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Agenda 10-03-23; 8-g - Five-Year Lease Extension for Hillsborough Commons
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Agenda 10-03-23; 8-g - Five-Year Lease Extension for Hillsborough Commons
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9/28/2023 1:05:30 PM
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10/3/2023
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Business
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Agenda
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8-g
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Agenda for October 3, 2023 BOCC Meeting
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Attachment 1 3 <br /> 5. No Third-Party Beneficiaries. Notwithstanding any other provision of <br /> thisAmendment or the Lease, Tenant and Landlord hereby agree that (i) no individual or entity <br /> shall be considered, deemed or otherwise recognized to be a third-party beneficiary of this <br /> Amendment or the Lease, as amended; (ii) the provisions of the Lease, as amended, are not <br /> intended to be for the benefit of any individual or entity other than Tenant and Landlord; (iii) no <br /> individual or entity shall obtain any right to make any claim against Tenant and Landlord under <br /> the provisions of the Lease, as amended; and (iv)no provision of the Lease, as amended, shall be <br /> construed or interpreted to confer third-party beneficiary status on any individual or entity. For <br /> purposes of this paragraph, the phrase "individual or entity" means any individual or entity, <br /> including, but not limited to, individuals, contractors, subcontractors, vendors, subvendors, <br /> assignees, licensors and sublicensors, regardless of whether such individual or entity is named in <br /> this Amendment or the Lease, as amended. <br /> 6. Affirmation of Lease Terms. Except as modified by this Amendment,Landlord and <br /> Tenant each hereby ratify the Lease and agree that the Lease shall remain unchanged and shall <br /> continue in full force and effect. In the event there is any conflict between the terms of the Lease <br /> and the terms set forth in this Amendment, the terms specifically set out in this Amendment shall <br /> control. From and after the Effective Date, any and all references to"the Lease"or"this Lease"in <br /> the Lease shall mean the Lease as modified by this Amendment. <br /> 7. Mutual Authorization Representation. Each of Landlord and Tenant hereby <br /> represent and warrant to each other that: (a)this Amendment(and each term and provision hereof) <br /> has been duly and appropriately authorized and executed by such parry through proper written <br /> corporate or limited liability company action and approval; and (b) no additional consent, <br /> agreement, or approval is required with respect hereto. <br /> 9. Miscellaneous. The submission of an unsigned copy of this Amendment to Tenant <br /> shall not constitute an offer. Landlord and Tenant each agree that this Amendment (i) shall be <br /> binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, <br /> legal representatives and assigns, (ii) shall be governed by and construed in accordance with the <br /> laws of the State of Virginia, (iii) shall constitute the entire agreement between the parties relating <br /> to the subject matter hereof, all prior negotiations, agreements, and understandings, and (iv) shall <br /> become effective and binding upon execution and delivery by both Landlord and Tenant. <br /> 10. Signature and Counterparts. Landlord and Tenant each agree: (a) no further <br /> approvals or consents are required and that it has full right and authority to execute this <br /> Amendment; (b) that the individual executing this Amendment on its behalf has the authority to <br /> bind it; (c) execution and delivery of this Amendment via electronic transmission or other <br /> electronic means shall be binding; (d) photocopies, facsimile transmissions, electronic images or <br /> copies (such as docusign or pdf), shall be valid, binding, effective and enforceable the same as <br /> originals for all purposes, and may be so admitted in any judicial proceeding, regulatory <br /> proceeding or arbitration, and in making proof of this Amendment; it shall be unnecessary to <br /> produce the original hereof or any or all original signature pages, and(e)this Amendment may be <br /> executed in two (2) or more counterparts, all of which together shall constitute but one and the <br /> same agreement. <br /> [Remainder of Page Intentionally Blank; Signature Page Follows] <br /> 2 <br /> 5996614.1 <br />
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