2015-496-E Co. Mgr. - Community Empowerment Fund 2015-16 Outside Agency Performance Agreement

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DocuSign Envelope ID: D09F6D26-5288-40CE-99DB-DBA8FE0850B6 t all its personal property within the Premises at any time, and Tenant authorizes Landlord to file a UCC-1 Financing Statement with the North Carolina Secretary of State to perfect such security interest. ARTICLE X TENANT IMPROVEMENTS 10.01 Tenant Improvements. Tenant,at its sole cost and expense,shall be permitted to upfit the Premises(the"Tenant Improvements")subject to Landlord's prior written approval of Tenant's plans and specifications. Tenant shall be responsible at Tenant's cost for obtaining all applicable permits and the certificate occupancy for the Premises. Tenant shall pay any and all contractors performing the Tenant Improvements in a timely manner and shall not permit any contractor's or materialmen's lien to be placed on the Premises. If any contractor files a lien against the Premises it shall be deemed a material breach and default of this Lease by Tenant. At the request of Landlord, upon termination or surrender of this Lease, Tenant shall assign to Landlord all plans, permits, certificates of occupancy and warranties pertaining to the Tenant Improvements. It is understood and agreed that Tenant will perform certain initial work as set forth on Exhibit A attached hereto and incorporated herein by reference. 10.02 S_ignage. Tenant signage is subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld. Tenant signage shall be in compliance with all applicable law and shall be at Tenant's sole cost. ARTICLE XI MISCELLANEOUS 11.01 Accord and Satisfaction. No payment by Tenant or receipt by Landlord of an amount less than is due hereunder shall be deemed to be other than payment towards or on account of the earliest portion of the amount then due, nor shall any endorsement or statement on any check or payment(or in any letter accompanying any check or payment) be deemed an "accord and satisfaction" (or payment in full), and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such amount or pursue any other remedy provided herein. 11.02 Remedies Cumulative, No remedy herein or otherwise conferred upon or reserved to Landlord or Tenant shall be considered exclusive of any other remedy, but the same shall be distinct, separate and cumulative and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute, and every power and remedy given by this Lease to Landlord or Tenant may be exercised from time to time as often as occasion may arise, or as may be deemed expedient. No delay or omission of Landlord or Tenant to exercise any right or power arising from any default on the part of the other shall impair any such right or power,or shall be construed to be a waiver of any such default or an acquiescence thereto. No provision of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing and signed by Landlord and the acceptance of rent by Landlord shall not be deemed a waiver. 11.03 Landlord's Entry. Landlord shall have the right to enter upon the Premises at all reasonable times for the purposes of inspection, maintenance, repair and alteration and to show the same to prospective tenants or purchasers. 1 1.04 Holding Over. The parties agree thal any holding over by Tenant after the expiration of the Term and without the written consent of Landlord shall be a tenancy at will which may be terminated by Landlord on 30 days' notice in writing to Tenant. It is expressly agreed by the parties that the Rent for any holdover period will be 100% of the Rent amau t at the expiration of the Term, and that all other terms and conditions of this Lease shall remain in effect.