Orange County NC Website
TO LANDLORD AT : Avison Young — NC , LLC <br /> 100 Europa Drive, Suite 190 <br /> Chapel Hill , North Carolina 27517 <br /> TO TENANT AT : Orange County EMS <br /> 510 Meadowlands Drive <br /> Hillsborough, NC 27278 <br /> Attn : Dinah Jeffries , Director <br /> SUCCESSORS <br /> 28 . All rights , obligations and liabilities herein given to , or imposed upon the respective <br /> parties hereto shall extend to and bind the several and respective heirs , executors , administrators , <br /> successors , sublessees , licensees , concessionaires and assigns of said parties subject to the provisions <br /> of Article 22 providing for subordination, and except as expressly provided in this Article; and if there <br /> shall be more than one Tenant they shall all be bound jointly and severally by the terms , covenants , <br /> conditions and agreements herein and the word "Tenant" shall be deemed and taken to mean each <br /> and every person or party mentioned as a Tenant herein, be the same one or more ; and if there shall <br /> be more than one tenant any notice required or permitted by the terms of this Lease Agreement may <br /> be given by or to any one thereof. No right, however, shall inure to the benefit of any assignee of <br /> Tenant unless the assignment to such assignee has been approved by Landlord in writing as aforesaid . <br /> The use of the neuter singular pronoun to refer to Landlord or Tenant may be individual , a partnership , <br /> a corporation or a group of two or more individuals or corporations . The necessary grammatical <br /> changes required to make the provision of this Lease Agreement apply in the plural sense where there <br /> is more than one Landlord or tenant and to either corporations , associates , partnerships , or individuals , <br /> males or females , shall in all instances be assumed as though in each case fully expressed . <br /> The term "Landlord" as used in this Lease Agreement so far as covenants , conditions and <br /> agreements on the part of the said Landlord are concerned shall be limited to mean Avison Young — <br /> NC , LLC and its successors and assigns . In the event of any transfer or transfers of the title to the <br /> demised premises , the said Landlord (and in case of any subsequent transfers or conveyance, the then <br /> grantor) shall be automatically freed and relieved from and after the date of such transfer or <br /> conveyance of all liability as respects the performance of any covenants , conditions and agreements <br /> on the part of said Landlord contained in this Lease Agreement, thereafter to be performed ; provided <br /> that any amount then due and payable to Tenant by Landlord, or the then grantor, under any provisions <br /> of this Lease Agreement, shall be paid to Tenant. It is intended hereby that the covenants , conditions <br /> and agreements contained in this Lease Agreement on the part of the Landlord shall , subject as <br /> aforesaid, be binding on Landlord, its successors and assigns , only during and in respect of their <br /> respective successive period of ownership . Further, Landlord ' s liability under the Lease Agreement <br /> shall be limited to and include only the interests of Landlord in the real estate comprising the Shopping <br /> Center . <br /> SCOPE AND INTERPRETATION OF THE AGREEMENT <br /> idered to be the only agreement between the parties <br /> 29 . This Lease Agreement shall be cons <br /> hereto pertaining to the demised premises . All negotiations and oral agreements acceptable to both <br /> parties are included herein. The laws of the State of North Carolina shall govern the validity, <br /> interpretation, performance and enforcement of this Lease Agreement . <br /> FORCE MAJEURE <br /> be delayed, hindered or prevented from the <br /> 30 . In the event Landlord or Tenant shall <br /> performance of any act required hereunder, by reason of war, civil commotion, acts of God, <br /> governmental restrictions , scarcity of labor or materials , strikes , labor walkouts , or any other reasons <br /> beyond its control , the performance of such act shall be excused for the period of delay, and the period <br /> of the performance of any such act shall be extended for the period necessary to complete performance <br /> after the end of the period of such delay. <br /> DEFAULT OF TENANT AND REMEDIES <br /> 31 . (a) If Tenant shall hold over possession of the demised premises after the term has expired <br /> or if Tenant shall fail to pay in full any rental or other sum of money due hereunder, as due on the <br /> first day of the month, and shall continue in default in that payment of holding over for a period of <br /> ten ( 10) days , then on or after the 15th day of that month the Landlord may at its option notify Tenant <br /> by letter of Tenant ' s continuing default and that unless the overdue payment is received or the Tenant <br /> ceases to hold over, that Landlord will begin eviction proceedings . The Landlord may also , at its <br /> option, declare the Lease terminated and demand that the Tenant vacate the premises . Thereafter, on <br /> or after the thirtieth (30th) day of that month, the Landlord may, at its option, sue Tenant for summary <br /> ejectment and for all past due rent and other sums due . All legal costs incident to this action incurred <br /> 14 <br />