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Brian P. Evans, Esquire <br />Kennedy Covington Lobdell & Hic~m~n <br />NationsBank Corporate Center <br />100 N. Tryon Street <br />Suite 4200 <br />Charlotte, NC 28202-4026 <br /> <br /> Any mortgagee, trustee or beneficiary under any mortgage <br />or deed of trust on the Demised Premises and any sublessee of <br />Tenant in the Demised Premises may by notice to Landlord and <br />Tenant designate an address to which notices to it hereunder <br />shall be sent. Any such party may from time to time by notice <br />as herein provided~ designate a different address to which <br />notices to it shall be sent. <br /> <br /> 23. Utility Eas~--ents. Landlord shall, from time to <br />time upon request from Tenant, join in the granting of such <br />utility easements as may be reasonably necessary to service <br />Tenant's improvements on the Demised Premises and Landlord <br />grants to Tenant the right to grant to public entities or <br />public service corporations, for the purpose of serving only <br />the Demised Premises, rights of way or easements on or over <br />the Demised Premises for poles or conduits or both for <br />telephone, electricity, water, gas, sanitary or storm sewers <br />or both, and for other utilities and municipal or special <br />district services. <br /> <br /> 24. Modification of Lease Aqrc-~ment. Landlord hereby <br />agrees to consent to such reasonable modifications of this <br />Lease as may be necessary and which are in compliance with the <br />intent and purpose of N. C.G.S. 160A-279, to enable Tenant to <br />negotiate for the improvements to be, constructed thereon and <br />construction or permanent financing for improvements on the <br />Demised Premises; provided that nothing herein contained shall <br />require Landlord to alter the Term of this Lease, the economic <br />provisions of this Lease, or the specific use requirements of <br />this Lease, including the amount of rental or other payments <br />to be made by Tenant hereunder. <br /> <br /> 25. Covenants of Title. Landlord covenants, warrants <br />and represents (i) that it is seized of the Demised Premises <br />in fee simple and has full right and authority to lease the <br />same upon the terms and conditions herein set forth; (ii) that <br />Tenant's leasehold estate to the Demised Premises is insurable <br />with only the permitted exceptions set forth on Exhibit C; and <br />(iii) that Tenant shall peacefully and quietly hold and enjoy <br />the Demised Premises safe from any claims arising by, through <br />or under Landlord for the full Term hereof so long as Tenant <br />does not default in the performance of any of its covenants <br />hereunder. <br /> <br />15 <br /> <br /> <br />