Orange County NC Website
13 <br /> any other cause beyond the County's reasonable control, provided that, except in cases of <br /> emergency, the County will use its best efforts to limit such stoppage to after-business hours, <br /> will notify the Tenant in advance, if possible, of any such stoppage, and, if ascertainable, its <br /> estimated duration, and will proceed diligently with the work necessary to resume such service <br /> as promptly as possible and in a manner and at times as will not materially interfere with or <br /> impair the Tenant's use of the Leased Premises. No diminution or abatement of fixed rent or <br /> other compensation shall be claimed by the Tenant, nor shall this Lease or any of the <br /> obligations of the Tenant hereunder be affected or reduced by reason of such interruption, <br /> stoppage, or curtailment, nor shall the same give rise to a claim in the Tenant's favor that such <br /> failure constitutes total or partial eviction from the Leased Premises, provided that if the <br /> Leased Premises shall be unreasonably untenantable for a continuous period of more than four <br /> business days by reason of any such stoppage, the fixed rent payable by the Tenant shall <br /> abate until the Tenant shall be again able to use the Leased Premises. <br /> 24. Destruction by Fire or Other Casualty. In the event the premises or any <br /> substantial portion thereof are destroyed by fire or other casualty during the term of this Lease, <br /> it is understood and agreed that County shall have no obligation to rebuild and, at the election <br /> of County or Tenant, the Lease may be terminated. <br /> 25. Condemnation. If the whole of the Leased Premises, or such portion thereof <br /> as will make the Leased Premises unsuitable for the purposes herein leased, is condemned for <br /> any public use or purpose by any legally constituted authority, then in either of such events this <br /> Lease shall cease from the time when possession is taken by such public authority and rental <br /> shall be accounted for between the County and the Tenant as of the date of the surrender of <br /> possession. Such termination shall be without prejudice to the rights of either the County or the <br /> Tenant to recover compensation from the condemning authority for any loss or damage caused <br /> by such condemnation. Neither the County nor the Tenant shall have any rights in or to any <br /> award made to the other by the condemning authority. <br /> 26. Assignment of Lease. The Tenant shall not assign, mortgage, or encumber <br /> this Lease, nor sublet or permit the Leased Premises or any part thereof to be used by others, <br /> without the prior written consent of the County in each instance. Tenant may request an <br /> assignment authority from County. Such authority may only be granted in a written instrument <br /> approved by County. If this Lease is assigned, or if the Leased Premises or any part thereof, is <br /> sublet, or occupied by anybody other than the Tenant, the County may, after an event of default, <br /> as hereinabove defined, by the Tenant, collect rent for the assignee, subtenant, or occupant and <br /> apply the net amount collected to the rent herein reserved. No such assignment, subletting, <br /> occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of this <br /> assignee, subtenant, or occupant as tenant, or a release or amendment of covenants in this <br /> Lease. The consent by the County to an assignment or subletting shall not be construed to <br /> relieve the Tenant from obtaining the consent in writing of the County to any further assignment <br /> or subletting. <br /> 27. Assignment of Interest in Rents. The County shall have the right, without <br /> selling its fee interest in the Leased Premises or assigning its interest in this Lease, to assign <br /> from time to time the whole of the net rent at any time payable hereunder to persons, firms, <br /> corporations, trusts or other entities designated by the County in a written notice to the Tenant, <br /> and in any such case the Tenant shall pay the net rent, subject to the terms of this Lease, to <br /> the County's designee at the address mentioned in any such notice for the period covered by <br /> such assignment. <br /> Page 9 of 12 <br />