Orange County NC Website
I <br /> I <br /> Leased Premises . The County reserves the right temporarily to interrupt , curtail , stop or <br /> I <br /> suspend air- conditioning and heating service , and all other utility or other services , because of <br /> accident or emergency or for repairs , alterations , additions , or improvements , or because of f <br /> the County ' s inability to obtain , or difficulty or delay in obtaining , labor or materials necessary <br /> therefore or compliance with governmental restrictions in connection therewith , or because of <br /> any other cause beyond the County' s reasonable control , provided that , except in cases of <br /> emergency , the County will use its best efforts to limit such stoppage to after- business hours , <br /> will notify the Tenant in advance , if possible , of any such stoppage , and , if ascertainable , its <br /> estimated duration , and will proceed diligently with the work necessary to resume such service <br /> as promptly as possible and in a manner and at times as will not materially interfere with or <br /> impair the Tenant' s use of the Leased Premises . No diminution or abatement of fixed rent or <br /> other compensation shall be claimed by the Tenant , nor shall this Lease or any of the <br /> obligations of the Tenant hereunder be affected or reduced by reason of such interruption , <br /> stoppage , or curtailment , nor shall the same give rise to a claim in the Tenant ' s favor that such <br /> failure constitutes total or partial eviction from the Leased Premises , provided that if the <br /> Leased Premises shall be unreasonably untenantable for a continuous period of more than four <br /> business days by reason of any such stoppage , the fixed rent payable by the Tenant shall <br /> abate until the Tenant shall be again able to use the Leased Premises . <br /> 24 . Destruction by Fire or Other Casualty . In the event the premises or any <br /> substantial portion thereof are destroyed by fire or other casualty during the term of this Lease , <br /> it is understood and agreed that County shall have no obligation to rebuild and , at the election <br /> of County or Tenant , the Lease may be terminated . f <br /> 25 . Condemnation . If the whole of the Leased Premises , or such portion thereof f <br /> as will make the Leased Premises unsuitable for the purposes herein leased , is condemned for j <br /> any public use or purpose by any legally constituted authority , then in either of such events this <br /> Lease shall cease from the time when possession is taken by such public authority and rental <br /> shall be accounted for between the County and the Tenant as of the date of the surrender of <br /> possession . Such termination shall be without prejudice to the rights of either the County or the <br /> Tenant to recover compensation from the condemning authority for any loss or damage caused r, <br /> by such condemnation . Neither the County nor the Tenant shall have any rights in or to any <br /> award made to the other by the condemning authority . <br /> h <br /> 26 . Assignment of Lease . The Tenant shall not assign , mortgage , or encumber <br /> this Lease , nor sublet or permit the Leased Premises ses or any part thereof to be used by others , <br /> without the prior written consent of the County in each instance . Tenant may request an <br /> r <br /> assignment authority from County . Such authority may only be granted in a written instrument <br /> approved by County . If this Lease is assigned , or if the Leased Premises or any part thereof, is <br /> c <br /> sublet , or occupied by anybody other than the Tenant , the County may , after an event of default , <br /> as hereinabove defined , by the Tenant , collect rent for the assignee , subtenant , or occupant and <br /> apply the net amount collected to the rent herein reserved . No such assignment , subletting , <br /> occupancy or collection shall be deemed a waiver of this covenant , or the acceptance of this <br /> assignee , subtenant , or occupant as tenant , or a release or amendment of covenants in this <br /> Lease . The consent by the County to an assignment or subletting shall not be construed to <br /> relieve the Tenant from obtaining the consent in writing of the County to any further assignment <br /> or subletting . <br /> 27 . Assignment of Interest in Rents . The County shall have the right , without <br /> selling its fee interest in the Leased Premises or assigning its interest in this Lease , to assign <br /> from time to time the whole of the net rent at any time payable hereunder to persons , firms , <br /> Page 9 of 12 <br />