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<br />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 />elefault shall continue a.s: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 Nat:onsBank.'s prime rate <br />plus l~ 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 ar 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 mprovements.to the Premises upon -ts occupancy <br />of 'the Premises., which capital improvements, when completed,, wild <br />be permanently affixed to the Premises or to structures that. are <br />on the Premises and will thereafaer become a part of the. <br />Premises, For example but not by way of limitation, the roof to <br />trie building may need t.o be replaced, do-ors to the building may <br />need to be replaced and the gravel parking areas may better serve <br />Tenant's needs. if .same o.r all of them are paved, and it :may be <br />necessary or appropriate to remodel the offices. and bathrooms; <br />rna}c`e-railroad spur improvements and connect the: sanitary sewer <br />faC11.1.t1eS to the public service provided by the Town of <br />H.llsboroiigh. I,andlorel 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. ta:.Landlord, within the <br />f:,rst five years of the original term. up to a maximum of <br />$15a,ooo, with.na more. than :$50,000 set off in any one year; <br />proy.ided,..if Tenant expends :more than $50,000 in one year, the <br />excess may be carried aver and, set off against rent in the <br />following yeasts) in all cases subject to the limitation. that riot <br />more than $5O,Q00 will be setoff on any single year nor more. <br />than $150,Q00 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, abat.errient, or <br />otherwise during the Team except as expressly provided:zn this <br />Lease.. Nath.ng contained in this subparagraph.-shall be construed. <br />to release_Landiord 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,,`T`enant.-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 an 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 acid the basis for its unde.r.takings and Landlord's <br />agreement to lease the Premises. to Tenant. These representations <br />F <br />