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occasioned in whole or in part by any act or omission on the part of the City or any employee or agent, member or authorized person of the City, or by reason of any unlawful use of the Facility or by reason of any breach, violation or non - performance of any provision of this Lease on the part of the City to be observed or performed, and also by reason of any matter or thing growing out of the occupancy or use of the Facility by the City or anyone holding under the City. 12. QUIET ENJOYMENT The City covenants, warrants, and represents that it has full power and right to execute and perform this Lease and that the County shall peaceably and quietly have, hold and enjoy the Leased Premises at the Facility consistent with County's agreed use of them. 13. DEFAULT In the event of a default or in the event of any breach by County in the performance of any of the Terms of this Lease required to be kept and performed by County, if such default or breach shall continue for thirty (30) days after written notice to County, and if County has not taken reasonable steps to cure any default during such period, then the City shall have the right to re -enter the Leased Premises and terminate this Lease without prejudice to the City's other rights and remedies against County under the law. 14. TERMINATION Upon the termination of this Lease, the County agrees to return the Leased Premises to the City in the same condition as the same now is, except for ordinary wear and tear and decay of the Leased Premises and except for damage by fire or other casualty not the fault of County. Any improvements made by the County during this Lease shall be returned in the same condition. The County shall be permitted to remove all personal property and fixtures it has used or installed at the Facility. 15. NOTICES Notices to the parties with regard to this Lease shall be directed as follows: City: City Manager City of Concord 26 Union Street, S Concord, North Carolina 28025 County: County Manager Cabarrus County Post Office Box 707 Concord, North Carolina 28026 16. MISCELLANEOUS Each party to this Lease further agrees as follows: a) Without further consideration each party shall at any time, and from time to time, execute and deliver to the other party such further documents and take such other action, as the other party may reasonably require in order to effectuate the purposes of this Lease. b) The headings in this Lease are for purposes of reference only and shall not limit or otherwise affect any of the Terms. 4 Attachment number 1 F -6 Page 144