Orange County NC Website
1 <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 <br /> Page 7of13 <br /> STANDARD FORM 593-T <br /> Revised 7018 <br /> Tenant Initials Landlord Initials ©712I2018 <br />