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24. Time of the Essence Except as otherwise expressly provided herein, time is of the essence with respect to all required acts of Tenant and Lessor under this Lease. 25. Commissions Lessor and Tenant warrant and represent that they have not dealt with any broker or sales person in connection with this Lease. Lessor and Tenant further represent they have not dealt with any other person that would create any liability for the payment of a commission by the other party. The party who breaches this warranty shall defend, hold harmless and indemnify the non- breaching party from any claims or liability arising from the breach. 26. Notices All notices, demands, consents and approvals which may be or are required to be given by either party to the other hereunder shall be in writing and shall be deemed to have been fully given and received upon actual delivery (or refusal to accept delivery) to the address of all parties designated to receive notice as set forth on the first page of this Lease or to such other place as either party shall notify the other party in writing from time to time. Notices, dernands, consents and approvals shall be deemed properly given only by: (a) personal delivery; or (b) sent by a nationally recognized overnight delivery service; or (c) deposit in the United States mail certified., return receipt requested with postage prepaid. 27. Paragraph Headings /Entire Agreement Paragraph headings are for convenience only and shall not be deemed a controlling part of this Lease agreement. This Lease contains the entire agreement between the parties with respect to its subject matter. This Lease may be amended only by subsequent written agreement between the parties. Except for those that are set forth in this Lease, no representations, prior written or oral promises, warranties or agreements made by Lessor or Tenant shall be applicable to this Lease. 28. Governing Law This Lease shall be governed by and shall be construed and interpreted in accordance with the laws of the State of North Carolina. The parties agree to use their best efforts to resolve any conflicts that arise under this Lease prior to resorting to litigation. However, in the event of litigation hereunder, the parties agree to the personal jurisdiction of the courts of Cabarrus County, North Carolina for resolution of such dispute. 29. Memorandum of Lease At the request of either party, Lessor and Tenant agree to promptly execute a recordable memorandum of this Lease setting forth the names and addresses of the parties, the date of execution, a specific legal description of the Premises, the actual commencement date of the Lease, which memorandum may be recorded by the requesting party at its expense in the appropriate public records. IN WITNESS WHEREOF, the parties hereto have duly executed multiple counterparts of this Lease in their respective names by their respective authorized representatives, effective as of the date set forth above. F -2 I Attachment number 3 \n Page 88 S