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10 <br /> ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all <br /> of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may <br /> be required by any Federal,State or Local authorities as well as a satisfactory building structural analysis <br /> which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in <br /> its effort to obtain such approvals and shall take no action which would adversely affect the status of the <br /> Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such <br /> applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval <br /> issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental <br /> authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely <br /> manner, (iv) LESSEE determines that the Premises is no longer technically compatible for its use; or (v) <br /> LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE <br /> shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate <br /> shall be given to LESSOR in accordance with the notice provisions set forth in Paragraph 17 and shall be <br /> effective upon the mailing of such notice by LESSEE,or upon such later date as designated by LESSEE. All <br /> rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this <br /> Agreement shall be of no further force or effect except to the extent of the representations, warranties <br /> and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no <br /> further obligations for the payment of rent to LESSOR. <br /> 7. INDEMNIFICATION. Subject to Paragraph 8, below, to the extent authorized by North <br /> Carolina law each Party shall indemnify and hold the other harmless against any claim of liability or loss <br /> from personal injury or property damage resulting from or arising out of the negligence or willful <br /> misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such <br /> claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, <br /> or its employees, contractors or agents. <br /> 8. INSURANCE. <br /> a. The Parties remain responsible for damage caused by their own negligent acts <br /> or omissions to the property of the other to the maximum limit of the insurance policy limits required <br /> herein. <br /> b. LESSOR and LESSEE each agree that at its own cost and expense, each will <br /> maintain commercial general liability insurance with limits not less than $2,000,000 per occurrence for <br /> bodily injury(including death)and for damage or destruction to property. <br /> 9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 21, <br /> neither Party shall be liable to the other, or any of their respective agents, representatives, employees <br /> for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, <br /> special or consequential damages, loss of data, or interruption or loss of use of service, even if advised <br /> of the possibility of such damages, whether under theory of contract, tort (including negligence), strict <br /> liability or otherwise. <br /> 10. ANNUAL TERMINATION. <br /> 4 <br /> 4849-2188-8346vg <br /> 3000001-101524 <br />