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meat, produce, dairy or bakery products or any of them ; nor shall there be located on the demised
<br /> premises any theater (motion picture or legitimate) , health spa, skating rink, or other recreational or
<br /> entertainment-type business , or any establishment which sells alcoholic beverages for on-premises
<br /> consumption ; nor shall the demised premises be used, assigned or sub -leased, for any use or business
<br /> ith the primary use or business engaged in by any other tenant
<br /> which shall be in direct competition w
<br /> in this shopping center (of which the demised premises are a component part) to whom Landlord has
<br /> granted aright of exclusive use, of which Tenant has been give notice as herein provided .
<br /> (d) Tenant agrees that the demised premises shall not be used, assigned or subleased for
<br /> any use or business which would be in violation of the terms of any restrictive covenant granted to
<br /> Tenant as shown on Exhibits D , E, and F of which Tenant has been given notice as herein provided .
<br /> TERM AND OPTION
<br /> 5 . (a) The term of this Lease Agreement shall commence on the Possession Date defined in
<br /> 3 (b) above, and shall end (unless sooner terminated as hereinafter provided) at midnight August 15 ,
<br /> 2019 .
<br /> (b) Provided Tenant is not in default, Tenant shall have the option (the "Option") of
<br /> extending the term of this Lease for a period of Two (2 ) months at the same rental rate as contained
<br /> herein . In order to exercise the Option, Tenant must provide Landlord with a minimum of One ( 1 )
<br /> months ' notice in writing .
<br /> RENTAL
<br /> 6 . (a) Beginning February 15 , 2019 , Tenant covenants and agrees to pay to Landlord rental in
<br /> the amount and at the time as shown in Exhibit J . Said monthly installments to be paid in advance
<br /> on the first day of each and every calendar month . ANY PAYMENT NOT RECEIVED BY THE
<br /> 10TH OF THE MONTH WILL INCUR AN AUTOMATIC LATE FEE OF $ 100 . 00 OR SIX (6 %)
<br /> PERCENT WHICHEVER IS GREATER.
<br /> (b) Time and Place of Payment : Tenant will pay all rentals and other charges to Avison
<br /> Young — NC , LLC at 5440 Wade Park Blvd . Suite 200, Raleigh, North Carolina 27607 , or to such
<br /> other person or corporation and at such other place as shall be designated by Landlord in writing at
<br /> least ten ( 10) days prior to the next ensuing rental payment date .
<br /> SECURITY DEPOSIT
<br /> 7 . Landlord acknowledges receipt from tenant of the sum of N/A which sum Landlord shall
<br /> retain as security for the performance by tenant of each of its obligations under this lease . It is
<br /> mutually agreed that said security deposit can and will be placed in an interest bearing trust
<br /> account with interest earned accruing to Landlord . If Tenant fails , at any time, to perform its
<br /> obligations , Landlord may, at its option, apply said deposit, or so much thereof as is required, to cure
<br /> Tenant ' s default, but if at any time prior to the termination of this lease Landlord depletes the deposit,
<br /> in whole or in part, Tenant shall immediately restore the amount so used by Landlord . Unless
<br /> Landlord uses the deposit to cure a default of Tenant, or to restore the demised premises to the
<br /> condition that Tenant is required to leave them at the conclusion of the term, Landlord shall within
<br /> thirty (30) days of the termination of the Lease refund so much of the deposit as it continues to hold
<br /> to Tenant .
<br /> INTENTIONALLY OMITTED
<br /> 8 .
<br /> COMMON FACILITIES
<br /> 9 . (a) All facilities furnished in the Shopping center and designated for the general use, in
<br /> Common, of occupants of the Shopping Center, including Tenant hereunder, its officers , agents ,
<br /> employees and customers , including but not limited to parking areas , streets , sidewalks , canopies ,
<br /> roadways , loading platforms , washrooms , shelters , ramps , landscaped areas and other similar
<br /> facilities (herein called "common facilities ' ) , shall at all times be subject to the exclusive control and
<br /> management of Landlord ; and Landlord shall have the right from time to time to change the area,
<br /> level , location and arrangement of the common facilities , to restrict parking by tenants and their
<br /> employees to employee parking areas , and to make all rules and regulations and to do such things
<br /> from time to time as in Landlord ' s sole discretion may be necessary regarding such facilities .
<br /> (b) Landlord shall supervise, maintain, light, and insure the common facilities of the
<br /> Shopping Center, and shall keep all of the parking areas marked in appropriate lanes for convenient
<br /> parking and cleaned and free of rubbish, waste, refuse and/or other debris including snow and ice,
<br /> and shall make all necessary repairs and replacements in and upon the parking lots and other common
<br /> facilities so as to properly maintain and keep the same in good, serviceable and useful condition
<br /> throughout the term hereof, and Tenant shall pay to Landlord its pro rata share of the cost thereof in
<br /> the manner hereinafter set forth .
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