Orange County NC Website
Landlord of Landlord's receipt of notice from Georgia- Pacific . <br />Corporation-of Georgia - Pacific Corporation's intent not to renew <br />its lease of the Premises. In the event Tenant shall fail to <br />make-any of the lease payments required, the payment so-in <br />default shall continue as an obligation of Tenant until the <br />amount in default shall have been fully paid, and Tenant agrees <br />to pay the same with interest thereon at NationsBank's prime rate <br />plus 1% per annum until paid. Rent payments shall be made to <br />Landlord and shall be received on the due date at the office of <br />Purchasing and Central Services of Landlord or received <br />electronically on the due date in an account or accounts <br />designated by Landlord. <br />b. Tenant has indicated its interest in making <br />certain capital improvements to the Premises upon its occupancy <br />of the Premises, which capital improvements, when completed, will <br />be permanently affixed to the Premises or to structures that are <br />on the Premises and will thereafter become a part of the <br />Premises. For example but not by way of limitation, the roof to <br />the building may need to be replaced, doors to the building may <br />need to be replaced and the gravel parking areas may better serve <br />Tenant's needs if some or all of them are paved, and it may be <br />necessary or appropriate to remodel the offices and bathrooms, <br />make railroad spur improvements and connect the sanitary sewer <br />facilities to the public service provided by the Town of <br />Hillsborough. Landlord agrees to a rent set =off for any such <br />capital improvements undertaken and completed by Tenant, and upon <br />Tenant's submitting proof of-their cost to .Landlord, within the <br />first five years of the original term up to a maximum of <br />$150,000, with no more than $50,000.set off in any one year; <br />provided, if Tenant expends more than $50,000 in one year, the <br />excess may be carried over and set off against rent in the <br />following year(s)- in all cases- subject to the limitation.....tha.t_..not.... <br />more than $50,000 will be set off on any single year nor more <br />than $150,000 in the aggregate and no set offs will be taken <br />after the initial five years of the.term. <br />C. The obligations of Tenant to make rent payments <br />required shall be absolute and unconditional and shall not be <br />subject to diminution by set -off, counterclaim, abatement or <br />otherwise during the Term except as expressly provided in this <br />Lease. Nothing contained in this subparagraph shall be construed <br />to release Landlord from the performance of any of the agreements <br />on its part contained in this Lease; and in the event Landlord <br />shall fail to perform any such agreement on its part, Tenant may <br />institute such action against Landlord as Tenant may deem <br />necessary to compel performance or recover its damages for non- <br />performance provided that no such action shall violate the <br />agreement on the part of Tenant to unconditionally make the rent <br />payments or diminish the amount of the rent payments. <br />d. Tenant makes the following representations as an <br />inducement to and the basis for its undertakings and Landlord's <br />agreement to lease the Premises to Tenant. These representations <br />5 <br />