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Anything in this Lease to the contrary notwithstanding, Landlord releases, and waives unto
<br /> Tenant (including all partners , stockholders , officers , directors , employees , and agents thereof), its
<br /> successors and assigns , and Tenant releases and waives unto Landlord (including all partners ,
<br /> stockholders , officers, directors , employees and agents thereof) , its successors and assigns , all rights to
<br /> claim damages for any injury, loss, cost, or damage to persons or to the Demised Premises or the Property
<br /> which is occasioned by fire, explosion, accident, occurrence or condition in, on or about the Demised
<br /> Premises or the Property or any other casualty, as long as and to the extent of the amount of which injury,
<br /> loss , cost or damage has been paid either to Landlord, Tenant, or any other person, firm or corporation,
<br /> under the terms of any fire, extended coverage, public liability or other policy of insurance, and to the
<br /> extent such releases or waivers are permitted under applicable law . All policies of insurance carried or
<br /> maintained pursuant to this Lease shall contain or be endorsed to contain a provision whereby the insurer
<br /> waives all rights of subrogation against either Tenant or Landlord, as the case may be, provided such a
<br /> provision shall be obtainable . If insurance policies which such waiver of subrogation provision shall not
<br /> be obtainable, then the provisions relating to waiver of subrogation as contained in this article 11 shall
<br /> have no effect during such time as insurance policies with a waiver of subrogation shall not be obtainable .
<br /> If any provision relating to a waiver of subrogation as set forth in this article 11 shall contravene any
<br /> present or future law with respect to exculpatory agreements, the liability of the party affected shall be
<br /> deemed not released but shall be secondary to the other' s insurer .
<br /> To the extent authorized by North Carolina law Tenant shall indemnify and hold Landlord
<br /> Landlord
<br /> harmless from and against any and all claims arising out of (a) Tenant ' s use of the Demised Premises or
<br /> any part thereof, (b) any activity, work, or other thing done, permitted or suffered by Tenant in or about
<br /> the Demised Premises or the Property, or any part thereof, (c) any breach or default by Tenant in the
<br /> performance of any of its obligations under this Lease, or (d) any act or negligence of Tenant, or any
<br /> officer, agent, employee , contractor, servant, invitee or guest of Tenant; and in each case from and against
<br /> any and all damages, losses , liabilities , costs and expenses ( including reasonable attorneys ' fees at all
<br /> tribunal levels) arising in connection with any such claim or claims as described in ( a) through (d) above ,
<br /> or any action brought thereon . Tenant assumes all risk of damage or loss to its property or injury or death
<br /> to persons in, on, or about the Demised Premises , the Building or the Property, from all causes except
<br /> those for which the law imposes liability on Landlord regardless of any attempted waiver thereof, and
<br /> Tenant hereby waives such claims in respect thereof against Landlord . The provisions of this paragraph
<br /> shall survive the expiration or termination of this Lease .
<br /> lie Subordination ; Attornment ; Landlord Financing. Tenant agrees that this Lease will either be
<br /> subordinate or superior to any mortgage or deed of trust heretofore or hereafter executed by Landlord
<br /> covering the Demised Premises , depending on the requirements of such mortgagee or beneficiary of such
<br /> deed of trust (collectively, "Mortgagee") . Upon request, Tenant will execute such agreement( s ) making
<br /> this Lease superior or subordinate as the Mortgagee may request, and will agree to attorn to such
<br /> Mortgagee provided the Mortgagee agrees not to disturb Tenant ' s possession hereunder so long as Tenant
<br /> is in compliance with this Lease and provided that such non- disturbance agreement shall recite that it
<br /> shall extend to any successor- in- interest to Mortgagee including, but not limited to, any purchaser at a
<br /> judicial foreclosure or a foreclosure sale under power of sale contained in the deed of trust or mortgage .
<br /> Landlord consents to Tenant ' s execution of Landlord ' s Mortgagee ' s subordination, attornment and non-
<br /> disturbance agreement, and to be bound by the provisions thereof. Further, Tenant agrees to execute
<br /> within 10 days of request therefor, and as often as requested, estoppel certificates setting forth the facts
<br /> with respect to date of occupancy, expiration date of this Lease, the amount of rent due and date to which
<br /> rent is paid, whether or not it has any defense or offsets to the enforcement of this Lease or knowledge of
<br /> any default or breach by Landlord, that this Lease is in full force and effect except as to any modifications
<br /> or amendments , copies of which Tenant shall attach to such estoppel certificate , and any other facts
<br /> reasonably requested .
<br /> OCAC Lease Page 9
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