Orange County NC Website
14 <br /> shall promptly at its own expense cause the damage to be repaired to the extent required by its original <br /> obligations to build, and the minimum rent meanwhile shall be abated proportionately as to the portion <br /> of the Demised Premises rendered untenantable. If the Demised Premises shall be rendered wholly <br /> untenantable by reason of such occurrence, the Tenant shall promptly at its own expense cause such <br /> damage to be repaired to the extent provided, however, that there shall be no extension of the term of <br /> this Lease Agreement by reason of such abatement; and provided further, however, that if after the <br /> beginning of the last two (2) years of the term of this Lease Agreement, the Demised Premises shall be <br /> destroyed or damaged to the extent of fifty percent (50%) or more of their replacement value above <br /> foundation walls or rendered wholly untenantable, Landlord may terminate this Lease Agreement by <br /> notice to Tenant, said notice to be given within thirty (30) days of the event rendering the Demised <br /> Premises damaged or wholly untenantable, provided that such termination shall not affect any rights <br /> theretofore accrued to Landlord hereunder because of prior defaults of Tenant. Except as herein <br /> provided,there shall be no obligation to repair or rebuild in case of fire or other casualty. <br /> (b) Tenant will maintain, at its expense, All Risk and Loss of Rents insurance on the Tenant's <br /> inventory, trade fixtures, furniture, furnishing, special equipment, floor and wall coverings, plate glass <br /> windows and doors, and all other items of personal property of Tenant located on or within the <br /> Demised Premises and improvements and betterments made by Tenant to the Demised Premises, such <br /> coverage to be in an amount equal to the replacement cost thereof. <br /> (c) Tenant shall not occupy Demised Premises until aforementioned All Risk and Loss of Rents <br /> Insurance policy is in full effect. Tenant to provide to Landlord a copy of the paid insurance policy as <br /> soon as it is received by Tenant. <br /> If Landlord is required to repair the Demised Premises as herein provided, Tenant shall repair or <br /> replace its inventory, trade fixtures, furniture, furnishings, floor and wall coverings, plate glass <br /> windows and doors, special equipment and other items of construction and personal property of Tenant <br /> necessary for the operation of business in accordance with the terms and conditions of this Lease <br /> Agreement. <br /> (d) Tenant agrees that it will not keep, use, sell or offer for sale in or upon the Demised Premises <br /> any article which may be prohibited by the All Risk form of fire insurance policy. Tenant agrees to pay <br /> any increase in premiums for All Risk Fire and Loss of Rents and liability insurance with all its <br /> endorsements that may be charged during the term of this lease on the amount of such insurance which <br /> may be carried by Landlord on said Demised Premises or the building of which they are a part, <br /> resulting from the type of business conducted by Tenant in the Demised Premises, whether or not <br /> Landlord has consented to the same, and increases in insurance rates and/or valuation. In determining <br /> whether increased premiums are the result of Tenant's use of the Demised Premises, a schedule, issued <br /> by the organization making the insurance rate on the Demised Premises, showing the various <br /> components of such rate, shall be conclusive evidence of the several items and charges which make up <br /> the fire insurance rate on the Demised Premises. <br /> In the event Tenant's occupancy causes any increase in premium for the fire and/or casualty rates on <br /> the leased Demised Premises, or any part thereof above the rate for the least hazardous type of <br /> occupancy legally permitted in the leased Demised Premises, the Tenant shall pay the additional <br /> premium on the fire and/or casualty and liability insurance policies by reason thereof. The Tenant shall <br /> also pay in such event, any additional premium on the rent loss through fire. Bills for such additional <br /> premiums shall be rendered by Landlord to Tenant at such times as Landlord may elect, and shall be <br /> due from, and payable by Tenant when rendered, and the amount thereof shall be deemed to be, and be <br /> paid as additional rent. <br /> Initials <br /> 11 <br /> (308 W.Franklin St.) Landlord Tenant <br />