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<br />(b) Landlord (for itself and its insurer) waives any rights, including rights of subrogation, and Tenant (for itself and its insurer) waives
<br />any rights, including rights of subrogation, each may have against the other for compensation of any loss or damage occasioned to
<br />Landlord or Tenant arising from any risk generally covered by the "all risks" insurance required to be carried by Landlord and Tenant.
<br />The foregoing waivers of subrogation shall be operative only so long as available in the State of North Carolina. The foregoing
<br />waivers shall be effective whether or not the parties maintain the insurance required to be carved pursuant to this Lease.
<br />(c) Except as otherwise provided in paragraph 10(b), Tenant indemnifies Landlord for damages proximately caused by the negligence
<br />or wrongful conduct of Tenant and Tenant's employees, agents, invitees or contractors. Except as otherwise provided in paragraph
<br />10(b), Landlord indemnifies Tenant for damages proximately caused by the negligence or wrongful conduct of Landlord and
<br />Landlord's employees, agents, invitees or contractors. The indemnity provisions in this paragraph 10 cover personal injury and
<br />property damage and shall survive the expiration or eazlier termination of this Lease: ,
<br />REPAIRS BY LANDLORD
<br />11. Landlord agrees to keep in good repair the roof, foundation, structural supports, exterior walls (exclusive of all glass and exclusive
<br />of all exterior doors) and the Common Areas of the Property, except repairs rendered necessary by the negligence or intentional
<br />wrongful acts of Tenant, its employees, agents, invitees or contractors. Tenant shall promptly report in writing to Landlord any
<br />defective condition known to it which Landlord is required to repair, and failure to report such conditions within thirty (30) days shall
<br />make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such conditions.
<br />REPAIRS BY TENANT
<br />12. (a) Tenant, throughout the initial term of this Lease, and any extension or renewal thereof, at its expense, shall maintain in good
<br />order and repair the Premises (except those repairs expressly required to be made by Landlord hereunder), specifically including but
<br />not limited to all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater
<br />repairs. Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve
<br />.the contractor as to any repairs in excess of one thousand dollars ($1,000); provided, however, that if Tenant selects a contractor
<br />through a legally required public bidding process, then Landlord may disapprove the contractor only if Landlord will agree to cause
<br />the same repairs to be made in a good and workmanlike manner at Landlord's expense by contractor(s) selected by Landlord.
<br />(b) Tenant agrees to return the Premises to Landlord at the expiration or prior temunation of this Lease, in as good condition and
<br />repair as on the Lease Commencement Date, natural wear and tear, damage by storm, fire, lightning, earthquake or other casualty
<br />alone excepted. Tenant, Tenant's employees, agents, invitees or contractors shall take no action which voids any manufacturers or
<br />installers warranty with relation to the Premises or the Property. Tenant shall indemnify and hold harmless Landlord from any
<br />liability, claim, demand, or cause of action arising on account of Tenant's breach of the provisions of this paragraph 12.
<br />There will be heating, ventilation and air conditioning equipment exclusively serving the Premises. Tenant, at its expense, shall
<br />provide basic maintenance for such equipment, including repair and replacement of parts, compressors, air handling units and heating
<br />units. Provided that Tenant shall have obtained Landlord's prior written approval of the contractor and the repair or replacement
<br />expenses for heating, ventilation and air conditioning equipment, Tenant shall be responsible only for repair, replacement, or service
<br />charges costing two hundred and fifty dollars ($250) or less. Notwithstanding anything in this Lease to the contrary, Landlord shall be
<br />solely responsible for any repairs, replacements, or service calls costing in excess of two hundred and fifty dollars ($250), provided
<br />that the parties may, if mutually agreed, opt to have Tenant effectuate such repairs, replacements, or service calls and to have
<br />Landlord reimburse Tenant for the amount in excess of the stated amount. In no event shall Tenant be responsible for more than two
<br />thousand, five hundred dollars ($2,500) in repairs, replacements, or service calls for heating, ventilation, or air conditioning equipment
<br />annually, and once such amount has been exhausted, Landlord shall be solely responsible for any additional repair, replacement, or
<br />service in excess of the stated amount for the remainder of that year. Notwithstanding the foregoing, Landlord shall be solely
<br />responsible for any repairs, replacements, or service calls covered by manufacturers' warranties.
<br />ALTERATIONS
<br />13. Tenant shall not make any post-upfit alterations, additions, or improvements to the Premises costing more than one thousand
<br />dollars ($1,000) without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
<br />Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this paragraph 13 upon
<br />Landlord's written request. All approved alterations, additions, and improvements will be accomplished in a good and workmanlike
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