|
6
<br />pazagraph 6, Landlord shall not be liable in damages or otherwise for any discontinuance, failure or interruption of service to the
<br />Premises of utilities or the heating, ventilation and air conditioning system(s) and Tenant shall have no right to terminate this Lease or
<br />withhold rental because of the same, except to the extent that such damage or loss is caused by Landlord's negligence or willful
<br />misconduct.
<br />RULES AND REGULATIONS
<br />7. The roles and regulations, if any, attached hereto ("Rules and Regulations") aze made a part of this Lease. Tenant agrees to comply
<br />with any Rules and Regulations of Landlord in connection with the Premises which are in effect at the time of the execution of the
<br />Lease or which maybe from time to time promulgated by Landlord in its reasonable discretion, provided such Rules and Regulations
<br />are in writing and are not in conflict with the terms and conditions of the Lease or any laws, regulations, or policies that govern the
<br />Chapel Hill-Carrboro City Schools. Landlord shall use commercially reasonable efforts to enforce such Rules and Regulations at the
<br />Property, provided, however, in no event shall Landlord be obligated to make any material expenditures in connection with the
<br />enforcement of such Rules and Regulations. Landlord shall not be liable for any damages arising from any use, act or failure to act of
<br />any other tenant or occupant (including.such tenant's or occupant's invitees, agents or employees), if any, of the Property except to the
<br />extent such damage is caused by Landlord's negligence or willful misconduct.
<br />PERMITTED USES
<br />8. The permitted use of the Premises shall be: office space for school district employees and invitees and related public school
<br />purposes ("Permitted Use"). The Premises shall be used and wholly occupied by Tenant solely for the purposes of conducting the
<br />Permitted Use, and the Premises shall not be used for any other purposes unless Tenant obtains Landlord's prior written approval of
<br />any change in use. Landlord makes no representation or warranty regarding the suitability of the Premises for or the legality (under
<br />zoning or other applicable ordinances) of the Permitted Use for the Premises, provided however, that Landlord does represent that it
<br />has no contractual obligations with other parties which will materially interfere with or prohibit the Permitted Use of Tenant at the
<br />Premises. At Tenant's sole expense, Tenant shall procure, maintain and make available for Landlord's inspection from time to time
<br />aay governmental license(s) or permit(s) required for the proper and lawful conduct of Tenant's business in the Premises. Tenant shall
<br />not cause or permit any waste to occur in the Premises and shall not overload the floor, or any mechanical, electrical, plumbing or
<br />utility systems serving the Premises. Tenant shall keep the Premises, and every part thereof, in a clean and wholesome condition, free
<br />from any objectionable noises, loud music, objectionable odors or nuisances.
<br />TAXES, INSURANCE AND COMMON AREA EXPENSES
<br />9. Landlord shall pay all taxes (including but not limited to, ad valorem taxes, special assessments and any other governmental
<br />charges) on the Property, shall procure and pay for such commercial general liability, broad form fire and extended and special perils
<br />insurance with respect to the Property as Landlord in its reasonable discretion may deem appropriate and shall maintain and operate
<br />the Common Areas and the Property. Tenant shall not be responsible for any of Landlord's costs in obtaining such insurance or in
<br />paying such base taxes. Tenant shall, however, reimburse Landlord for its proportionate share of all increases in taxes beginning one
<br />(1) calendar yeaz after the Lease Commencement Date. Any such sums shall be billed by Landlord to Tenant annually in arrears and
<br />shall be remitted by Tenant to Landlord within thirty (30) days after receipt of notice from Landlord as to the amount due. Tenant
<br />shall be solely responsible for insuring Tenant's personal and business property and for paying any taxes or governmental assessments
<br />levied thereon.
<br />For purposes of this paragraph 9, "Tenant's proportionate shaze" shall be determined based on the percentage of the total gross square
<br />footage of the building in which the Premises aze located that are part of the Premises and occupied by Tenant.
<br />INSURANCE; WAIVER; INDEMNTTY
<br />10. (a) During the term of this Lease, Tenant shall maintain commercial general liability insurance coverage (occurrence coverage}
<br />with broad form contractual liability coverage and with coverage limits of not less than one million dollars ($1,000,000) combined
<br />single limit, per occurrence, and three million dollars ($3,000,000) aggregate limit, specifically including liquor liability insurance
<br />covering consumption of alcoholic beverages by customers of Tenant should Tenant choose to sell alcoholic beverages. All policies of
<br />insurance provided for herein shall name as "additional insureds" Landlord, Landlord's Agent, and all mortgagees of Landlord.
<br />Tenant shall provide to Landlord, at least thirty (30) days prior to expiration, certificates of insurance to evidence any renewal or
<br />additional insurance procured by Tenant. Tenant shall provide evidence of all insurance required under this Lease to Landlord prior to
<br />the Lease Commencement Date.
<br />
|