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EXHIBIT D
<br /> FOOD LION COVENANTS
<br /> Attached to and Made Part of
<br /> Lease Dated br ",ar 25; 2019 by and between
<br /> CHURTON GROVE CENTER, LLC Landlord
<br /> And
<br /> Orange County, Tenant
<br /> Churton Grove Center
<br /> Hillsborough, North Carolina
<br /> ARTICLE 5
<br /> USE AND RESTRICTIONS
<br /> A. Use .
<br /> The Demised Premises may be used for a supermarket or any other lawful commercial use .
<br /> Notwithstanding any provision in this Article 5 or any other provision of this Lease, it is
<br /> understood and agreed by Landlord and Tenant that Tenant is not required to conduct
<br /> business continuously on the Demised Premises and Tenant may, at any time during the
<br /> Lease Term, cease business operations at, and/or remove any and all of Tenant' s fixtures ,
<br /> equipment, leasehold improvements and/or other property from, the Demised Premises
<br /> without the consent of Landlord .
<br /> Be Comnliance With Laws .
<br /> Landlord agrees that, upon the Rent Commencement Date and throughout the Lease Term,
<br /> both the construction and use of the Demised Premises , the Shopping Center and the
<br /> Common Area shall comply in all material respects with all laws , rules , ordinances ,
<br /> regulations and similar requirements relative to such property, including, without limitation,
<br /> all zoning and building codes . Landlord agrees that if (i) any authorized public authority
<br /> notifies Tenant that the Demised Premises or the Shopping Center does not comply with any
<br /> law, rule, ordinance or regulation of any public authority having jurisdiction and such
<br /> authority requests compliance, and (ii) such failure to comply shall, as determined by Tenant
<br /> in its sole and absolute discretion, in any way (a) affect the use of the Demised Premises by
<br /> Tenant, (b) affect any other rights of Tenant under this Lease, or (c) impose any obligation
<br /> upon Tenant, Landlord shall , upon receipt of notice from Tenant of such complaint,
<br /> immediately perform all required repairs , alterations or other work . If Landlord shall not
<br /> immediately commence to perform and diligently pursue all required repairs , alterations or
<br /> other work and prosecute such work until completion, Tenant shall have the right, but not
<br /> the obligation, to (1) terminate this Lease upon providing Landlord written notice of such
<br /> termination or (ii) perform all required repairs , alterations or other work and any amount
<br /> paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or
<br /> incurred for the account of Landlord and Tenant may offset such amounts paid by Tenant for
<br /> completion of such work against Base Rent otherwise due, pursuant to Article 15 . 17 . hereof.
<br /> If Tenant is deprived of the use or enjoyment of all or any part of the Demised Premises or
<br /> the Common Area, all rent otherwise payable shall abate on an annual per diem basis in
<br /> proportion to such deprivation as determined by Tenant . During the Lease Term, Tenant
<br /> shall comply in all material respects with all laws , rules , ordinances and regulations of
<br /> lawful authorities having jurisdiction over the Demised Premises relative to the use of the
<br /> Demised Premises .
<br /> C . Shopping Center to Contain Retail, Service and Similar Stores Only.
<br /> Without the prior written consent of Tenant, which consent may be withheld in Tenant's sole
<br /> discretion, or as otherwise provided in this Lease, none of the following shall be permitted to
<br /> operate within the boundaries of the Shopping Center or any out-parcels thereto in a location
<br /> nearer than five hundred (500) feet to the entrance of the Demised Premises : (1) restaurant=
<br /> except as Provided herein , (ii) theater of any kind, (iii) child care center, (iv) skating rink,
<br /> (v) bowling alley, (vi) billiard or bingo parlor, (vii) flea market, (viii) massage parlor, (ix)
<br /> funeral home, (x) off-track betting parlor, (xi) carnival , amusement park or circus , (xii)
<br /> shows or sales by merchants utilizing vehicles or booths in the Common Area, (xiii) facility
<br /> for the sale and/or lease of new or used motor vehicles , trailers or mobile homes , (xiv)
<br /> banquet hall , auditorium or other place of public assembly, (xv) training or educational
<br /> facility (including, without limitation, a beauty school , barber college, school or other
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