Orange County NC Website
manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord, free of any liens or <br />encumbrances; provided, however, that if Tenant selects a contractor through a legally required public bidding process, then Landlord <br />may disapprove the contractor only if Landlord will agree to cause the same alterations, additions, or improvements to be made at its <br />own expense by contractor(s) selected by Landlord. Landlord may require Tenant to remove any alterations, additions or <br />improvements (whether or not made with Landlord's consent) at the termination of the Lease and to restore the Premises to its prior <br />condition, all at Tenant's expense, provided Landlord informed Tenant in writing that Tenant would be required fo remove any <br />particulaz alteration, addition, or improvement at the time the alteration, addition, or improvement was approved by Landlord, if <br />Landlord's consent was sought. All alterations, additions and improvements which Landlord has not required Tenant to remove shall <br />become Landlord's property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove <br />any of Tenant's machinery, equipment or trade fixtures which can be removed without material damage to the Premises or the <br />Property. Tenant shall repair, at Tenant's expense, any damage to the Premises or the Property caused by the removal of any such <br />machinery, equipment or trade fixtures. <br />DESTRUCTION OF OR DAMAGE TO PREMISES <br />14. (a) If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, Landlord shall have the right to <br />terminate this Lease on written notice to Tenant within thirty (30) days after such destruction and this Lease shall terminate as of the <br />date of such destruction and rental shall be accounted for as between Landlord and Tenant as of that date; provided, however, that <br />Tenant shall have no obligation to pay rent for any time period(s) after the Premises are totally destroyed. <br />(b) If the Premises are damaged but not wholly destroyed by any such casualties or if the Landlord does not elect to terminate the <br />Lease under pazagraph 14(a) above, Landlord shall commence (or shall cause to be commenced) reconstruction of the Premises within <br />sixty (60) days after such occurrence and prosecute the same diligently to completion, not to exceed one hundred and fifty (150) days <br />from the date upon which Landlord receives all applicable permits and consents as well as insurance proceeds. In the event Landlord <br />shall fail to substantially complete reconstruction of the Premises within said one hundred fifty (150) day period, Tenant may <br />terminate this Lease. <br />(c) In the event of any casualty at the Premises during the last one (1) year of the Lease Term, Landlord and Tenant each shall have the <br />option to terminate this Lease on written notice to the other of exercise thereof within sixty (60) days after such occurrence. <br />(d} In the event of reconstruction of the Premises, Tenant shall continue the operation of its business in the Premises during any such <br />period to the extent reasonably practicable from the standpoint of prudent business management, and the obligation of Tenant to pay <br />annual rental and any other sums due under this Lease, shall remainin full force and effect during the period of reconstmction. The <br />annual rental and other sums due under this Lease shall be abated proportionately with the degree to which Tenant's use of the <br />Premises is impaired, commencing from the date of destruction and continuing during the period of such reconstruction. Tenant shall <br />not be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Prenvses, Tenant's <br />personal property, or any inconvenience or annoyance occasioned by such damage, reconstruction or replacement. <br />(e) In the event of the termination of this Lease under any of the provisions of this paragraph 14, both Landlord and Tenant shall be <br />released from any liability or obligation under this Lease arising after the date of termination, except as otherwise provided for in this <br />Lease. <br />GOVERND~NTAL ORDERS <br />15. Tenant, at its own expense, agrees to comply with: (a) any law, statute, ordinance, regulation, rule, requirement, order, court <br />decision or procedural requirement of any governmental or quasi-governmental authority having jurisdiction over the Premises, (b) <br />the rules and regulations of any applicable governmental insurance authority or any similar body, relative to the Premises and <br />Tenant's activities therein.; (c) provisions of or rules enacted pursuant to any private use restrictions, as the same maybe amended <br />from time to time and (d) the Americans with Disabilities Act (42 U.S.C.S. § 12101, et seq.) and the regulations and accessibility <br />guidelines enacted pursuant thereto, as the same may be amended from time to time. Landlord and Tenant agree, however, that if in <br />order to comply with such requirements the cost to Tenant shall exceed a sum equal to one (1) yeaz's rent, then Tenant may terminate <br />this Lease by giving written notice of termination to Landlord in accordance with the terms of this Lease, which termination shall <br />become effective sixty (60) days after receipt of such notice and which notice shall eliminate the necessity of compliance with such <br />requirements, unless, within thirty (30) days of receiving such notice, Landlord agrees in writing to be responsible for such <br />compliance, at its own expense, and commences compliance activity, in which case Tenant's notice given hereunder shall not <br />terminate this Lease. <br />