2002 - 05-20-02 Regular Meeting - Laserfiche WebLink

Home Browse Search

623 u0,( 11.$ PiGF 87+ 24. ASSIGNMENT AND SUBLETTING. Tenant shall not assign or sublease all or any part of the Premises under this Lease, except with the prior written consent of the Landlord. 25. ATTORNEY'S FEES. In the event of any legal or equitable action arising out of this Lease, the prevailing party shall be entitled to recover all fees, costs and expenses, together with reasonable attorney's fees incurred in connection with such action. The fees, costs and expenses so recovered shall include those incurred in prosecuting or defending any appeal and shall be awarded for any supplemental proceedings until final judgment is satisfied in full. The prevailing party shall also be entitled to reasonable attorney's fees incurred to collect or enforce the judgment. 26. GOVERNING LAW. This Lease shall be governed by the laws of the State of North Carolina. 27. BROKERS. Tenant and Landlord each warrant that it has had no dealings with any real estate broker or agent in connection with the negotiation of this Lease, and it knows of no real estate broker or agent who is or might be entitled to a commission in connection with this Lease. 28. JUDGMENT COST. Should Landlord, without fault on Landlord's part, be made a party to any litigation instituted by or against Tenant, or by or against any person holding the Premises by license of Tenant, or for foreclosure of any lien for labor or material furnished to or for Tenant or any such person, or otherwise arising out of or resulting from any act or transaction of Tenant, or any such person, Tenant covenants to pay to Landlord, the amount of any judgment rendered against Landlord or the Premises or any part thereof and all costs and expenses, including actual attorney's fees incurred by Landlord or in connection with such litigation. 29. SUBORDINATION OF LEASE. This Lease is subject and subordinate to any mortgages or deeds of trust which may now or hereafter be placed upon or affect the property or building situate on the Premises, and to all renewals, modifications, consolidations and extensions hereof. This clause shall be self-operative, and no further instrument or subordination shall be necessary unless requested by a mortgagee or beneficiary of a deed of trust. In furtherance of such subordination, Tenant shall execute any document that Landlord or Landlord's lender may reasonably request. 30. ESTOPPEL CERTIFICATES. Tenant shall, at any time and from time to time, upon not less than ten (10) days' prior request by Landlord, execute, acknowledge, and deliver to Landlord, or to such other persons who may be designated in such a request, a statement in writing certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications) and, if so, the dates to which rent and other charges have been paid in advance. It is intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer (including assignee) of the Premises. 15