2005 - 08-23-05 Recessed Meeting

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• r. n t u~~ii~ w:V F~(;~ v! Page 9 26. BROKERS: Tenant represents and warrants that it has not dealt with any real estate broker, finder or other person with respect to this Lease. Tenant and Landlord represent to each other that no brokerage fee related to his Lease is owed to any third party. 27. CAPTIONS: The captions in this Lease are not material to this Lease and shall not be so construed. They are intended only to facilitate the organization and understanding of this Lease and add no binding or material meaning. 28. ATTORNEYS FEES: In the event that legal proceedings arc brought by Landlord to enforce the terms or conditions of this Lease, then Landlord shall be entitled to recover all expenses, including without limitation attorneys fees and expenses, paid or incurred by Landlord in endeavoring to enforce this Lease. If the laws of the State of North Carolina then in effect at the time of such collection limit the amount payable as attorneys fees, then the maximum amount collectible under those laws shall apply. 29. WAIVER: The waiver by Landlord of any breach of any term or condition of this Lease by Tenant shall not be deemed to be a waiver of that term or condition or any subsequent breach of that or any other term or condition. No waiver by Landlord shall be effective unless in writing and signed by Landlord. 30. FORCE MAJEURE: In the event that either Landlord or Tenant shall be delayed, hindered or prevented from the performance of any act required by this Lease by reason of war, civil commotion, acts of God, terrorism, governmental restrictions or other excuses beyond its control, the performance of such act shall be excused for the period of delay, and the period for the performance of such act shall be extended for the period necessary to complete performance after the end of the period of such delay. 31. GUARANTEE: If Tenant is a for-profit corporation, limited liability company, or any other entity engaged in business activity for profit, then in addition to signing this Lease as an authorized officer or agent of Tenant, the person signing agrees to personally guarantee any and all liability of Tenant under this Lease and to indemnify Landlord for any and all damages that arise out of the breach of this Lease by Tenant, regardless of whether this Lease is signed only by an officer of Tenant. 32. HAZARDOUS MATERIALS: Tenant will not allow any Hazardous Materials to be kept, generated, used, treated, released, stored, or disposed of in or about the Premises or Building, or do anything which would increase the rate of casualty insurance upon the Building. Notwithstanding the foregoing, Tenant may use and store within the Premises reasonable quantities of Hazardous Materials that are customarily used in comparable offices (such as cleaning fluids and photocopier supplies), provided such use and storage complies with all applicable Environmental Laws. At the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord free of Hazardous Materials and in compliance with all Environmental Laws. As used in this Lease, the term "Hazardous Materials" means any and all materials or substances defined as toxic or hazardous under any Environmental Law. "Environmental Law" means any present and future law and any amendments thereto (whether common law, statute, rule, order, regulation, or otherwise), permits, and other requirements or guidelines of governmental authorities applicable to the Building or the Premises and relating to the environment and environmental conditions or to anv Hazardous Material. Landlord certifies that as of the date of this Lease, it is aware of no violation of any Environmental Law at the Building. 33. LEASE NEGOTIATIONS: Botli Tenant and Landlord represent that they have revic%ved and understood the Lease, have negotiated the terms and conditions of the Lease, and that anv ambiguities in