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against any property of Landlord other than its interest in the Shopping Center as <br />hereinbefore expressly provided. In the event of the sale or other transfer of <br />Landlord's right, title and interest in the Demised Premises or the Shopping <br />Center, Landlord shall be released from all liability and obligations under this <br />Lease if the Buyer or transferee assumes, in writing, all obligations of Landlord <br />under this Lease. There shall be no personal liability on the Landlord or any <br />successor in interest with respect to any provisions of this Lease. County shall <br />look solely to the equity, as described above, of the then owner of the Demised <br />Premises in the Demised Premises for the satisfaction of any remedies of <br />County in the event of a breach by Landlord of any of its obligations hereunder. <br />County hereby specifically releases any officer, director, shareholder, member or <br />partner of the Landlord or the then owner of the Demised Premises. <br />(f) County warrants that, except for any amounts payable by Landlord to its <br />agent, there are no claims for broker's commissions or finder's fees in <br />connection with its execution of this Lease. <br />(g) The terms of this Lease shall not be interpreted to mean that Landlord and <br />County are partners or joint venturers. <br />(h) DELETED <br />(i) DELETED <br />(j) In the event that any litigation is commenced between the parties hereto <br />concerning this Lease or the rights and duties of either party in relation thereto or <br />in the breach of any of the terms and conditions of this Lease by Landlord or <br />County; the party prevailing in such litigation shall be entitled in addition to such <br />other relief as may be determined by the court in such litigation, reasonable <br />attorneys' fees and reimbursement of all costs and expenses of such litigation. <br />Each party hereby waives trial by jury as to any and all such litigation. <br />(k) It is expressly agreed between Landlord and County that time is of the <br />essence in performance of all terms and provisions of this agreement. <br />(I) If County shall make any default or defaults under this Lease, Landlord may <br />at its election without waiving any claim for breach of agreement, cure such <br />default or defaults for the account of County. The cost to Landlord thereof plus <br />ten percent (10%) thereof for Landlord's overhead shall be due and payable on <br />demand and shall be deemed as reimbursement hereunder, payment of which <br />shall be enforceable as rent or as other monies due Landlord and shall be added <br />to the installment of rent next accruing, or to any subsequent installment of rent, <br />at the election of Landlord. Landlord shall not be responsible to County and <br />County hereby releases and holds harmless Landlord for any loss or damage <br />resulting in any manner by reason of its undertaking any acts in accordance with <br />the provisions of this Lease. <br />(m) The failure of Landlord to insist in any one or more instances upon the strict <br />performance of any of the covenants or agreements in this Lease, or to exercise <br />any option herein contained, shall not be construed as a waiver or a <br />relinquishment for the future of such covenants, agreement or option, but the <br />same shall continue and remain in full force and effect. The receipt by Landlord <br />of rent or any other money due hereunder with knowledge of the breach of any <br />28 <br />County of Orange, in North Carolina - Hillsborongb Commons 07/02/08 <br />I1v1T7ALS <br />L~~~ C~~ <br />