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21. Landlord hereby grants to County a right of entry upon the shopping
<br />center for the purpose of making surveys, engineering studies, tests and such
<br />other investigations and inspections as County may elect to make, or the
<br />period of time beginning on December 1, 2011 and ending on February 1,
<br />2012. Notwithstanding, should County be desirous of exercising their
<br />Purchase Option prior to February 1, 2012, then in that event, County shall be
<br />entitled to complete all due diligence during the period beginning ninety (90)
<br />days prior to such exercise date and ending on the date of such exercise. All
<br />inspections, tests and ~ examinations shall be conducted by parties qualified
<br />and, where applicable, licensed to conduct such inspections, tests and/or
<br />examinations. County shall pay the costs of all such tests, inspections,
<br />examinations, and investigations. After the performance of any tests,
<br />inspections; examinations, and investigations, county shall promptly restore
<br />any damage to the shopping center to substantial)y the same condition as
<br />existed prior to the conduct of said tests, inspections, examinations, and
<br />investigations. County shall indemnify, (to the extent of insurance policies
<br />owned by the County and to the extent of applicable law) defend (to the
<br />extent of insurance policies owned by the County and to the extent of
<br />applicable law) and hold Landlord harmless from any and.all costs or liens
<br />arising or claimed as a result of any such activity on or with respect to the
<br />shopping center and from and claims, loss or damage (including, without
<br />limitation, reasonable attorneys fees and costs)) suffered b Landlord as a
<br />result of the activities of County or of any party employedyor engaged by
<br />County to perform any test, .inspection, examination, or investigation on the
<br />shopping center. In conducting its investigation, County and County's agents
<br />shall conduct all operations on the shopping center in a reasonable manner
<br />and so as not to unreasonably interfere with the operation of the shopping
<br />center by Landlord nor with the conduct of business or operations by tenants
<br />and occupants. Furthermore, all such tests and inspections shall be
<br />permitted upon reasonable prior notice to Landlord, affording. landlord the
<br />opportunity to have a representative present . at any test, inspection or
<br />examination conducted on the shopping center. County shall not conduct any
<br />environmental testing of the shopping center beyond a phase I environmental
<br />site assessment without the prior written approval of Landlord. County shall
<br />not perform any subsurface or destructive testing of any kind at the shopping
<br />center, without the prior written consent of Landlord. If such testing is
<br />required, county shall provide reasonable notice thereof. Notwithstanding the
<br />foregoing, or anything to the contrary contained in this Lease, County and/or
<br />County's representatives shall not enter the shopping center for the purposes
<br />of pperforming any inspections without providing Landlord at least twenty-four
<br />(24) hour notice of such scheduled entry upon the shopping center.
<br />22.Landlord agrees not to enter into a Lease for any .portion of the
<br />Shopping Center whatsoever during the term of this Lease which w"ill result in
<br />a lease term that extends beyond March 1, 2012 without the prior approval of
<br />the County, which approval shall not be unreasonably withheld.
<br />23. Landlord re resents and warrants that there are no current leases
<br />applicable to the Shopping Center that extend beyond February 1, 2012,
<br />except and other than units 03, B-04, and Kiosk spaces.
<br />24. At closing Landlord shall provide County estoppel certificates from all
<br />tenants then occupying the Shopping Center.
<br />44. Local Government Commission A royal. Landlord and County
<br />acknow a get at t is ease is su sect tot a approval. of the North Carolina Local
<br />Government Commission. Therefore, as a condition precedent to County's
<br />obligations under this Lease, including the Option contained herein, County must
<br />receive North Carolina Local Government Commission (LGC) approval of the terms
<br />of this Lease, including the Option contained herein.
<br />45. Title Exce L~ion~s. As a further condition precedent to the County's
<br />obligations un~c- er this Lease, no additional deeds of trust, easements, covenants or
<br />other encumbrances or restrictions whatsoever, other than those included on
<br />Attachment G of this Lease, shall exist as of the date and time of the recording of
<br />this Lease in the office of the Orange County Register of Deeds. This Lease shall
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<br />County of Orange, in North Carolina -Hillsborough Commons 07/02/08
<br />TNiTiAi 5
<br />LORD
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