (a) "Landlord"as used in this Lease shall include the undersigned,its heirs,representatives, assigns and successors in title to the Premises. "Agent"as used in this Lease shall mean the party designated as same in Paragraph 3,its heirs,representatives, assigns and successors. "Tenant"shall include the undersigned and its heirs,representatives,assigns and successors, and if this Lease shall be validly assigned or sublet, shall include also Tenant's assignees or sublessees as to the Premises covered by such assignment or sublease. "Landlord", "Tenant", and"Agent" include male and female, singular and plural, corporation,partnership or individual, as may fit the particular parties. (b) No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of its obligations hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord's right to demand exact compliance with the terms hereof. All rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative and not restrictive of those given by law. (c)Time is of the essence in this Lease. (d) This Lease may be executed in one or more counterparts,which taken together,shall constitute one and the same original document. Copies of original signature pages of this Lease may be exchanged via facsimile or e-mail, and any such copies shall constitute originals. This Lease constitutes the sole and entire agreement among the parties hereto and no modification of this Lease shall be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions of this Lease shall not affect the validity of any other provisions hereof and this Lease shall be construed and enforced as if such invalid provisions were not included. (e) Each signatory to this Lease represents and warrants that he or she has full authority to sign this Lease and such instruments as may be necessary to effectuate any transaction contemplated by this Lease on behalf of the party for whom he or she signs and that his or her signature binds such party. The parties acknowledge and agree that: (i)the initials lines at the bottom of each page of this Lease are merely evidence of their having reviewed the terms of each page,and(ii)the complete execution of such initials lines shall not be a condition of the effectiveness of this Lease. (f) Upon request by either Landlord or Tenant,the parties hereto shall execute a short form lease(memorandum of lease)in recordable form, setting forth such provisions hereof(other than the amount of annual rental and other sums due) as either party may wish to incorporate. The cost of recording such memorandum of lease shall be borne by the party requesting execution of same. (g) If legal proceedings are instituted to enforce any provision of this Lease,the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. SPECIAL STIPULATIONS ❑ If this box is checked, additional terms of this Lease are set forth on Exhibit C attached hereto and incorporated herein by reference. (Note: Under North Carolina law,real estate agents are not permitted to draft lease provisions.) Page 12 of 13 STANDARD FORM 593-T Revised 72018 Tenant Initials Landlord Initials 07/2018