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23 <br /> memorandum of lease may be recorded by Tenant with the Orange County Register of Deeds following the <br /> expiration of the Inspection Period. <br /> 45. FORCE MAJEURE. Except for the payment by Tenant to Landlord of any sum due under this Lease, <br /> neither Landlord nor Tenant shall be considered in default of any of the terms, covenants and conditions of <br /> this Lease on such party's part to be performed if such party fails to timely perform same, and such failure is <br /> due, in whole or in part, to any strike, lockout, labor trouble, whether legal or illegal, civil disorder, inability to <br /> procure materials, failure of power, restrictive governmental laws and regulations, riots, insurrections, war, <br /> fuel shortages, accidents, pandemic or epidemic, casualties,Acts of God,acts caused directly or indirectly by <br /> the other party or its's agents, employees or invitees, or any other cause beyond the reasonable control of the <br /> performing party. Force Majeure does not include failure of the Tenant to secure permitting necessary for the <br /> up-fit, occupancy, or other use of the Property. <br /> 46. TAXES. Tenant shall be responsible for all ad valorem taxes on the Property (if any) during the Term, <br /> taxes on its personal property and on the value of any leasehold improvements. <br /> 47. COUNTERPARTS. This Lease may be executed in counterparts. Each fully executed counterpart shall <br /> be an original and it shall not be necessary in making proof of this Lease to produce or account for more than <br /> one such counterpart. The submission of this Lease by Landlord, its agent or representative,for examination <br /> or execution by Tenant does not constitute an option or offer to lease the Leased Premises upon the terms <br /> and conditions contained herein or a reservation of the Property in favor of Tenant. It is intended hereby that <br /> this Lease shall only become effective upon the execution hereof by Landlord and delivery of a fully executed <br /> counterpart hereof to Tenant. <br /> 48. MISCELLANEOUS. All rights and remedies of Landlord underthis Lease shall be cumulative and none <br /> shall exclude any other rights or remedies allowed by law. In the event this Lease or any term or condition <br /> hereof is prohibited by law, it shall be considered null and void and of no further effect. In the event of a <br /> conflict between the terms and conditions of this Lease and the Lease Provisions Term Sheet, the terms of <br /> the Lease shall govern and control. <br /> IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease,to be effective as of the date <br /> first stated above. <br /> LANDLORD: <br /> Orange County North Carolina <br /> P.O. Box 8181 <br /> Hillsborough, North Carolina 27278 <br /> w <br /> Attest: <br /> Renee Price, Chair <br /> TENANT: <br /> Well Dot, Inc. <br /> xa <br /> Attest: °,fr� � i By: <br /> �� <br /> Landlord Tenant <br /> Initials Initials <br />