Orange County NC Website
DocuSign Envelope ID:234B0168-7DD8-4F95-A2D1-25D37F4A4C22 <br /> administrative action by any person or entity(including governmental or private entities)for, with <br /> respect to, or as a direct or indirect result of, the presence on or under or the escape, seepage, <br /> leakage, spillage, discharge, emission or release from, the Premises or the Building, of any <br /> Hazardous Materials caused by Tenant or Tenant's agents, employees, invitees or successors in <br /> interest. This indemnity shall also apply to any release of Hazardous Materials caused by a fire or <br /> other casualty to the Premises or the Building if such Hazardous Materials were stored on the <br /> Premises or the Building by Tenant, its agents, employees, invitees or successors in interest. <br /> (d) If Tenant fails to comply with the covenants to be performed hereunder with respect <br /> to Hazardous Materials, or if an environmental protection lien is filed against the Premises as a <br /> result of the actions of Tenant, its principals, employees, agents or invitees, then the occurrence <br /> of any such events shall be considered an Event of Default hereunder. <br /> (e) Tenant will give Landlord prompt notice of any release of Hazardous Materials, <br /> reportable or non-reportable, to federal, state or local authorities, of any fire, or any damage <br /> occurring on or to the Premises. <br /> (f) Tenant will use and occupy the Premises and conduct its business in such a manner <br /> that the Premises are neat, clean and orderly at all times with all chemicals or Hazardous <br /> Materials marked for easy identification and stored according to all codes as outlined above. <br /> (g) The warranties and indemnities contained in this Section shall survive the expiration <br /> or any earlier termination of the Term. <br /> 32. TIME OF THE ESSENCE. Time is of the essence in this Lease. <br /> 33. ABANDONMENT. Tenant shall not abandon the Premises at any time during the Term. If <br /> Tenant shall abandon the Premises or be dispossessed of the Premises by process of law at any time <br /> during the Term, any machinery, equipment, trade fixtures and/or personal property belonging to Tenant <br /> and left on the Premises shall, at the option of Landlord, be deemed abandoned, and shall be available to <br /> Landlord to use or sell to offset any rent, additional or other charges due and owing by Tenant to <br /> Landlord, and any expenses incurred by Landlord to remove same and restore the Premises. <br /> 34. NOTICES. All notices and statements required or permitted by this Lease to be given to the <br /> parties or to either of them shall be deemed sufficiently given and delivered when made in writing and (a) <br /> personally delivered to the parties or delivered by next day courier service (i.e. FedEx, UPS, etc.), or (b) <br /> delivered by the United States Postal Service via certified mail,return receipt requested,postage prepaid and <br /> addressed to the appropriate party(ies)at the following address(es),or(c)delivered by facsimile or electronic <br /> mail(email)to the appropriate party(ies)at the following facsimile number(s)or email address(es): <br /> If to Landlord: 105 West Corbin Street,LLC <br /> c/o Sentry Property Management,LLC <br /> 960 Corporate Drive, Suite 404 <br /> Hillsborough,NC 27278 <br /> Facsimile: (919)732-1477 <br /> Email: Tori.Reid@summitde.net <br /> 9 <br />