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<br />8.9 Construction of Lease: Negotiation by the Parties. Landlord and Tenant have each had an opportunity <br />through their appointed representatives or otherwise to discuss and negotiate the terms of this Lease and are <br />informed and capable of evaluating the contents thereof. Accordingly, this Lease shall not be construed <br />either for or against Landlord or Tenant whether or not a specific provision thereof was drafted by or on <br />behalf of the Landlord or Tenant, as the case may be. <br />8.10 Liabilitv. All parties hereto and Sub-Tenant are governmental entities; therefore, each party to the extent <br />authorized by law, shall be liable for claims and liabilities arising by virtue of or relating to this lease or any <br />negligent acts or omissions of their employees and agents, and all claims arising out of or from the use of <br />plans and specifications for the construction, ownership, operation and management of any Improvements <br />located on the Leased Premises. <br />8.11 No Waiver. The waiver by Landlord of any agreement, condition, or provision contained in this Lease will <br />not be deemed a waiver of any subsequent breach of the same or any other agreement, condition, or <br />provision contained in this Lease, nor will any custom or practice that may grow up between the parties in <br />the administration of the terms of this Lease be construed to waive or lessen the right of Landlord to insist <br />upon the performance by Tenant in strict accordance with the terms of this Lease <br />IN WITNESS WHEREOF, Landlord and Tenant have executed this instrument under seal as of the day <br />and year first above written. <br />LANDLORD: <br />ATTEST: <br />By: By: <br />Secretary <br />[CORPORATE SEAL] <br />ATTEST: <br />By: <br />[CORPORATE SEAL] <br />STATE OF NORTH CAROLINA COUNTY OF ORANGE <br />TENANT: <br />By: <br />I, a Notary Public in and for the County and State aforesaid, <br />do hereby certify that , Secretary of State of North Carolina, <br />personally came before me this day and acknowledged that she is Secretary of State of North Carolina, and that by <br />authority duly given and as the act of the State, the foregoing instrument was signed in its name by JAMES B. <br />HUNT, JR., Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and <br />attested by herself as Secretary of State of North Carolina. <br />IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the day of <br />120001. <br />Notary Public <br />My commission expires: