Orange County NC Website
17 <br />except for repairs required thereto by reason of the acts of County, County's <br />employees, agents, invitees, licensees, or contractors. Notwithstanding anything <br />herein to the .contrary, some or a[I of these repairs will be subject to inclusion in <br />Operating Expenses, including, but not limited to roof repairs and the cost of <br />painting of the outer walls of the shopping center buildings, including the <br />Demised Premises. County shall give Landlord written notice of the necessity far <br />repairs coming to the attention of County following which Landlord shall have a <br />reasonable time to undertake and complete such repairs. The provisions of this <br />Section 21, shall not apply in the case of damage or destruction by fire or other <br />casualty or by eminent domain, in which events the obligations of Landlord shall <br />be controlled by either Section 26 or Section 27 hereof. <br />It is expressly understood that Landlord shall not be responsible for any portions <br />of the Demised Premises constructed by County. <br />jb) Repairs by County. Except as provided in Section 19, County shall keep all <br />aspects of the Demised Premises and any fixtures, facilities, signs or equipment <br />contained therein, in good condition and repair, including, but not limited to, <br />exterior and interior portions of all doors, door checks and operations, windows, <br />plate glass, and showcases surrounding the Demised Premises, the heating, air <br />conditioning, electrical, plumbing and sewer systems, the exterior doors, window <br />frames, and all portions of the store front area, and shall make any replacements <br />thereof and of all broken and/or cracked _plate and window glass which may <br />become necessary during the Term of this Lease, and any renewals thereof, <br />excepting any repairs to items of Landlord's original construction made <br />necessary by reason of damage due to fire or other casualty covered, by <br />standard fire and extended coverage insurance. County shall be responsible for <br />repair to any items of repair required of Landlord, including but not limited to: <br />roof, exterior or structural elements of the Demised Premises if such repairs are <br />necessary as a result of County's negligent or intentional actions or the negligent <br />or intentional actions of County's agents, employees, customers, invitees, or <br />licensees. In connection with County's obligation to maintain the HVAC system <br />servicing the Demised Premises, County shall, during the Term of this Lease, <br />and any renewals thereof, at its sole cost and expense, provide routing <br />maintenance through its building maintenance staff. <br />(c) Landlord shall not be liable to County, except as expressly provided in this <br />Lease, for any damage or inconvenience, and County shall not be entitled to any <br />damages nor to any abatement or reduction of rent by reason of any repairs, <br />alterations or additions made by Landlord under this Lease if any such repairs, <br />alternations or additions were performed in a commercially reasonable manner. <br />(d) Specific Obligations. County specifically agrees that it shall, during the term <br />of this Lease: {i) install and maintain such fire protection devices as may be <br />required by any governmental body or insurance underwriter for the Shopping <br />Center; (ii) change County's air conditioning filter at least five (5) times a year <br />and have County's air conditioner and heater serviced two (2) times per year; <br />and {iii) make any and all repairs to the Demised Premises as may be <br />necessitated by any break-in, forcible entry or other trespass into or upon the <br />Demised Premises. County further agrees that the plumbing facilities shall not <br />be used for other than its intended purpose and that the expense of any <br />breakage, stoppage, or damage .shall be borne by County. County's heating and <br />14 <br />County of Orange, in North Carolina -Hillsborough Commons 07/02/08 <br />Il~TPTi~-S <br />LORD ~~~~ <br />I ~~~~ 1' <br />