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Agenda - 06-19-2012 - 5n
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Agenda - 06-19-2012 - 5n
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Last modified
1/12/2016 12:30:31 PM
Creation date
6/15/2012 12:17:37 PM
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BOCC
Date
6/19/2012
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5n
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Minutes 06-19-2012
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\Board of County Commissioners\Minutes - Approved\2010's\2012
NS Lease Valley Forge Road Property Least Rate for Builders FirstSource
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Path:
\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2012
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16 <br />f <br />Landlord agrees that, except as set forth in this Paragraph <br />10 of this Lease, it will not sell, convey, mortgage, encumber or <br />otherwise dispose of any part of the Premises during the Lease <br />Term as provided in Paragraph 2 of this Lease. <br />C. Tenant may from time to time, in its sole discretion - <br />and at its own expense, install machinery and equipment in the <br />structures or otherwise on the Premises. All machinery and <br />equipment so installed by Tenant shall remain the sole property <br />of Tenant. It may be modified or removed at any time while <br />Tenant is not in default hereunder and shall not be subject to <br />lien but all such machinery and equipment shall be subject to any <br />landlord's lien allowed by law. Provided, however, Tenant shall <br />promptly make, at its sole expense, any and all repairs to the <br />Premises or to the structures on the Premises-necessitated by the <br />removal by Tenant of any such machinery and equipment. The need <br />for repairs shall be those reasonably determined to be necessary <br />by Landlord. Tenant shall notify Landlord upon the removal of <br />any such-machinery and equipment to enable Landlord to inspect <br />the Premises to make a determination of the repairs, if any, to <br />be made to the Premises. Nothing contained in this Paragraph <br />shall prevent Tenant from purchasing machinery and equipment on <br />conditional sale contract or lease sale contract, or subject to <br />vendor's lien or purchase money mortgage, as security for the <br />unpaid portion of the purchase price thereof, and each such <br />conditional sale contract, lease sale contract, vendor's lien and <br />purchase money mortgage made by Tenant with respect to machinery <br />and equipment purchased by it under the provisions of this <br />Paragraph shall, if appropriate financing statements are duly <br />filed for record in the manner and places required by the North <br />Carolina Uniform Commercial Code simultaneously with or prior to <br />the installation at the Premises of the machinery and equipment <br />covered thereby, be prior and superior to any landlord's - lien. <br />Tenant agrees to pay as due the purchase price of and all costs <br />and expenses with respect to the acquisition and installation of <br />any machinery and equipment installed by it pursuant to this <br />Paragraph. <br />11. Events of Default and Remedies. <br />a. The following shall be "events of default" under <br />this Lease and the terms "event of default" or "default" shall <br />mean, whenever they are used in this Lease, any one or more of <br />the following events: <br />(i) Failure by 'Tenant to pay the rents required <br />to be paid at the times specified and (1) continuation of said <br />failure for a period of five days after notice by mail given to <br />it by Landlord that the rent referred to in such notice has not <br />been received or (2) continuation of said failure for a period of <br />fifteen days. <br />(ii) Failure by Tenant to observe and perform any <br />covenant, condition or agreement on its part to be observed or <br />performed, other than as referred to in subsection (i) of this <br />14 <br />
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