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2005 - 08-23-05 Recessed Meeting
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2005 - 08-23-05 Recessed Meeting
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2/25/2009 2:39:03 PM
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1/16/2009 3:08:25 PM
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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0 0 <br />u v F-CF X78 <br />Page 8 <br />c. Any estoppel certificate confirming any factual matter which is true and which is within Tenant's <br />knowledge regarding this Lease, the Premises or the Building, and that this Lease together with <br />any modifications or amendments is in full force and effect. <br />Landlord agrees to require the person, firm, or corporation to which any mortgage, deed of trust, or other <br />encumbrance is executed to provide in such instrument that Tenant's rights under this Lease will not be <br />disturbed in the event of foreclosure. <br />19. [Intentionally deleted]. <br />20. LIMITATION OF LANDLORD'S LIABILITY: Landlord may sell the Premises or the Building <br />without affecting the obligations of Tenant under this Lease, provided that the new owner of the Building <br />shall recognize and accept this Lease and shall not disturb Tenant in the exercise of its rights under this <br />Lease. If Landlord is ordered to pay Tenant a money judgment because of Landlord's default under this <br />Lease, that money judgment may be enforced against and satisfied solely out of (a) Landlord's interest in <br />the Building, including the rental income and proceeds from sale, and (b) any insurance or condemnation <br />proceeds received by Landlord because of damage to or condemnation of the Building. No other assets of <br />Landlord shall be liable for or subject to any such money judgment. In no event shall Landlord be liable <br />to Tenant or to any third party for indirect or consequential damages of any kind. including but not <br />limited to loss of goodwill, business or profits. <br />21. RULES AND REGULATIONS: Tenant binds itself to all reasonable rules and regulations <br />regarding the operation of and appropriate conduct in and around the Premises and the Building. Such <br />rules and regulations may be promulgated by Landlord, and may be amended by Landlord from time to <br />time, and may include, without limitation, limits on the areas in which smoking may occur, the type of <br />blinds, carpets and signage that may be used, and the color that offices may be painted. <br />22. NOTICE: Each Notice shall be in writing, delivered by certified or registered mail (return receipt <br />requested) or by nationally recognized overnight express courier with proof of delivery, and shall be <br />effective upon receipt when delivered to the following addresses: <br />To Landlord: <br />Executive Director <br />Brick Capital CDC <br />403 W. Makepeace St. <br />Sanford, NC 27330 <br />To Tenant: <br />County Manager <br />P.O. Box 1968 <br />Sanford, NC 27331-1968 <br />23. APPLICABLE LAW: This lease shall be construed and enforced in accordance with the laws of <br />the State of North Carolina. <br />24. SUCCESSORS: All of the terms, covenants, and conditions of this Lease shall be binding upon and <br />inure to the benefit of the heirs, executors, administrators, and permitted successors and assigns of the <br />parties. <br />25. RELATIONSHIP OF THE PARTIES: It is understood and agreed that the relationship of the <br />parties is strictly that of landlord and tenant and that Landlord has no ownership in Tenant's enterprise and <br />that this Lease shall not be construed as ajoint venture or partnership. Tenant is not and shall not be <br />deemed to be the agent or representative of Landlord. <br />
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