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10
<br /> (Note:The following box should only be checked if there are no boxes checked above in this paragraph 9.)
<br /> ❑ None-Tenant shall have no responsibility to reimburse Landlord for taxes,insurance or Common
<br /> Areas and Property Operating Expenses.
<br /> INSURANCE;WAIVER;INDEMNITY
<br /> 10. (a) During the term of this Lease,Tenant shall maintain commercial general liability insurance coverage(occurrence coverage)
<br /> with broad form contractual liability coverage and with coverage limits of not less than 2,000,000
<br /> combined single limit,per occurrence, specifically including liquor liability insurance covering consumption of alcoholic beverages
<br /> by customers of Tenant should Tenant choose to sell alcoholic beverages. Such policy shall insure Tenant's performance of the
<br /> indemnity provisions of this Lease, but the amount of such insurance shall not limit Tenant's liability nor relieve Tenant of any
<br /> obligation hereunder. All policies of insurance provided for herein shall name as "additional insureds"Landlord, Landlord's Agent,
<br /> all mortgagees of Landlord and such other individuals or entities as Landlord may from time to time designate upon written notice to
<br /> Tenant.Tenant shall provide to Landlord,at least thirty(30)days prior to expiration,certificates of insurance to evidence any renewal
<br /> or additional insurance procured by Tenant. Tenant shall provide evidence of all insurance required under this Lease to Landlord prior
<br /> to the Lease Commencement Date.
<br /> (b) Landlord (for itself and its insurer) waives any rights, including rights of subrogation, and Tenant (for itself and its
<br /> insurer)waives any rights,including rights of subrogation, each may have against the other for compensation of any loss or damage
<br /> occasioned to Landlord or Tenant arising from any risk generally covered by the "all risks" insurance required to be carried by
<br /> Landlord and Tenant. The foregoing waivers of subrogation shall be operative only so long as available in the State of North
<br /> Carolina. The foregoing waivers shall be effective whether or not the parties maintain the insurance required to be carried pursuant to
<br /> this Lease.
<br /> (c) Except as otherwise provided in paragraph 10(b), Tenant indemnifies Landlord for damages proximately caused by the
<br /> negligence or wrongful conduct of Tenant and Tenant's employees, agents, invitees or contractors. Except as otherwise provided in
<br /> paragraph 10(b), Landlord indemnifies Tenant for damages proximately caused by the negligence or wrongful conduct of Landlord
<br /> and Landlord's employees, agents, invitees or contractors. The indemnity provisions in this paragraph 10 cover personal injury and
<br /> property damage and shall bind the employees, agents, invitees or contractors of Landlord and Tenant (as the case may be). The
<br /> indemnity obligations in this paragraph 10 shall survive the expiration or earlier termination of this Lease.
<br /> REPAIRS BY LANDLORD
<br /> 11. Landlord agrees to keep in good repair the roof, foundation, structural supports, exterior walls (exclusive of all glass and
<br /> exclusive of all exterior doors) of the Premises and the Common Areas of the Property (including all capital replacements thereof)
<br /> provided that Landlord shall not be responsible for repairs or capital replacements rendered necessary by the negligence or intentional
<br /> wrongful acts of Tenant, its employees, agents, invitees or contractors. Tenant shall promptly report in writing to Landlord any
<br /> defective condition known to it which Landlord is required to repair and failure to report such conditions shall make Tenant
<br /> responsible to Landlord for any liability incurred by Landlord by reason of such conditions.
<br /> (Note: Should Landlord and Tenant need to further detail the allocation of responsibility hereunder,the Special Stipulations
<br /> box at the end of the Lease should be checked and such allocation should be specified on an Exhibit C.)
<br /> REPAIRS BY TENANT
<br /> 12. (a) Tenant accepts the Premises in their present condition and as suited for the Permitted Use and Tenant's intended
<br /> purposes.Tenant,throughout the initial term of this Lease,and any extension or renewal thereof,at its expense,shall maintain in good
<br /> order and repair the Premises (except those repairs expressly required to be made by Landlord hereunder), specifically including but
<br /> not limited to all light bulb and ballast replacements, plumbing fixtures and systems repairs within the Premises and water heater
<br /> repairs. Tenant further agrees that it shall not use the Common Areas for storage or for the disposal of refuse or any other material.
<br /> Tenant shall use only licensed contractors for repairs where such license is required. Landlord shall have the right to approve the
<br /> contractor as to any repairs in excess of$,1,000.00
<br /> ❑If this box is checked,Tenant,at its expense,shall maintain the heating,ventilation and air conditioning system(s) serving
<br /> the Premises in good order and repair,including but not limited to replacement of parts, compressors, air handling units and heating
<br /> units. Provided that Tenant shall have obtained Landlord's prior written approval of the contractor and the repair or replacement
<br /> expenses for heating,ventilation and air conditioning equipment,Tenant shall not be liable for more than $` (per
<br /> occurrence)or$, (annually), and Landlord shall reimburse Tenant for the amount in excess of the stated amount
<br /> upon the written request of Tenant.
<br /> ® If this box is checked, Landlord, at its expense, shall maintain the heating, ventilation and air conditioning system(s)
<br /> serving the Premises in good order and repair,including but not limited to replacement of parts, compressors, air handling units and
<br /> heating units.Provided that,Tenant shall reimburse Landlord an amount up to$1,000.00 (per occurrence)or$5,000.00
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<br /> STANDARD FORM 593-T
<br /> Revised 712018
<br /> Tenant Initials Landlord Initials ®7/2018
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