Common use of Performance of Government Functions Clause in Contracts

Performance of Government Functions. Nothing contained in this Agreement shall be deemed or construed to estop, limit, or impair Tenant from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions. CITY OF DURHAM ATTEST: By: Preaudit Certification: LANDLORD CPGPI REGENCY XXXXX, LLC a North Carolina limited liability company By: REGENCY CENTERS, L.P. a Delaware limited liability company, its Manager By: REGENCY CENTERS CORPORATION, its General Partner (Affix corporate seal) By Acknowledgement by CPGPI REGENCY XXXXX, LLC: STATE OF COUNTY OF I, a notary public in and for the aforesaid county and state, certify that personally appeared before me this day and stated that he is of REGENCY CENTERS CORPORATION, in its capacity as General Partner of REGENCY CENTER, L.P., a Delaware limited liability company, in its capacity as Manager of CPGPI REGENCY XXXXX, LLC a North Carolina limited liability company, and that by authority duly given and as the act of the company, he signed the foregoing LEASE with the City of Durham and the corporate seal was affixed thereto. This the day of , 2013. My commission expires: Notary Public (NOTARIAL SEAL) EXHIBIT A LEGAL DESCRIPTION OF THE LAND Being all of that Parcel C containing approximately 0.657 acres as shown on that certain plat dated December 14, 1984, and entitled “Xxxxx Square Property of SEHED II Limited, Boundary Survey” prepared by Xxxxxxx, Xxxxx & Associates, PA, and recorded in Plat Book 107, page 00, Xxxxxx Xxxxxx Xxxxxxxx, Xxxxx Xxxxxxxx. EXHIBIT B SITE PLAN OF PARKING FACILITY EXHIBIT C MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE is dated this day of , 20 by and among ("Landlord"), whose mailing address is , and ("Tenant"), whose mailing address is . Landlord has granted, demised and leased the premises ("Premises") described below to Tenant pursuant to the following terms:

Performance of Government Functions. Nothing contained in this Agreement shall be deemed or construed to estop, limit, or impair Tenant from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions. CITY OF DURHAM ATTEST: By: Preaudit Certification: LANDLORD CPGPI REGENCY XXXXX, LLC a North Carolina limited liability company By: REGENCY CENTERS, L.P. a Delaware limited liability company, its Manager By: REGENCY CENTERS CORPORATION, its General Partner (Affix corporate seal) By Acknowledgement by CPGPI REGENCY XXXXX, LLC: STATE OF COUNTY OF I, a notary public in and for the aforesaid county and state, certify that personally appeared before me this day and stated that he is of REGENCY CENTERS CORPORATION, in its capacity as General Partner of REGENCY CENTER, L.P., a Delaware limited liability company, in its capacity as Manager of CPGPI REGENCY XXXXX, LLC a North Carolina limited liability company, and that by authority duly given and as the act of the company, he signed the foregoing LEASE with the City of Durham and the corporate seal was affixed thereto. This the day of , 2013. My commission expires: Notary Public (NOTARIAL SEAL) EXHIBIT A LEGAL DESCRIPTION OF THE LAND Being all of that Parcel C containing approximately 0.657 acres as shown on that certain plat dated December 14, 1984, and entitled “Xxxxx Square Property of SEHED II Limited, Boundary Survey” prepared by Xxxxxxx, Xxxxx & Associates, PA, and recorded in Plat Book 107, page 0088, Xxxxxx Xxxxxx XxxxxxxxDurham County Registry, Xxxxx XxxxxxxxNorth Carolina. EXHIBIT B SITE PLAN OF PARKING FACILITY EXHIBIT C MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE is dated this day of , 20 by and among ("Landlord"), whose mailing address is , and ("Tenant"), whose mailing address is . Landlord Xxxxxxxx has granted, demised and leased the premises ("Premises") described below to Tenant pursuant to the following terms: