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41 <br /> (c) Send payment of monthly rent to the following address: <br /> Europa Center, LLC, c/o Avison Young - NC, LLC <br /> P.O. Box 900002, Raleigh, NC 27675-9000 <br /> Either party may change its designated facsimile number for receipt of notice by written notice to the other <br /> party pursuant to this Section 33. <br /> 34. ENTIRE AGREEMENT; MODIFICATION. This Lease contains the entire agreement of the parties in <br /> regard to the Leased Premises. There are no oral agreements existing between them and there shall be no <br /> oral changes. Neither Landlord nor any agent of Landlord has made any representations, warranties or <br /> promises with respect to the Rented Space,the Building or the Europa Center, or the use of any amenities or <br /> facilities,except as expressly set forth in this Lease. Any agreement made after this Lease is signed shall be <br /> ineffective to change,waive, modify, discharge, or terminate it in whole or in part unless such agreement is in <br /> writing and executed by both Landlord and Tenant. <br /> 35. RIDERS AND EXHIBITS. All riders and exhibits attached to this Lease and initialed by the Landlord <br /> and the Tenant are hereby made a part of this Lease as though inserted in this Lease. <br /> The following Exhibits are attached hereto and incorporated herein: <br /> Exhibit A Site of Europa Center <br /> Exhibit B Sketch of Rented Space <br /> Exhibit C Rules and Regulations <br /> 36. SECTION HEADINGS. The headings of sections are for convenience only and do not limit or alter <br /> the contents of the sections. <br /> 37. NUMBER AND GENDER. The words"Landlord"and "Tenant"wherever used in the Lease shall be <br /> construed to mean plural where necessary, and the necessary grammatical changes required to make the <br /> provisions hereof apply either to corporations, partnerships or individuals, men orwomen,shall in all cases be <br /> assumed as though in each case fully expressed. <br /> 38. GOVERNING LAW. This Lease shall be governed and construed pursuant to the laws of North <br /> Carolina. <br /> 39. SEVERABILITY. If any term, covenant or condition of this Lease or the application thereof to any <br /> person or circumstance shall, to any extent, be invalid or unenforceable,the remainder of this Lease shall not <br /> be affected thereby; and each term, covenant or condition of this Lease shall be valid and be enforced to the <br /> fullest extent permitted by law. <br /> 40. MODIFICATION BY MORTGAGEE. Should any mortgagee or ground lessee of Landlord require a <br /> modification or modifications of this Lease, which modification or modifications will not bring about any <br /> increased cost or expense to Tenant or in any other way substantially change the rights and obligations of <br /> Tenant hereunder, then Tenant shall execute a written modification to such effect within ten (10) business <br /> days of request by Landlord. <br /> 41. BINDING EFFECT. Each provision of this Lease shall extend to and shall bind and inure to the <br /> benefit of the Landlord and the Tenant and their respective heirs, legal representatives, successors and <br /> assigns. <br /> 42. LIMITATION ON RIGHT OF RECOVERYAGAINST LANDLORD. Tenant acknowledges and agrees <br /> that the liability of Landlord under this Lease shall be limited to its interest in the Europa Center and any <br /> judgments rendered against Landlord shall be satisfied solely out of the proceeds of the sale of its interest in <br /> the Europa Center. No personal judgment shall lie against Landlord upon extinguishment of its rights in the <br /> Europa Center and any judgment so rendered shall not give rise to any right of execution or levy against <br /> Landlord's assets. The provisions hereof shall inure to Landlord's successors and assigns, including any <br /> Mortgagee. The foregoing provisions are not intended to relieve Landlord from the performance of any of <br /> Landlord's obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery <br /> of a judgment against Landlord; nor shall the foregoing be deemed to limit Tenant's rights to obtain injunctive <br /> relief or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by <br /> law or under this Lease. <br /> 43. BROKERAGE. The Tenant and Landlord each represents to the other that it has dealt directly with <br /> and only with Pickett-Sprouse Commercial Real Estate and Avison Young - NC, LLC, as brokers in <br /> connection with this Lease, and that no other broker procured this Lease or is entitled to any commission in <br /> connection with the Lease, and in the event either party has hired another broker such hiring party shall <br /> Page 16 -THE LUROPA CENTER Lease <br /> Landlord Tenant <br /> Initials Initials <br />