Orange County NC Website
Browse       Search
2 <br />5996614.1 <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 party 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 /> <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 /> <br />[Remainder of Page Intentionally Blank; Signature Page Follows] <br />DocuSign Envelope ID: E4C09404-D67B-42DB-BA5E-BAF2ECADADFA