|
hold the Demised Premises after the stipulated Term of this Lease shall expire or
<br />may have terminated.
<br />39. COVENANT OF QUIET ENJOYMENT. Landlord and County each warrants that
<br />it has the right and authority to execute this Lease, and Landlord warrants to
<br />County, that upon payment of the required rents and all other sums due by
<br />County and subject to the terms, conditions, covenants and agreements
<br />contained in this Lease, County shall have possession of the Demised Premises
<br />during the full term of this Lease, as well as any extension or renewal thereof,
<br />without hindrance from Landlord or any person or persons lawfully claiming the
<br />Demised Premises by, through or under Landlord (but not otherwise); subject,
<br />however, to all mortgages, deeds of trust, leases and agreements to which this
<br />Lease is subordinate and to all laws, ordinances, orders; rules and regulations of
<br />any governmental authority. County agrees to be bound by any and all
<br />easements and restrictions of record as may be recorded against the Demised
<br />Premises if such easements and restrictions are included on Exhibit G. Landlord
<br />shall not be responsible for the acts or omissions of any lessee or third party that
<br />may interfere with County's use and enjoyment of the Demised Premises.
<br />40. ENVIRONMENTAL HAZARDS. County hereby warrants and agrees that during
<br />County's upfit, occupancy, and use of the Demised Premises and the Shopping
<br />Center that County shall not permit or allow any pollutants or other toxic or
<br />hazardous substances to be discharged, dispersed, released, stored, installed,
<br />treated, generated, disposed of, or allowed to escape in the Demised Premises
<br />and the Shopping Center or on Landlord's surrounding property. County further
<br />warrants and represents that County's operations at the Demised Premises and
<br />the Shopping Center are in compliance with all applicable federal, state, and
<br />local statutes, laws, and regulations. County shall promptly inform Landlord if
<br />any investigation, administrative order, consent order, litigation, or settlement
<br />with respect to substances is proposed, threatened, or anticipated with respect
<br />to the Demised Premises and the Shopping Center, or if any notice is served on
<br />or delivered to County from any entity, governmental body, or individual claiming
<br />any violation of any law, regulation, ordinance or code, or demanding payment or
<br />contribution for environmental damage or injury to natural resources. County
<br />agrees to defend, indemnify and hold harmless Landlord, its successors and
<br />assigns from and against any and all claims, damages or liabilities in connection
<br />with the activities of County, its successors in interest, or parties in a contractual
<br />relationship with .County, which:
<br />(i) arises out of the actual use, discharge, storage, or installation of
<br />substances; or
<br />(ii) actually arises out of the failure to detect the existence of chemicals in
<br />the soil, air, surface water, or groundwater, ar;
<br />(iii) arises out of any duty to pay for the cleanup or removal of any material
<br />from the premises or surrounding property under any federal, state or local
<br />laws.
<br />County shall discharge any and all such judgments or claims for damages,
<br />penalties, or otherwise against Landlord described in this Section 40 and shall
<br />assume the burden of defending any suits or proceedings with any government
<br />agencies arising out of any of the occurrences set forth herein. The foregoing
<br />covenants shall survive termination of this Lease.
<br />26
<br />County of Orange, in North Carolina -Hillsborough Commons 07/02/08
<br />INITIALS
<br />ORD ,
<br />
|