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<br />If to County: John Day <br />County Manager <br />Cabarrus County <br />65 Church Street, SE <br />Concord, North Carolina 28025 <br />Telephone: 704-920-2895 <br />Fax: 704-920-2820 <br />With Copy to: Richard M. Koch <br />3220 Prosperity Church Road <br />Suite 201 <br />Charlotte, North Carolina 28269 <br />Telephone: 704-503-5700 <br />Fax: 704-503-5707 <br />Either party may, by notice in writing, direct that future notices or demands be sent to a different address. <br />12.16 Governin~Law. This Lease shall be governed by, and be construed in accordance with, the <br />laws of the State of North Carolina. <br />12.17 Invalidi If any provision of this Lease or the application thereof to any person or <br />circumstance shall be invalid or unenforceable, the remainder of this Lease and the application of that <br />provision to other persons or circumstances shall not be affected but rather shall be enforced to the fullest <br />extent permitted by law. <br />12.18 Independent Covenants. Each provision of this Lease on Tenant's part to be performed <br />shall be deemed and construed as a separate and independent covenant of Tenant, not dependent on any <br />other provision or covenant. <br />12.19 No Recordation. Tenant shall not record this Lease without prior written consent of <br />Landlord. However, either Landlord or Tenant may require a memorandum of this Lease executed by both <br />parties to be recorded. The party requiring such recording shall pay all transfer taxes, if any, and recording <br />fees. <br />12.20 Mediation. Except as provided herein, no civil action with respect to any dispute, claim or <br />controversy arising out of or relating to this Lease may be commenced until the matter has been submitted <br />for mediation. Either party may commence mediation by providing to the other party a written request for <br />mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with <br />one another in selecting a mediator and in scheduling the mediation proceedings. The parties covenant that <br />they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, <br />promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the <br />parties, their agents, employees, experts and attorneys, and by the mediator are confidential and privileged <br />(to the extent permitted by law) and inadmissible for any purpose, including impeachment, in any litigation <br />or other proceeding involving the parties, provided that evidence that is otherwise admissible or <br />discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. <br />Either party may seek equitable relief prior to the mediation to preserve the status quo pending the <br />completion of that process. Except for such an action to obtain equitable relief, neither party may <br />commence a civil action with respect to the matters submitted to mediation until after the completion of the <br />initial mediation session, or 45 days after the date of filing the written request for mediation, whichever <br />16 <br />F-6 <br /> <br /> <br /> <br />l <br />7 <br /> <br />~I~' <br />C <br />u <br />i~ <br />J <br /> <br /> <br /> <br />C <br />J <br />Attachment number 1 <br />Page 193 of 286 <br />