Agenda - 02-20-2001-9b - Laserfiche WebLink

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to DR P-1°s promulgated thereunder; (iv) and any material or substance regulated by the Federal Insecticide, Fungicide and Rodenticide Act, as amended from time to time, and the regulations promulgated thereunder; (v) any oil, petroleum products, and their by-products; and (vi) any other hazardous, toxic or dangerous material or substance that is or becomes regulated by any federal, state or local law or regulation, including but not limited to radioactive materials. 8.1.6 Tenant hereby agrees that it shall be fully liable for all costs and expenses related, to the use, storage, transportation or disposal of any Hazardous Material on the Leased Premises by the Tenant, and the Tenant shall give immediate notice to the Landlord of any known violation or potential violation of the provisions of subparagraph (8.1.2) hereof. 8.1.7 Prior to the commencement of construction of any Improvements, an environmental audit regarding the Leased Premises shall be conducted by a qualified environmental auditor selected by Tenant consisting at a minimum of a Phase I audit and at such additional levels as is reasonably sufficient to determined the environmental condition of the Leased Premises at the commencement of the Lease. The cost of the environment audit shall be bome by the Tenant. 8.2 Notices and Payments. Any notice or payment which may or shall be made under the terms of this Lease shall be in writing (in the case of a notice) shall be either delivered by hand or sent by United States Registered or Certified Mail, Return Receipt Requested, or by any overnight mail service (e.g. Federal Express, United Parcel Services), postage prepaid, to the address set out in Article I hereof or to such Address as may be contained in a notice given as provided above. 8.3 Short Form. Upon request by either party, the parties shall execute and record a memorandum or Short form of this Lease setting forth such provisions hereof as either party may wish to incorporate. 8.4. Entire Agreement. This Lease and any written addenda referred to herein and all exhibits hereto expressly referred to herein (which are expressly incorporated herein by this reference) shall constitute the entire agreement between Landlord and Tenant and no prior written or prior or contemporaneous oral promises or representations shall be binding. This Lease shall not be amended, changed or extended except by written instrument signed by both parties hereto. 8.5 Interpretation: Governing _Law. Pronouns, where used herein, of whatever gender, shall include natural persons, corporations, and associations of every kind and character, and the singular shall include the plural . and vice versa where and as often as may be appropriate. Article and section headings under this Lease are for convenience of reference and shall not affect the construction or interpretation of this Lease. Whenever the terms "hereof," "hereby," "herein," or words of similar import are used in this Lease, they shall be construed as referring to this Lease in its entirety rather than to a particular section or provision, unless the context specifically indicates to the contrary. Any reference to a particular "Article" or "Section" shall be construed as referring to the indicated Article or Section of this Lease. Statements herein in respect to compliance with applicable law or text of similar import shall be construed to require compliance with applicable law as now or hereafter in effect. The laws of the State of North Carolina shall govern the validity, performance and enforcement of this Lease and this Lease shall be construed pursuant to such law. 8.6 Binding Effect. The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns, or the parties, but this provision shall in no way alter the restrictions on assignment and subletting applicable to Tenant hereunder. 8.7 Relationship of the Parties. This Lease shall not act to create the relationship of partner or joint venturer between Landlord and Tenant. 8.8 Severabilit . In the event any term, covenant or condition of this Lease or the application thereof to any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforceable to full extend permitted by law.