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<br /> representations,warranties or promises with respect to the Rented Space,the Building or the Property, or the
<br /> use of any amenities or facilities, except as expressly set forth in this Lease. Any agreement made after this
<br /> Lease is signed shall be ineffective to change, waive, modify, discharge, or terminate it in whole or in part
<br /> unless such agreement is in writing and executed by both Landlord and Tenant.
<br /> 35. RIDERS AND EXHIBITS. All riders and exhibits attached to this Lease and initialed by the Landlord
<br /> and the Tenant are hereby made a part of this Lease as though inserted in this Lease.
<br /> The following Exhibits are attached hereto and incorporated herein:
<br /> Exhibit A Site and Legal Description of Property
<br /> Exhibit B Sketch of Rented Space
<br /> Exhibit C Memorandum of Lease
<br /> 36. SECTION HEADINGS. The headings of sections are for convenience only and do not limit or alter
<br /> the contents of the sections.
<br /> 37. NUMBER AND GENDER. The words"Landlord"and "Tenant"wherever used in the Lease shall be
<br /> construed to mean plural where necessary, and the necessary grammatical changes required to make the
<br /> provisions hereof apply either to corporations, partnerships or individuals, men orwomen, shall in all cases be
<br /> assumed as though in each case fully expressed.
<br /> 38. GOVERNING LAW AND TENANT'S RELEASE. This Lease shall be governed and construed
<br /> pursuant to the laws of North Carolina. Any action brought to enforce or contest any term or provision of this
<br /> Lease shall be brought in the North Carolina General Court of Justice sitting in Orange County, North
<br /> Carolina. The Parties hereto stipulate to the jurisdiction of said court. It is agreed by the Parties that no other
<br /> court shall have jurisdiction or venue with respect to any claims, complaints, suits, or actions arising out of or
<br /> related to this Lease. Binding arbitration may not be initiated by either party, however,the Parties may agree
<br /> to nonbinding mediation of any dispute prior to the bringing of a claim, complaint, suit, or action. Should any
<br /> court having jurisdiction determine this Lease in whole or in material part is unlawful or the entering thereof is
<br /> or was outside the scope of Landlord's authority, Landlord may terminate this Lease without further obligation
<br /> (except as provided herein) and Tenant specifically releases and holds harmless Landlord, its agents,
<br /> employees, officers and assigns from any loss, liability, claim or damage suffered by Tenant as a result
<br /> thereof and waives the right to bring any action or complaint against Landlord to recover for same.
<br /> Notwithstanding the foregoing, in the event of any such termination, Tenant may elect to exercise the option
<br /> to purchase set forth in Section 3(d) herein by providing Landlord with written notice thereof within sixty(60)
<br /> days of such termination, and such termination shall not void Tenant's option to purchase so long as Tenant
<br /> provides such written notice within the aforesaid 60-day period.
<br /> 39. SEVERABILITY. If any term, covenant or condition of this Lease or the application thereof to any
<br /> person or circumstance shall,to any extent, be invalid or unenforceable,the remainder of this Lease shall not
<br /> be affected thereby; and each term, covenant or condition of this Lease shall be valid and be enforced to the
<br /> fullest extent permitted by law.
<br /> 40. Intentionally Omitted.
<br /> 41. BINDING EFFECT. Each provision of this Lease shall extend to and shall bind and inure to the
<br /> benefit of the Landlord and the Tenant and their respective heirs, legal representatives, successors, and
<br /> assigns.
<br /> 42. LIMITATION ON RIGHT OF RECOVERY AGAINST LANDLORD. Tenant acknowledges and agrees
<br /> that the liability of Landlord under this Lease shall be limited to its interest in the Property and any judgments
<br /> rendered against Landlord shall be satisfied solely out of the proceeds of the sale of its interest in the
<br /> Property. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Property
<br /> and any judgment so rendered shall not give rise to any right of execution or levy against Landlord's assets.
<br /> The provisions hereof shall inure to Landlord's successors and assigns, including any Mortgagee. The
<br /> foregoing provisions are not intended to relieve Landlord from the performance of any of Landlord's
<br /> obligations under this Lease, but only to limit the personal liability of Landlord in case of recovery of a
<br /> judgment against Landlord; nor shall the foregoing be deemed to limit Tenant's rights to obtain injunctive relief
<br /> or specific performance or to avail itself of any other right or remedy which may be awarded Tenant by law or
<br /> under this Lease.
<br /> 43. BROKERAGE. The Tenant and Landlord each represents to the other that it has not dealt directly
<br /> with any brokers in connection with this Lease, and that no broker procured this Lease or is entitled to any
<br /> commission in connection with the Lease, and in the event either party has hired a broker such hiring party
<br /> shall indemnify, defend, and hold forever harmless the other party from and against any claim by such hired
<br /> broker and from and against any and all costs directly or indirectly arising out of any such hiring.
<br /> 44. MEMORANDUM. Concurrently with the execution of this Lease,the Landlord and Tenant shall execute
<br /> and deliver a memorandum of lease in the form provided for on Exhibit C attached hereto and incorporated
<br /> herein, which memorandum of lease shall reference Tenant's right to purchase the property, and such
<br /> andlord Tenant
<br /> Initials Initials
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