Orange County NC Website
.S <br />corporation, limited liability company, partnership, association, unincorporated organization, joint <br />venture, joint-stock company, business or other trust, estate, government, governmental subdivision or <br />agency or other legal or commercial entity. <br />(c) Captions. The captions and headings in this Lease are for convenience only and in no <br />way define, limit or describe the scope or intent of any article, section, paragraph or other provision of <br />this Declaration: <br />(d) Reference. All references in this Lease to articles, sections or paragraphs are references <br />to articles, sections or paragraphs of this Declaration unless some other reference is expressly established. <br />(e) Condominium Declaration. Each defined term in the Condominium Declaration shall <br />have the same meaning in this Lease as is ascribed to it in the Condominium Declaration unless otherwise <br />expressly defined in this Lease. <br />ARTICLE H - LEASEHOLD <br />Section 2.01 Conveyance. <br />(a) Premises. Lessor hereby conveys, leases and demises- to Lessee, and Lessee hereby accepts <br />from Lessor, a leasehold interest in the Premises subject to all of the terms, conditions and covenants <br />contained in this Lease and in the Regulations. <br />(b) Common Area. During the term of this Lease and subject to all of the terms, conditions and <br />covenants contained in this Lease and in the Regulations, Lessee and its employees, guests, customers, <br />licensees and invitces while doing business with Lessee shall have the non-exclusive right and privilege of <br />using the Common Area, together with Lessor, other tenants and owners of any Unit and their respective <br />employees, guests, customers, licensees and invitees. <br />(c) Possession. Lessor shall deliver possession of the Premises to Lessee on the <br />Commencement Date. <br />Section 2.02 Term. Subject to the termination rights set forth in this Section and elsewhere in this <br />Lease, the term of this Lease shall commence on the Commencement Date and end at 11:59:59 p.m. (local <br />time) on the day after the one (1) year anniversary of the Commencement Date. In the event Lessor shall <br />permit Lessee to take possession of the Premises prior to the Commencement Date, all of the terms, <br />conditions and covenants contained in this Lease shall apply effective as of the date of such possession. <br />Lessor shall confirm the Commencement Date and the date of termination of this Lease to Lessee, in writing, <br />prior to the Commencement Date. Notwithstanding the foregoing, in the event Lessor shall be unable to <br />acquire any and all permits and approvals necessary to construct the Building substantially in accordance <br />with the- Building Plans and Specification or to upfit the Premises substantially in accordance with the <br />Premises Upfit Plans and Specifications so as to enable Lessee to use and occupy the Premises for the <br />permitted uses set forth in Section 2.05, either party shall be entitled to terminate this Lease upon delivery of <br />written notice of termination to the other parry. <br />Section 2.03 Holding Over. If Lessee shall hold over after the expiration or termination of the term <br />of this Lease, (a) such holding over shall not be deemed to be an extension or renewal of the term of this <br />Lease but shall be deemed to create a tenancy-at-sufferance; (b) Lessee shall be deemed to have agreed to be <br />bound by all of the terms, conditions and covenants contained in this Lease during such tenancy-at- <br />sufferance; and (c) during such tenancy-at-sufferance, Lessee shall pay to Lessor Annual Rent in an amount <br />equal to one hu-*ndred ten percent (110°1x) of the Annual Rent in effect on the date of expiration or termination <br />-3-