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by the Landlord in enforcing this or any other provision of this Lease shall become the responsibility
<br /> of the Tenant as though such expenses were rent or any other charges due under this Lease .
<br /> (b) If Tenant shall default in the performance of any other of the terms , conditions or covenants
<br /> contained in this Lease to be observed or performed by it and does not remedy such default within
<br /> thirty (30) days after written notice thereof, or does not within such thirty (30) days commence such
<br /> act or acts as shall be necessary to remedy the default and shall not complete such act or acts promptly,
<br /> or if Tenant shall become bankrupt or insolvent, or file any debtor proceedings , or file in any Court
<br /> pursuant to any statute, either of the United States or of any State, a petition in bankruptcy or
<br /> insolvency or for reorganization, or file or have filed against it a Petition for the appointment of
<br /> receiver or trustee for all or substantially all of the assets of Tenant or such appointment shall not be
<br /> vacated or set aside within thirty (30) days from such appointment, or if Tenant makes an assignment
<br /> for the benefit of creditors , or petitions for or agrees to an arrangement, or suffers the Lease to be
<br /> taken under any writ of execution and such writ is not discharged or set aside within thirty (30) days ,
<br /> then in any such event Landlord shall have the right at its option to terminate and cancel this Lease
<br /> Agreement or to peaceably re- enter. All legal costs incident to this action incurred by the Landlord in
<br /> enforcing this or any other provision of this Lease shall become the responsibility of the Tenant as
<br /> though such expenses were rent or any other charges due under this Lease .
<br /> If Landlord should elect to re- enter as herein provided, or should it take possession pursuant
<br /> to legal proceedings , it may either terminate this Agreement make such alterations and repairs as are
<br /> necessary in order to re- let the demised premises , and re-let the demised premises for such term and
<br /> at such rents and upon such other terms and conditions as Landlord may deem advisable . In the event
<br /> of such re-letting, all rentals received by Landlord shall be applied , first, to the payment of any
<br /> indebtedness other than rental due hereunder from Tenant to Landlord ; second, to the payment of any
<br /> costs and expenses of such re-letting, including the expense of alterations and repairs ; third, to the
<br /> payment of rental due and unpaid hereunder, and the residue, if any, shall be held by Landlord and
<br /> applied in the payment of future rental due and unpaid hereunder. If such re- letting shall yield rentals
<br /> insufficient for any month to pay the rental due by the Tenant hereunder for that month, Tenant shall
<br /> be liable to Landlord for the deficiency and same shall be paid monthly.
<br /> No such re- entry or taking possession of the demised premises by Landlord shall be construed
<br /> as an election to terminate this Lease unless the written notice of such intention be given by Landlord
<br /> to Tenant at the time of such re- entry; but notwithstanding any such re- entry and re-letting without
<br /> termination, Landlord may at any time thereafter elect to terminate this Lease for such previous
<br /> breach. In the event of any termination of this Lease by Landlord, whether before or after re- entry,
<br /> Landlord may recover from Tenant damages incurred by reason of such breach, including the cost of
<br /> recovering the demised premises and the difference in value between the rental which would be
<br /> payable by Tenant hereunder for the remainder of the term and such reasonable rental value of the
<br /> demised premises for the remainder of the term .
<br /> (c) If Tenant shall vacate, fail to operate in or abandon the demised premises or any substantial
<br /> part thereof, and if such unauthorized absence, failure to operate or abandonment shall continue for a
<br /> period of twenty-one (21 ) days , then in addition to the remedies set forth in (b) above, Landlord shall
<br /> have a lien on all furniture, household furnishings , trade fixtures , equipment and other personal
<br /> property to which the Tenant has legal title and which remains on the demised premises , which lien
<br /> may be enforced pursuant to N . C . G . S . § 44A-2 (e) by public sale, and which lien shall be for the
<br /> amount of any rents which were due the Landlord at the time Tenant vacated the premises and for the
<br /> time, up to sixty (60) days , from vacating the demised premises to the date of sale, and for any sums
<br /> necessary to repair damages to the premises caused by Tenant, normal wear and tear excepted, and
<br /> for reasonable costs and expenses of sale .
<br /> IDENTITY OF INTEREST
<br /> 32 . The execution of this Lease or the performance of any act pursuant to the provisions
<br /> thereof shall not be deemed or construed to have the effect of creating between Landlord and Tenant
<br /> the relationship of principal or agent, or of a partnership or joint venture .
<br /> INVALIDITY OF PARTICULAR PROVISIONS
<br /> 33 . If any term or provision of this Lease, or the application thereof to any person or
<br /> circumstance shall , to any extent be invalid or unenforceable, the remainder of this Lease, or the
<br /> application of such term or provision to persons or circumstances , other than those as to which it is
<br /> held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease
<br /> shall be valid and be enforced to the fullest extent permitted by law .
<br /> BROKER
<br /> 34 . Tenant warrants that it has had no dealings with any broker in connection with the
<br /> negotiations or execution of this Lease, except as may be identified by a separate commission
<br /> agreement signed by Landlord or agent, and Tenant agrees to indemnify Landlord and hold Landlord
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