2001 S Co Attorney - Smith Middle School Ground Lease Agreement with UNC

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groundlease- rev -c12. orange occupancy by Sub -Tenant of the Smith Middle School. Landlord authorizes the University to approve and execute this separate use agreement on behalf of Landlord. 6.4 Repairs, Maintenance and Care of the Premises. By possession or occupancy of the Premises, Tenant acknowledges that it has inspected the Premises and fords the Premises to be satisfactory and in conformity to the obligations of the Landlord upon delivery of the Premises to the Tenant. Tenant shall maintain the Leased Premises in a clean, attractive condition, and not commit or allow any waste or damage to be committed on or to any portion of the Leased Premises, ordinary wear and tear excepted. All maintenance and repair of the Leased Premises and any Improvements shall be the responsibility of Tenant and Tenant shall (at Tenant's expense) keep and maintain in good repair the whole of the Leased Premises. Landlord shall have no obligation or responsibility for such maintenance. Tenant will promptly repair any damage to the Premises or any Improvements. Excepted from this requirement is any damage caused by Landlord or its Agents and contractors. 6.5 Compliance with Laws. Tenant, at Tenant's expense, shall comply with all federal, state, municipal and other laws, regulations and ordinances and rules and regulations of University of North Carolina at Chapel Hill applicable to the Project (including the rules and regulations of its Public Safety Office) now or hereafter in effect applicable to its construction, use, occupancy, and operations in respect to the Premises, and any Improvements, including license and permit requirements, and will not commit or permit waste in respect to the Leased Premises. 6.6 Utilities. Tenant shall provide and maintain its own electrical, gas, telephone, water and sewer, garbage and refuse removal and other utility services with respect to the Leased Premises and shall bear all expenses in thereto, including, any connection charges. 6.7 . Tenant may not erect, install or display any sign other than school identification signs on the Premises, without prior written consent of the Landlord, acting through the University of North Carolina at Chapel Hill. Tenant shall not use the name of The University of North Carolina at Chapel Hill or any mark or logo or depiction of any of the foregoing without the written consent of The University of North Carolina at Chapel Hill. 6.8 Continuous Use of Leased Premises. Tenant covenants and agrees that it shall occupy and continuously conduct business at the Leased Premises for the uses permitted under Section 2.3 commencing upon the Commencement Date and continuously thereafter. 6.9 Landlord's Right of Access. Landlord and its authorized representatives shall have the right to enter the Leased Premises at reasonable hours after notification to school personnel for the purposes of inspecting the Leased Premises and for excavation and installation of utilities and other improvements associated with the development of adjacent properties. 6.10 Americans With Disabilities Act. Tenant represents and covenants that it shall construct any Improvements and shall conduct its occupancy and use of the Leased Premises in accordance with the provisions of Title III of the Americans With Disabilities Act (the "ADA ") and any similar state law by including, but not limited to, modifying its policies, practices and procedures as may be necessary to comply therewith, and providing auxiliary aids and services to disabled persons as required thereunder. All construction, alteration, and improvement of the Leased Premises shall comply, and Tenant represents and warrants that the plans and specifications submitted in respect to any Improvements or any alterations thereof or general alterations with respect to the Leased Premises are in compliance, with the ADA and any similar state law and, upon request of Landlord, Tenant shall provide Landlord with evidence reasonably satisfactory to Landlord that such work was performed in compliance therewith.