Agenda - 03-10-20; 8-k - Lease of 1000 Corporate Drive, Suites 401 and 402, Hillsborough

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13 secure a debt of Landlord) to a successor in interest who expressly assumes the obligations of Landlord under this Lease, Landlord shall thereupon be released and discharged from all its covenants, duties and obligations under this Lease, except those obligations that have accrued prior to such sale, assignment or transfer; and Tenant agrees to look solely to the successor in interest of Landlord for the performance of those covenants, duties and obligations arising after such sale, assignment or transfer. Landlord's assignment of this Lease, or of any or all of its rights pursuant to this Lease, shall not affect Tenant's obligations hereunder, and Tenant shall attorn and look to such assignee as the landlord under this Lease; provided, however, that Tenant shall have first received written notice of the assignment of Landlord's interest. 37. ADDITIONAL PROVISIONS. CHECK IF APPLICABLE. The additional provisions set forth in the attached Exhibit B are incorporated into this Lease by reference and are a part hereof. To the extent any such additional provision shall be contrary to or in conflict with any provision contained in the body of this Lease, such additional provision shall be paramount and controlling and the Lease shall be construed and interpreted consistent therewith. 38. WARRANTIES OF TENANT. (_) CHECK IF APPLICABLE. Tenant represents, warrants and covenants to Landlord that Tenant is a nonprofit corporation duly created, validly existing and in good standing in accordance with the laws of the State of North Carolina. Tenant has full right,power and authority to enter into this Lease and all required action necessary to authorize Tenant to enter into this Lease has been taken. At all times during the Term Tenant shall keep and maintain its status as a nonprofit corporation active and in good standing pursuant to the laws of the State of North Carolina. 39. GUARANTY. (_) CHECK IF APPLICABLE. _shall execute and deliver to Landlord a Lease Guaranty contemporaneously with Tenant's execution and delivery of this Lease. 40. AUTHORIZED LEASE EXECUTION. (N) CHECK IF APPLICABLE. Each individual executing this Lease as an officer, partner, member or agent of a corporation, partnership, limited liability company or governmental entity represents and warrants that he or she is duly authorized to execute and deliver this Lease for and on behalf of such corporation, partnership, limited liability company or governmental entity. 41. MEMORANDUM OF LEASE. Upon request by either Landlord or Tenant, the parties hereto shall execute a short form lease (Memorandum of Lease), in recordable form, setting forth such provisions hereof(other than the amount of the annual rent and other sums due) as either party may wish to incorporate. The cost of recording such Memorandum of Lease shall be borne by the party requesting same. 42. GOVERNING LAW AND JURIDICTION. This Lease shall be governed by and construed, interpreted and enforced in accordance with the laws and decisions of the State of North Carolina. Any action or proceeding brought by any party to construe, interpret or enforce this Lease, or any provision hereof, shall be instituted and prosecuted in the District or Superior Court of Orange County, North Carolina, and each party hereto hereby submits and consents to the jurisdiction and venue of said court and waives any right or defense relating to such jurisdiction and venue. 43. DATE OF LEASE. When and as used herein, Date of Lease" shall mean the date as of which both Landlord and Tenant shall have executed this Lease as indicated below. THIS LEASE IS A LEGAL DOCUMENT. EXECUTION OF THIS LEASE HAS LEGAL CONSEQUENCES THAT COULD BE ENFORCEABLE IN A COURT OF LAW. TENANT SHOULD CONSULT ITS ATTORNEY BEFORE EXECUTING THIS LEASE. 11