Orange County NC Website
The owner for the ere being of the leasehold estate created by this Lean.whither it be the anginal inane.of any <br /> assignee under a old aseip es,and if at any tent more than one mdiwdaal or firm cornpnaes Terms.such work <br /> the eras such a dtvitab end forms,jesdy and severally. <br /> Intl LANDLORD: <br /> The outer for the tyre being d the Demised Premises,whether it be Ow aired Latelord or any waccesrora*tide, <br /> and d anti cite more than one individual a fart comprises Lambed,such owed Mall mean such i dwiduals and <br /> Gems,Ws*and seventy. <br /> AMMO O - <br /> PREI4SES AND TERM <br /> 2.01 PraMse .Subject to the tenets and caelltictshereof,Lambed does demise unto said tenant endless*doss take from Latdord for the <br /> hiss term the Demised Premises,together with n eotsabh rights of scam.ingress and egress,and dolts so joie used fetch perking anew <br /> driveway.,sidewalks and other common areas as Landlord shall provide from tints to time,whirhrialtts.halbs r toners=with Landord and <br /> otter claiming wider Landlord and shat be to UM such era only for the purposes designated by Liid rd.Landord hereby reaeeves the right <br /> at any tine to make alterations or adtfitions to and to bard addtional stores on the bulking in which the Demised Provisos are contained and <br /> lo build+efoining the sane.Landlord also reserves the tight to construct othn buldngt or ienpnthemei s it the ShnppigCentee of wliClh the <br /> Demised Premises are a part from time to tine and to make alterations thereof or adtfitions thereon and to dery ofah area d such budding or <br /> braidegs and to bad adieining the same and to construct double decks or elevated parking facieier. <br /> 2.02 TERM OF LEASE. <br /> The please'lien'or"Lease Term',as used in this lease.shad be the initial teen of this Leass and renewal item of this lease. <br /> ARTICLE l <br /> RENTAL y + <br /> 3A1 ANNUAL/ANNUM RENT: <br /> RENTAL <br /> steal on the&e day of the law and each annual anniversary date thereafter pay to Landlord at such tie as Lansford slip <br /> designate ys wnring from tine to tine,the antral nt+kie tan rent.Nonvidtssandeg the above.i die taunt is not n default under the tams of <br /> the Lease.the tenant may par the a awal mivasses dart a equal monthly irutalments.on the In t dry of a candor moth.then the annual <br /> minimum rent for such mash dial bs prorated upon a daily bash and shad be payable upon the date of c cupancy.d ei any tune dui*the <br /> lase berm the tenant is is default under any tenths of this lease.the Landed shall have the right to accelerate the payment of the Annual <br /> Atermsn Rent that is or would be due daring the lease teen and to demand.coded and receive horn the tenant the Annual Miranu m Rem that <br /> r or vivid be due dazing the lease tern The tenant rho'pay to the Landlord the reraaire erg balance of the Annual Minin.un Rent that is or <br /> would be due during the lease term aid+im ten(10)days d the date during of denhaad for saute from the Landlord. <br /> 3.02 PERCENTAGE RENTAL <br /> fah addition is tae annual h6nimhgn Rental hereinabove specified.with respect to any leave year during the lease term in which Tenant's <br /> Gnus.Sales std exceed the stun of_,N/A _ I• ) <br /> (hereinafter referred to as the'merman basis d Wee),Tenon steal pay to Landed as addtional rental an amount equal to the Percentage <br /> Rental.Percentage Rental shat be paid an or before the hvenne rat(21st)day following the end of each lease year.For the purposes d this <br /> lease,a"lease year shad be each suctetaiv*pesfod of twelve(12)comesvthe calendar months from the last day of the month in wink*the <br /> lease teem shall commence.Seim or arty period Receding the first lease year shad be ded in Gnoo Sales worded for the first loseyear. <br /> Tenant shag.on or before the twetty.hst(21s)day blowing the end of each haw year or low period'delver to Landord a statement <br /> shorn to be Tenant or(i Town is a corporation)by Tenant's chef fewtcial office.certifying the true mecum d Gross Sales pod such lease <br /> year or lesser period".The term lesser period',as used hewn.shad be any period begi uslg on the Gust(1st)day of any lease year and <br /> endng,by reason of the terminator of trs Lease.prior to the end of such lease year.In the event that a period of more or less than twekke(12) <br /> months shall be so required to be icitadsd in any such statemem then the mwtamun basis of sales shall be proportionately increased or <br /> decreased as the case may be.Cancstrendy aids the defrvery of such statement,Tenant will pay ao Landlord the annum of Percentage Rental <br /> thew*thereon ro be due.In the evert Tenant sublets any space or any department.Landlord or its repeeserwtives shall/Aso be furnished such <br /> statement from subtenants or departments. Landaerd or its duly authorised representative may.on regular business days and within <br /> reasonable office hours.inspect teiwu's records of gross sales either at the Denrud Premature elsewhere as desicroced by Tercet,provided <br /> such inspection is made tines twelve(12)meths after a statement of sales a furnished Lusdord by Tema and I knitted to the pared <br /> cowered by such statement.Sad mord.shat be kept is accordance with generally accepted accounting enmities.Aey claim by Larudord for <br /> revision of any stunner*of sales or for Percentage Rental must be made in writing to Tenant within twelve(12)menthe after the date such <br /> Statement of sales is mailed to Landrxd(otherwise it shat be deemed saved ty Landlord).d Lardoeds audt shall autos(a deficiency in <br /> Percentage Rectal paid for any base yew,Tetai shall prosody pay such deficiencies together with interest at the rated ten(iO'.f perms Per <br /> amens%if such deficiency is five IS%)percent of more,Tenant shall provenly pay to Landlord,et addition to the amount stated above.the cord <br /> f such au*.The Ionian:ing by Taut of any grossly inaccurate statement shat constitute a default wrier tin Lease and shall entitle <br /> Landlord,iumedlatdy and without notice to mere*any or al of the remedies set forth in Mick iX herein_Landlord wad hold in confidence all <br /> idorm+aoon obtained from Tenant's records except a any proceeding*cot action to collect the cost of such auto defruncy or with respect to <br /> a sale,monomer or leaseback of the shagging center of which the Demised Premises are a pan. <br /> 3.03 SECURITY DEPOSIT: <br /> • <br /> Truant has deposited with Landord the pan of One Thousand . leu.d n — t <br /> DOLLARS(c I n n n n t. <br /> Said deposit shall be And by Land)ord without labiity for interest.as security foe the faithful performance by Tenant of all the womb(the <br /> Lease.R any of the net herein reserved or any other charge payable by Tenant to Lan3xd Mel be overdue and unpaid or should Landord <br /> make payments on behalf of the Tenant.or if Tenant should lei to perform any of the terms of this Lease.then Landlord may.atlantic()and <br /> eithota prejudice to any otter remedy wfticth Landlord may have on account thereof.appropriate and apply said woke depot or so much <br /> thereof ate may be necessary to contperwte Lamdoed toward the payment of rev.addkional dune or roes or dteage sustained by Landaed <br /> due to such breach on the pan*Crown and Tenant shell kuthwith upon demand restore sad security to the origral sum depomted.$hank! <br /> Tenant comply with al of std teens aid Prcentsde pay al of the rent as it lads that and al other charges payable by Tenure to Landlord,said <br /> deyo■it shad be retuned in hid to Term at due end of the term.le the event of banlauptey or other credit-debtor placed:19s against Tenant. <br /> +l aecunewi shad be droned to be applied flex to the Minna of rem and other charges this Laniard for al periods parsor to the liiing of such <br /> proceedings.. Landords mortgagee win no be liable for security deposits unless it actually receives them. <br /> 2 <br />