Orange County NC Website
is <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 .d'ispos'e of any part of the Premises during the. Lease <br />Term as provided in Paragraph 2 of -this. .Lease... <br />c. Tenant may from-rime to ime, in its sole- discr.etion- <br />and:.at its own expense; install machinery and equipment in the <br />structures or atherwis;e 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-remoued at any time while <br />Tenant is riot.. in defaia.lt hereunder and shall not be subject to <br />lien but all such machinery and equipment sha l be subject to any <br />landlord's lien allowed by law. Provided, hiowever, Tenant shall <br />promptly make, at its sole expense, any and all repairs to the <br />Prremses rir to 'the 'structures on the' Premises recess-fated by the <br />reimovai by Tenant of any such machinery and equipment: The need, <br />for repairs shal]~ be those reasonably determined to be necessary <br />by Landlord. Tenant. shall notify Landlord upon the removal: of <br />any such-machnery and equipment to enable Landlord to inspect. <br />the Premises to mace a determinaticin of the repairs, if .any, to <br />be made~'to the-.Premises. Nothing contained in this Paragraph. <br />shall prevent Tenant tram ;purchas-ng machinery aril equipment on <br />cgnda.t'ioxial sa~.e 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 Tien-and. <br />purchase money mortgage made, by Tenant wth.respec:t to machinery <br />and equipment purcPased by it under the provisions of this <br />Paragraph shall, if appropriate financing statements are duly <br />filed for record iri the manner and places required by the North <br />Carolina Uniform Commercial Coda si:multarieously 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 />Tenai.t agrees to pay as clue 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 sha11 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 tollawing,events: <br />O Failure by Tenant to ,pay the rents required <br />to be paid at the times specified ar-d {1) continuation of said <br />:failure for a period of five days of-ter notice by mail given to <br />i:t by Landlord:thaG the-rent ref erred 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 />performe3, other than as referxed to in subsection {') of this <br />14. <br />