Orange County NC Website
consent in writing of the County to any further assignment or subletting . Provided , further, <br /> County shall not unreasonably withhold consent to assignment . <br /> 25 . Assianment of Interest in Rents . The County shall have the right , <br /> without selling its fee interest in the leased property or assigning its interest in this lease , to <br /> assign from time to time the whole of the net rent at any time payable hereunder to persons , <br /> firms , corporations , trusts or other entities designated by the County in a written notice to the <br /> Tenant , and in any such case the Tenant shall pay the net rent , subject to the terms of this <br /> lease , to the County' s designee at the address mentioned in any such notice for the period <br /> covered by such assignment . <br /> 26 . Exoneration from Liability . The County shall not be liable for any personal <br /> injury to the Tenant or to its officers , agents and employees , or to any other occupant of any <br /> part of the Leased Premises , irrespective of how such injury or damage may be caused , <br /> whether from action of the elements or acts of negligence of the occupants of adjacent <br /> properties , or any other persons ; provided that nothing contained herein shall relieve the <br /> County of the consequences of his own negligence . The Tenant agrees to defend , indemnify <br /> and hold harmless the County from all loss , liability , claims or expense , including attorney' s <br /> fees , arising out of or related to the Tenant' s lease , use , sublease , or occupation of the facility <br /> and arising from bodily injury including death or property damage to any person or persons <br /> caused in whole or in part by the negligence or misconduct of the Tenant except to the extent <br /> same are caused by the negligence or willful misconduct of the County . It is the intent of this <br /> provision to require the Tenant to indemnify the County to the fullest extent permitted under <br /> North Carolina law . <br /> 27 . Reimbursement of Expenses . The Tenant shall pay and indemnify the County <br /> against all legal costs and charges , including counsel fees lawfully and reasonably incurred , in <br /> obtaining possession of the leased premises after default of the Tenant or after the Tenant' s <br /> default in surrendering possession upon the expiration or earlier termination of the term of the <br /> lease or enforcing any covenant of the Tenant herein contained . The Tenant further covenants <br /> that in case the County shall be made party to any litigation commenced against the Tenant , <br /> due to act or omission on the part of the Tenant alone , then the Tenant shall pay all expenses , <br /> costs , and reasonable attorney' s fees incurred by or imposed on the County in connection with <br /> such litigation , and such expenses , costs , and attorney' s fees shall be additional rent due on <br /> the last day after services of notice of such payment or payments , together with interest at a <br /> rate of 9 % per annum from the date of payment , and shall be collected as any other rent <br /> specifically reserved herein . Provided that this claim shall not be applicable where the County <br /> shall be made a party by reason of any independent liability of the County caused by some act <br /> or omission on the part of the County or resulting from any act or omission on the part of both <br /> Tenant and County . <br /> 28 . Smoke Free Facility . Tenant acknowledges that County- owned buildings are <br /> smoke-free . Tenant shall ensure that employees , customers or invitees of the Tenant abide by <br /> the County' s ordinances , which prohibit smoking . <br /> 29 . Weaaons Prohibited . Tenant acknowledges that a County ordinance has been <br /> approved by the Board of Commissioners that prohibits weapons in County facilities , except in <br /> limited situations Tenant will ensure that employees , customers or invitees of the Tenant abide <br /> by the County' s ordinance that prohibits weapons in the facility . <br /> Page 9of11 <br />