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12. The failure of either party to insist in any instance upon strict performance of any of the terms and conditions herein set forth shall not be construed as a waiver of the same in any other instance. No modification of any provision hereof and no cancellation or surrender hereof shall be valid unless in writing and signed and agreed to by both parties. 13. Any hold Over after the ~xpiratlon of the said term or any extension thereof, shall be construed to he a tenancy from month to month, and shall otherwise be on the terms and conditions herein specified, so far as applicable; however, either party shall give not less than sixty (60) days written notice to terminate the tenancy. 14. The parties to this lease agree and understand that the payment of rental specified in this lease agreement for the term period set forth herein, or any extension or renewal thereof, is dependent and contingent upon and subject to the appropriation, allocation or availability of funds forthis purpose to the agency of the Lessee responsible for payment of said rental, such funds being specifically allocated in the Department's budget fund 1212, object 4100 and RCC 1203. This lease shall automatically terminate upon depletion of such funds. 15. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: To the Lessor at Post Office Box 707, Concord, NG 28026-0707, and the Lessee at Director, Division of General Services, 512 N. Salisbury Street, Raleigh, NC 27611. Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice. IN TESTIMONY WHEREOF, this lease has been executed by the parties hereto, in duplicate originals, as of the date first above written. STATE OF NORTH CAROLINA WITNESS: By~ Director, Division of General Services Department of Environment, Health and Natural Resources WITNESS: LESSOR: