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5 <br /> space at the expense of Lessee or the Lessee may terminate the lease by giving 15 days written notice <br /> to the Lessor. <br /> 8. Lessor shall be liable to Lessee for any loss or damage suffered by Lessee which is a direct <br /> result of the failure of Lessor to perform an act required by this lease, and provided that Lessor could <br /> reasonably have complied with said requirement. <br /> 9. Upon termination of this lease, the Lessee will peaceably surrender the leased premises in as <br /> good order and condition as when received, reasonable use and wear and damage by fire, war, riots, <br /> insurrection, public calamity, by the elements, by act of God, or by circumstances over which Lessee <br /> had no control or for which Lessor is responsible pursuant to this lease, excepted. <br /> 10. The Lessor agrees that the Lessee, upon keeping and performing the covenants and <br /> agreements herein contained, shall at all times during the existence of this lease peaceably and quietly <br /> have, hold, and enjoy the leased premises free from the adverse claims of any person. <br /> 11. The failure of either parry to insist in any instance upon strict performance of any of the <br /> terms and conditions herein set forth shall not be construed as a waiver of the same in any other <br /> instance. No modification of any provision hereof and no cancellation or surrender thereof shall be <br /> valid unless in writing and signed and agreed to by both parties. <br /> 12. Any hold over after the expiration of the said term or any extension thereof, shall be <br /> construed to be a tenancy from month to month, and shall otherwise be on the terms and conditions <br /> herein specified, so far as applicable; however, either party shall give not less than 60 days written <br /> notice to terminate the tenancy. <br /> 13. The parties to this lease agree and understand that the continuation of this lease agreement <br /> for the term period set forth herein, or any extension or renewal thereof, is dependent upon and subject <br /> to the appropriation, allocation, or availability of funds for this purpose to the agency of the Lessee <br /> responsible for payment of said rental. The parties to this lease also agree that in the event the agency <br /> of the Lessee or that body responsible for the appropriations of said funds, in its sole discretion, <br /> determines, in view of its total local office operations that available funding for the payment of rents <br /> are insufficient to continue the operation of its local offices on the premise leased herein, it may choose <br /> to terminate the lease agreement set forth herein by giving Lessor written notice of said termination, <br /> and the lease agreement shall terminate immediately without any further liability to Lessee. <br /> 14. All notices herein provided to be given, or which may be given by either party to the other, <br /> shall be deemed to have been fully given when made in writing and deposited in the United States <br /> mail, certified and postage prepaid and addressed as follows: <br /> To the Lessor: <br /> Orange County <br /> 300 West Tryon Street <br /> Hillsborough,North Carolina 27278 <br /> w/copy to: N/A <br /> To the Lessee: <br /> NC Department of Adult Correction (DAC),Purchasing Office <br /> 3512 Bush Street(MSC 5227) <br /> Raleigh,North Carolina 27609-5227 <br /> with a copy to: <br /> State Property Office <br /> Attn: Leasing Manager and Space Planning Section <br /> 1321 Mail Service Center <br /> Raleigh,North Carolina 27699-1321 <br /> Page 3 of 10 <br /> SPO File Number: 68-952 <br /> NRF <br /> Last Update June 2023 <br />