Orange County NC Website
DocuSign Envelope ID:66F168C2-3C54-4274-9428-4F16B3F1802A <br /> If to Lessee: <br /> All notices, demands, and requests will be effective upon being deposited in the United <br /> States Mail or, in the case of personal delivery,upon actual receipt. <br /> 14.3 NO BROKERAGE: Lessee warrants that it has not dealt with any broker other than <br /> in connection with the consummation of this Lease, and in the event any <br /> claim is made against Lessor relative to dealings with brokers other than , <br /> Lessee will defend the claim against Lessor with counsel of Lessor's selection and save harmless <br /> and indemnify Lessor on account of loss, cost or damage which may arise by reason of any the <br /> claim. <br /> 14.4 SEVERABILITY AND DURATION: If any part of this Lease is declared <br /> unenforceable or invalid, the material will be read out of this Lease and will not affect the <br /> validity of any other part of this Lease or give rise to any cause of action of Lessee or Lessor <br /> against the other, and the remainder of this Lease will be valid and enforced to the fullest extent <br /> permitted by law. It is the intention of the parties that their respective options to purchase and all <br /> other rights under this Lease will continue in effect for the full term of this Lease and any <br /> renewal thereof, and the options and other rights will be considered to be coupled with an <br /> interest. In the event any the option or right will be construed to be subject to any rule of law <br /> limiting the duration of the option or right, the time period for the exercising of the option or <br /> right will be construed to expire ninety(90) years from the creation of the option or right in <br /> question. <br /> 14.5 WAIVER: The waiver by Lessor at any given time of any term or condition of this <br /> Lease, or the failure of Lessor to take action with respect to any breach of any the term or <br /> condition, will not be deemed to be a waiver of the term or condition with regard to any <br /> subsequent breach of the term or condition, or of any other term or condition of the Lease. <br /> Lessor may grant waivers in the terms of this Lease,but the waivers must be in writing and <br /> signed by Lessor before being effective. <br /> The subsequent acceptance of Ground Lease Fee payments by Lessor will not be deemed <br /> to be a waiver of any preceding breach by Lessee of any term or condition of this Lease, other <br /> than the failure of the Lessee to pay the particular Ground Lease Fee so accepted, regardless of <br /> Lessor's knowledge of the preceding breach at the time of acceptance of the Ground Lease Fee <br /> payment. <br /> 14.6 LESSOR'S RIGHT TO PROSECUTE OR DEFEND: Lessor will have the right, but <br /> will be under no obligation, to prosecute or defend, in its own or the Lessee's name, any actions <br /> or proceedings appropriate to the protection of its title to, and Lessee's interest in, the Leased <br /> Premises. Whenever requested by Lessor, Lessee will give Lessor all reasonable aid in any the <br /> action or proceeding. <br /> 14.7 CONSTRUCTION: Whenever in this Lease a pronoun is used it will be construed to <br /> represent either the singular or the plural, masculine or feminine, as the case will demand. <br />