Orange County NC Website
19 <br /> 19. TENANT'S WAIVER OF CLAIMS; MUTUAL RELEASES. <br /> (a) Tenant's Waiver of Claims. To the extent permitted by law,the Tenant releases the Landlord and <br /> its agents, officers, and employees from, and waives all claims for damage or injury to person or property or <br /> disruption to business sustained by the Tenant, any guest, invitee, trespasser, or any occupant of the <br /> Property, the Building or the Rented Space, or any part or any of them, resulting from any accident, mishap or <br /> other occurrence in or about the Property, whatever the cause. This shall include but not be limited to, the <br /> flooding of surface areas, basements or other subsurface areas, and damage caused by refrigerators, <br /> sprinkling devices, air conditioning or electrical equipment,water, snow,frost, steam, excessive heat or cold, <br /> falling plaster, broken glass, sewage, gas, odors or noise or the bursting or leaking of pipes or plumbing <br /> fixtures, and shall apply equally whether any such damage results from the act or neglect of the Landlord, <br /> other tenants, occupants or servants in the Building or any other person, and whether such damage be <br /> caused or result from anything or any circumstance above mentioned or referred to, or any other thing or <br /> circumstance whether of a like nature or of a wholly different nature. <br /> (b) Tenant's Release. Notwithstanding anything to the contrary contained in this Lease, Tenant <br /> hereby releases Landlord from any and all liability for loss or damage coverable by the insurance required to <br /> be carried by Tenant in Section 18 above, even if the insured peril shall be brought about by the default, <br /> negligence or other action of the Landlord, its agents, employees, tenants, invitees or any of them. <br /> 20. EMINENT DOMAIN. If all of the Rented Space, or such part thereof as will make the same unusable <br /> for the purposes contemplated by this Lease, be taken under the power of eminent domain(or a conveyance <br /> in lieu thereof),then this Lease shall terminate as of the date possession is taken by the condemner,and rent <br /> shall be adjusted between Landlord and Tenant as of that date. If only a portion of the Rented Space is taken <br /> and Tenant can continue use of the remainder,then the Lease will not terminate, but rent shall abate in a just <br /> and proportionate amount to the loss of use occasioned by the taking. Tenant shall have no right or claim to <br /> any part of any award made to or received by Landlord for any taking and no right or claim for any alleged <br /> value of the unexpired portion of this Lease; provided, however, that Tenant shall not be prevented from <br /> making a claim against the condemning party (but not against Landlord) for any moving expenses, loss of <br /> profits, or taking of Tenant's personal property (other than its leasehold estate) to which Tenant may be <br /> entitled. In the event of a temporary taking of ninety(90) days or less,this Lease shall not terminate, but the <br /> term of this Lease shall be extended by the period of the taking and the rent shall abate in proportion to the <br /> area taken for the period of such taking. <br /> 21. UTILITIES AND OTHER SERVICES. <br /> (a) Standard Services. Tenant is solely responsible for the cost, maintenance, operation, and <br /> provision of all utilities including but not limited to electrical, HVAC, plumbing, etc. <br /> (b) Intent. It is the intent of this Lease that Landlord is released from responsibility to provide utilities <br /> access on the Property and such responsibility rests solely with Tenant. <br /> 22. COVENANT OF TITLE AND QUIET ENJOYMENT. Landlord covenants that it has full right and <br /> power to execute this Lease and to grant the estate demised in this Lease. The Landlord's title is and always <br /> shall be paramount to the title of the Tenant, and nothing herein contained shall empower the Tenant to do <br /> any act which can, shall or may encumber such title. Landlord also covenants that if Tenant promptly and <br /> punctually complies with each of its obligations hereunder, it shall peacefully have and enjoy the possession <br /> of the Leased Premises during the term of this Lease, provided that no action of Landlord in repairing or <br /> restoring the Rented Space or in working in other space in the Building, shall be deemed a breach of this <br /> covenant. <br /> 23. INSPECTION PERIOD. For a period of one hundred twenty(120) days following the date of the full <br /> execution of this Lease (the "Inspection Period"), Tenant may, at Tenant's sole expense, make such <br /> inspections of the Premises as it deems necessary, including the taking of soil samples in conjunction with <br /> engineering studies, and examining of permitted uses on the Premises. Tenant may obtain an ALTA/ACSM <br /> or other form of survey of the Premises during the Inspection Period, and, in the eventthe legal description of <br /> the Premises materially differs from the legal description attached hereto as Exhibit A, this Lease shall be <br /> amended to replace Exhibit A with the legal description from Tenant's survey. Tenant may further obtain from <br /> a reputable company actively engaged in the business of environmental engineering and testing,such reports <br /> as Tenant deems necessary to assess the presence of, and risk caused by, asbestos, petroleum products or <br /> other potentially hazardous, toxic or dangerous materials in the Premises. Landlord shall allow Tenant, its <br /> agents and representatives, access to the Premises during the Inspection Period forthe purposes of the such <br /> testing and inspections, and Tenant agrees to leave the Premises in substantially as good of condition as <br /> existed prior to such inspections. During the Inspection Period, Tenant shall also be permitted to apply for <br /> any and all permits, approvals and licenses for the construction of Tenant's improvements on the Premises, <br /> and the operation of Tenant's business therein (collectively, the "Permits"). Landlord agrees to join in any <br /> necessary applications for such Permits. At any time during the Inspection Period, Tenant may, in its sole <br /> discretion, notify Landlord that the Premises is not suitable for its intended use by Tenant, upon which notice <br /> the Lease shall be terminated and of no further force and effect, and neither party shall have any further <br /> Ap "�-' <br /> Landlord Tenant <br /> Initials Initials <br />