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Space that may be required for repairs and alterations without the same constituting an eviction of the Tenant
<br /> in whole or in part , and the rent reserved shall in no wise abate ( except as provided in Section 17 ) while
<br /> repairs and alterations are being made , by reason of loss or interruption of business of the Tenant , or
<br /> otherwise . If the Tenant shall not be personally present to open and permit an entry into the Rented Space at
<br /> any time when for any reason an entry into the Rented Space shall be necessary or permissible , the Landlord
<br /> or Landlord ' s agents may enter the same by a master key , or may forcibly enter the same , without rendering
<br /> the Landlord or such agents liable therefore ( if during such entry Landlord or Landlord ' s agents shall accord
<br /> reasonable care to Tenant' s property) and without in any manner affecting the obligations and covenants of
<br /> this Lease . Nothing herein contained , however , shall be deemed or construed to impose upon the Landlord
<br /> any obligations , responsibility or liability whatsoever , for the care , supervision or repair of the Building or any
<br /> part thereof , other than as provided in this Lease . The Landlord shall also have the right at anytime without
<br /> the same constituting an actual or constructive eviction and without incurring any liability to the Tenant
<br /> therefor, to change the arrangement and /or locations of entrances and passageways , doors and doorways ,
<br /> and corridors , elevators , toilets , parking areas and other Common Areas . The Landlord shall have the right to
<br /> show the Rented Space to prospective new tenants during the last 120 days of the Term . The Landlord shall
<br /> not be liable to the Tenant for any expense , injury , loss or damage resulting from work done in or upon , or the
<br /> use of, any adjacent or nearby building , land , street or alley .
<br /> 30 . MANAGING AGENT . Landlord reserves the right to designate a Managing Agent and to delegate any
<br /> or all of Landlord ' s powers , duties , obligations , or rights under this Lease to the Managing Agent . To the
<br /> extent Landlord ' s duties or obligations under this Lease are assumed in writing by the Managing Agent ,
<br /> Landlord shall not be responsible for the assumed duties or obligations . Tenant's rights and obligations
<br /> under this Lease shall not be affected by designation of a Managing Agent by the Landlord .
<br /> 31 . SUBORDINATION . This Lease is subject and subordinate to all security liens , mortgages , deeds of
<br /> trust and related financing instruments which may now or hereafter affect the Europa Center or any part
<br /> thereof, and to all renewals , modifications , consolidations , replacements , amendments and extensions
<br /> thereof , unless Landlord or any lender secured by a mortgage , deed of trust or similar security instrument
<br /> elects to make this Lease superior to same , which it may do at its option . Tenant shall execute within ten ( 10 )
<br /> days after request any certificate , subordination agreement , priority agreement or other form of instrument in
<br /> confirmation of such subordinate or superior status that Landlord may request , including an agreement to
<br /> attorn . Tenant hereby irrevocably appoints Landlord its attorney in fact to execute and deliver any such
<br /> instrument on behalf of Tenant if Tenant fails or refuses to execute or deliver same as required by this Lease .
<br /> Tenant shall also execute within ten ( 10 ) days after request an agreement with any lender pursuant to which
<br /> Tenant agrees to give such lender a minimum period of sixty ( 60 ) days after Tenant' s notice to such lender for
<br /> the lender to cure Landlord ' s default prior to Tenant ' s terminating this Lease due to Landlord ' s default .
<br /> 32 . RESERVATION OF RIGHTS . Landlord hereby reserves to itself and its successors and assigns the
<br /> following rights ( all of which are hereby consented to by Tenant) :
<br /> ( a ) to change the street address and /or name of the Building and /or the arrangement and /or
<br /> location of entrances , passageways , doors , doorways , corridors , elevators , stairs , toilets or other public parts
<br /> of the Building ;
<br /> ( b ) to grant to anyone the exclusive right to conduct any particular business or undertaking in the
<br /> Building ; and
<br /> ( c) to construct future phases of the Europa Center attached to the Building .
<br /> Landlord may exercise any or all of the foregoing rights without being deemed to be guilty of an eviction ,
<br /> actual or constructive , or a disturbance or interruption of the business of Tenant or Tenant' s use or
<br /> occupancy of the Leased Premises .
<br /> 33 . NOTICES . Any notices which Landlord or Tenant requires or desires to give to the other relating to
<br /> this Lease or the Leased Premises must be in writing and shall be deemed sufficiently given and delivered if:
<br /> ( a ) Hand -delivered to the following addresses :
<br /> If to Landlord : Europa Center, LLC
<br /> c/o Avison Young - NC , LLC
<br /> 100 Europa Drive , Suite 190 , Chapel Hill , NC 27517
<br /> If to Tenant : Orange County
<br /> 100 Europa Drive , Suite 101 , Chapel Hill , NC , 27517
<br /> - OR-
<br /> ( b ) Sent by facsimile or email transmission to the following :
<br /> Page 15 - THE EUROPA CENTER Lease
<br /> Lan lord Tenant
<br /> Initials Initials
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