Orange County NC Website
9 <br /> insurance shall insure,on an occurrence basis, against liability of Lessee,its employees and agents <br /> arising out of or in connection with Lessee's use of the Premises and Improvements. Lessor, at <br /> Lessor's sole cost and expense, shall procure and maintain on the Parent Parcel,bodily injury and <br /> property damage insurance with a combined single limit of at least One Million Dollars <br /> ($1,000,000)per occurrence. Such insurance shall insure, on an occurrence basis, against liability <br /> of Lessor, its employees and agents arising out of or in connection with Lessor's use, occupancy <br /> and maintenance of the Parent Parcel. <br /> 14. Interference. Lessor shall not, nor shall Lessor permit its lessees, licensees, invitees or <br /> agents, to use any portion of the Parent Parcel or adjacent real property owned or controlled by <br /> Lessor in any way which interferes with Lessee's Intended Use of the Premises. Such interference <br /> shall be deemed a material breach of this Lease by Lessor and Lessor shall have the responsibility <br /> to immediately terminate such interference. In the event such interference is not immediately <br /> rectified, Lessor acknowledges that continuing interference will cause irreparable injury to Lessee, <br /> and Lessee shall have the right, in addition to any other rights that it may have at law or in equity, <br /> to bring an action to enjoin such interference or to terminate this Lease with notice to Lessor. <br /> 15. Environmental Compliance. Lessor represents,warrants and agrees (1)that neither Lessor <br /> nor,to Lessor's knowledge, any third party has used,generated, stored or disposed of,or permitted <br /> the use, generation, storage or disposal of, any contaminants, oils, asbestos, PCBs, hazardous <br /> substances or wastes as defined by federal, state or local environmental laws, regulations or <br /> administrative orders or other materials the removal of which is required or the maintenance of <br /> which is prohibited, regulated or penalized by any federal, state or local government authority <br /> ("Hazardous Materials") on, under, about or within the Parent Parcel and/or Premises in violation <br /> of any law or regulation, and (2) that Lessor will not, and will not permit any third party to use, <br /> generate, store or dispose of any Hazardous Materials on,under, about or within the Parent Parcel <br /> and/or Premises in violation of any law or regulation. Lessee agrees that it will not use, generate, <br /> store or dispose of any Hazardous Material on, under, about or within the Premises in violation of <br /> any law or regulation. This Lease shall at the option of Lessee terminate and be of no further force <br /> or effect if Hazardous Materials are discovered to exist on the Parent Parcel and/or Premises <br /> through no fault of Lessee after Lessee takes possession of the Premises and Lessee shall be <br /> entitled to a refund of all the consideration paid in advance to Lessor under this Lease. <br /> 16. Notices. All notices, requests, demands and other communications hereunder shall be in <br /> writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt <br /> requested, or via a nationally recognized overnight delivery service to the following addresses or <br /> to such other addresses as may be specified in writing at any time during the term of this Lease: <br /> If to Lessor, to: <br /> Orange County <br /> 300 West Tryon Street <br /> Hillsborough,NC 27278 <br /> Attention: County Manager, Bonnie B. Hammersley <br /> Phone: 919-245-2300 <br /> Email: bhammersley@orangecountync.gov <br /> 5 <br /> TowerCo Site Name:Kenion Road <br /> TowerCo Site Number:NC0326 <br />