Orange County NC Website
Landlord agrees that, except as set forth in this Paragraph <br /> 10 of this Lease, it will not sell, convey, mortgage, encumber or <br /> otherwise dispose of any part of the Premises during the Lease <br /> Term as provided in Paragraph 2 of this Lease. <br /> C. Tenant may from time to time, in its sole discretion <br /> and at its own expense, install machinery and equipment in the <br /> structures or otherwise on the Premises . All machinery and <br /> equipment so installed by Tenant shall remain the sole property <br /> of Tenant . It may be modified or removed at any time while <br /> Tenant is not in default hereunder and shall not be subject to <br /> lien but all such machinery and equipment shall be subject to any <br /> landlord' s lien allowed by law. Provided, however, Tenant shall <br /> promptly make, at its sole expense, any and all repairs to the <br /> Premises or to the structures on the Premises necessitated by the <br /> removal by Tenant of any such machinery and equipment . The need <br /> for repairs shall be those reasonably determined to be necessary <br /> by Landlord. Tenant shall notify Landlord upon the removal of <br /> any such machinery and equipment to enable Landlord to inspect <br /> the Premises to make a determination of the repairs, if any, to <br /> be made to the Premises . Nothing contained in this Paragraph <br /> shall prevent Tenant from purchasing machinery and equipment on <br /> conditional sale contract or lease sale contract, or subject to <br /> vendor ' s lien or purchase money mortgage, as security for the <br /> unpaid portion of the purchase price thereof, and each such <br /> conditional sale contract, lease sale contract, vendor ' s lien and <br /> purchase money mortgage made by Tenant with respect to machinery <br /> and equipment purchased by it under the provisions of this <br /> Paragraph shall, if appropriate financing statements are duly <br /> filed for record in the manner and places required by the North <br /> Carolina Uniform Commercial Code simultaneously with or prior to <br /> the installation at the Premises of the machinery and equipment <br /> covered thereby, be prior and superior to any landlord' s lien. <br /> Tenant agrees to pay as due the purchase price of and all costs <br /> and expenses with respect to the acquisition and installation of <br /> any machinery and equipment installed by it pursuant to this <br /> Paragraph. <br /> 11 . Events of Default and Remedies . <br /> a. The following shall be "events of default" under <br /> this Lease and the terms "event of default" or "default" shall <br /> mean, whenever they are used in this Lease, any one or more of <br /> the following events : <br /> (i) Failure by Tenant to pay the rents required <br /> to be paid at the times specified and (1) continuation of said <br /> failure for a period of five days after notice by mail given to <br /> it by Landlord that the rent referred to in such notice has not <br /> been received or (2) continuation of said failure for a period of <br /> fifteen days . <br /> (ii) Failure by Tenant to observe and perform any <br /> covenant, condition or agreement on its part to be observed or <br /> performed, other than as referred to in subsection ii) of this <br /> 14 <br />