2020-092 County Mgr - Eno River Mill office space lease

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appliances , plumbing, air conditioning or lighting fixtures or from any other cause , whether such damage or injury results from conditions arising upon the Demised Premises or upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage or injury or means of repairing the same is inaccessible to Tenant unless such damage or injury was due to the gross negligence or willful misconduct of Landlord (and not other tenants) . Anything in this Lease to the contrary notwithstanding, the covenants , undertakings and agreements herein made on the part of Landlord are made and intended not for the purpose of binding Landlord personally or the assets of the Landlord, but are made and intended to bind only the Landlord ' s interest in the Demised Premises , the Building, and the Property, as the same may, from time to time, be encumbered, and no personal liability shall at any time be asserted or enforceable against Landlord on account of the Lease or on account of any covenant, undertaking or agreement of the Landlord in this Lease except as against Landlord ' s interest in the Demised Premises , the Building and the Property . 25 . Non-Appropriation . Landlord acknowledges Tenant is a governmental entity, and the validity of this Lease is based upon the availability of public funding under the authority of its statutory mandate . In the event that public funds are unavailable and not appropriated for the performance of Tenant ' s obligations under this Lease, then this Lease shall automatically terminate without penalty or further obligation to Tenant immediately upon written notice to Landlord of the unavailability and non- appropriation of public funds . It is expressly agreed that Tenant shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Lease, but only as an emergency fiscal measure during a substantial fiscal crisis . In the event of a change in the Tenant ' s statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Tenant ' s authority to continue its obligations under this Lease , then this Lease shall automatically terminate without penalty or further obligation to Tenant upon written notice to Landlord of such limitation or change in Tenant ' s legal authority . 26 . Miscellaneous . Headings of articles and sections are for convenience only and are not to be considered in construing the meaning of the contents of same . The invalidity of any portion of this Lease shall not have any effect on the balance hereof. Should Landlord or Tenant institute any legal proceedings against the other for breach of any provision herein contained , and prevail in such action, the losing party shall in addition be liable for the costs and expenses of the prevailing party including its reasonable attorneys ' fees . This Lease is binding upon the respective parties hereto , and upon their heirs , executors, successors , and assigns . This Lease supersedes and cancels all prior negotiations between the parties , and no changes , amendments or modifications hereto shall be effective unless in writing signed by the party affected by such change, amendment or modification . Landlord reserves the right to promulgate (and change from time to time) reasonable regulations it deems appropriate for the common use and benefit of all tenants, with which regulations Tenant shall comply . Landlord may assign this Lease without the consent of Tenant or may sell the Property or the Building without affecting the obligations of Tenant hereunder, and upon such assignment or sale, Landlord shall be relieved of all obligations under this Lease and the term "Landlord" as used in this Lease shall refer to and mean such successor landlord . If any security deposit or prepaid Rent has been paid by Tenant, Landlord shall transfer the security deposit or prepaid Rent to Landlord ' s successor or return to Tenant . Tenant agrees to attorn to any successor to Landlord . This Lease may not be recorded without Landlord ' s prior written consent, but Tenant and Landlord agree on request of the other to execute a memorandum hereof and record the same . The singular shall include the plural, and the masculine , feminine or neuter includes the other . Each of Landlord and Tenant represents to the other that each has lawful authority to enter into this Lease and by to be legally bound in accordance with the terms and signing it in their name as set forth below, OCAC Lease Page 15