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Qur3~.T EN.roS'n7ErvT
<br />2S So long as l'enant observes and performs the covenants and agreements contained herein, it shall at all times during the Lease
<br />term peacefully and gitietly have and enjoy possession of the Premises, but always subject to the feints hereof. Provided, however, that
<br />in the event Landlord shall sell or othenvrse transfer its interest in the Premises, Tenant agrees to a(torn to any new owner or interest
<br />holder and shall, i(requested by Landlord, execute a separate agreement reflecting such attornment, provided that said agrccrnent
<br />requires the new owner or interest holder to recoGnize its obligations and 1'cnant's rights hereunder
<br />IlO3;D7NG OVER
<br />26 If Tenant remains iu possession of the Premises after expiration of the taint hereof, with ],andlord's acquiescence and without
<br />any express agreement of the parties, Tenant shall be a tenant at will at the rental rate which is in effect at end of this Lease and there
<br />shall be no renews] v(' this Lease by operation of Jaw. If Teaani remains in possession of the Premises after aspiration of the term
<br />hereof without Landlord's acquiescence, Tenant shall be a tenant at sufferance and commencing on the dart following the date of such
<br />expiration, the monthly rents] payable under Paragraph 3 above shall for each month, or fraction thereof during which Tenant so
<br />remains in possession of the premises, be twice the monthly rental otherwise payable under Paragraph 3 alcove.
<br />ATTORNEY''S FEES
<br />27. In the event that any action or proceeding is brought to enforce any terns, covenant or condition of this Lease on the part of
<br />landlord or Tenant, the prevailing party in such litigation shall be entitled to recover reasonable attorney's fees and costs-
<br />RIGHTS CUML)LATIVE
<br />2S All rights, powers and privileges conferzed hereunder upon parties hereto shall be cumulative and not restrictive of these given
<br />by law,
<br />~VAIVL',12 Or RIG137S
<br />29. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance try Tenant of its
<br />obligations hereunder and no custom or practice of the parties at variance with the terms hereof shat) constitute a waiver of Landlord's
<br />right to demand exact cvmpliance with dte terms hereof
<br />ENVIRONMENTAL. LAWS
<br />30 (a) Tenant shall not bring Dote the Premises mr,y hazardous Materials (as defined below) withmtt the prior written approval by
<br />landlord. Any approval must be preceded by submission to Landlord of appropriate Material Safety Data Sheets (MSD Sheets). In the
<br />event of approval by Landlord, Tenant coveuants that it will (1) comply with all requirements of any constituted public aulhorin and
<br />all federal, state, and local cedes, statutes, odes and regulations, and laws, whether now in force or hereafter adopted relating to
<br />1"enant's use of the Premises, or relating to the storage, use, disposal, processing, distribution, shipping or sates of any hazardous,
<br />flammable, toxic, or dangerous materials, waste or substance, the presence of which is regulated by a federal, state, or local law,
<br />ruling, rule or regulation (hereafter collectively referred to as "Hazardous Materials"); (2) comply with any reasonable
<br />recommendations by the insurance carrier oCeither Landlord or Tenant relating to the use by Tenant nn the Premises of such
<br />1lazardous Materials; (3) refrain from unlawfully disposing of or allowing the disposal of any Hazardous 1`9aterials upon, within,
<br />about or tinder the Premises; and (4) remove all hazardous Materials from the Premises, either after their use by Tenant or upon the
<br />expiration or earlier termination of this lease, in compliance with all applicable laws
<br />(b)'I'enant shall be responsible for obtaining all necessary permits in connection with its use, storage and disposal oCl-lazardous
<br />Materials, and shall develop and maintain, and where necessary file with the appropriate authorities, all reports, receipts, manifests,
<br />filings, lists and invoices covering chose hazardous Materials and Tenant shall provide 1"andlord with copies of all such items upon
<br />request Tenant shall provide within five (5) days after receipt thereof, copies of all notices, orders, claims or ether correspondence
<br />from env federate state or local government or agency alleging any violation of any environmental law or regulation by Tenant, or
<br />related in any manner to Hazardous Materials to addition, Tenant shall provide Landlord with copies of aH responses to such
<br />corespondence at the time o1'the response
<br />(c) To Che extent permitted by North Carolina law and the insurance policies owned 6y/covering the Tenant,
<br />{rj Tenant hereby indenmifies and holds harmless Landlord, its successors and assigns from and against any and all losses,
<br />liabilities, damages, ivjuries, penalties, fines, costs, expenses and claims of any and every kind whatsoever (including attomcy's fees
<br />and costs, expenses or claims asserted or arising under the C:mnprehensive Environmental Response, Compensation and I..iabilily Act
<br />oi• 1980, as amended, from time to lime, and regulations promulgated thereunder, any so-called state or ]Deal "Superftrnd" or
<br />"Superlien" law, or any other federal, stale or local statute, law or ordinance, code, ode, regulation, order or decree regulating, relating
<br />to, or imposing liability or standards of conduct concerning any hazardous Materials) paid, incurred or suffered by, nr asserted
<br />against, Landlord as a result of any claim, demand orjudicial or administrative action by any person or entity (including governmental
<br />Page G of 8
<br />STANDARD GO12M ,y0=1'
<br />~ ~ ! ~' ( C? 7/2002
<br />l'en;un Initials ~_ ~ __., L.andlrn~d Initials _~1 ~)._
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