Orange County NC Website
DocuSign Envelope ID:234B0168-7DD8-4F95-A2D1-25D37F4A4C22 <br /> If to Tenant: Orange County,North Carolina <br /> Attention: County Manager <br /> P.O. Box 8181 <br /> Hillsborough,NC 27278 <br /> Facsimile: <br /> Email: adorman@orangecountync.gov <br /> Any such notice or statement delivered by personal delivery shall be deemed delivered and received <br /> as of the date of personal delivery. Any notice or statement delivered by next day courier service or United <br /> States certified mail as provided above shall be deemed delivered when delivered to the next day courier <br /> service or deposited in the United States mail, and the delivery confirmation or return receipt therefrom, as <br /> applicable,shall be deemed prima facie evidence that such notice or statement was received on the date stated <br /> on such delivery confirmation or return receipt. Any such notice or statement delivered by facsimile or email <br /> shall be deemed delivered and received as of the date sent. <br /> 35. ENTIRE AGREEMENT. This Lease and any attached exhibits contains the entire <br /> agreement of the parties hereto, and no representations, inducements, promises or agreements, oral or <br /> otherwise,between the parties,not embodied herein shall be of any force or effect. This Lease may not be <br /> modified except by a written instrument signed by each of the parties hereto. <br /> 36. TRANSFER OF LANDLORD'S INTEREST. In the event of the sale, assignment or <br /> transfer by Landlord of its interest in the Premises or in this Lease (other than a collateral assignment to <br /> secure a debt of Landlord) to a successor in interest who expressly assumes the obligations of Landlord <br /> under this Lease, Landlord shall thereupon be released and discharged from all its covenants, duties and <br /> obligations under this Lease, except those obligations that have accrued prior to such sale, assignment or <br /> transfer; and Tenant agrees to look solely to the successor in interest of Landlord for the performance of <br /> those covenants, duties and obligations arising after such sale, assignment or transfer. Landlord's <br /> assignment of this Lease, or of any or all of its rights pursuant to this Lease, shall not affect Tenant's <br /> obligations hereunder, and Tenant shall attom and look to such assignee as the landlord under this Lease; <br /> provided, however, that Tenant shall have first received written notice of the assignment of Landlord's <br /> interest. <br /> 37. ADDITIONAL PROVISIONS. (X CHECK IF APPLICABLE. The additional <br /> provisions set forth in the attached Exhibit B are incorporated into this Lease by reference and are a part <br /> hereof. To the extent any such additional provision shall be contrary to or in conflict with any provision <br /> contained in the body of this Lease, such additional provision shall be paramount and controlling and the <br /> Lease shall be construed and interpreted consistent therewith. <br /> 38. WARRANTIES OF TENANT. (_) CHECK IF APPLICABLE. Tenant represents, <br /> warrants and covenants to Landlord that Tenant is a nonprofit corporation duly created, validly existing and <br /> in good standing in accordance with the laws of the State of North Carolina. Tenant has full right,power and <br /> authority to enter into this Lease and all required action necessary to authorize Tenant to enter into this Lease <br /> has been taken. At all times during the Term Tenant shall keep and maintain its status as a nonprofit <br /> corporation active and in good standing pursuant to the laws of the State of North Carolina. <br /> 39. GUARANTY. (_) CHECK IF APPLICABLE. shall execute and deliver to Landlord <br /> a Lease Guaranty contemporaneously with Tenant's execution and delivery of this Lease. <br /> 40. AUTHORIZED LEASE EXECUTION. (X) CHECK IF APPLICABLE. Each <br /> individual executing this Lease as an officer, partner, member or agent of a corporation, partnership, <br /> limited liability company or governmental entity represents and warrants that he or she is duly authorized <br /> 10 <br />