Orange County NC Website
15 <br /> (e) Landlord shall not be liable for any damage done or occasioned by or from the electrical <br /> system, the heating or cooling system, the plumbing and sewer systems; nor for damage occasioned by <br /> water, snow or ice being upon or coming through the roof, walls, windows, doors, or otherwise, in, <br /> upon or about the Demised Premises, and furthermore, Landlord shall not be liable for any damage <br /> occasioned by reason of the construction on the Demised Premises or for the failure to keep the <br /> Demised Premises in repair, unless Landlord is obligated to make such repairs under the terms of the <br /> Lease Agreement, and unless notice of the need for such repairs has been given to Landlord, a <br /> reasonable time has elapsed and Landlord has failed to make such repairs. In any event, Landlord shall <br /> not be liable for any damage to Tenant's inventory, trade fixtures, furniture, furnishings, floor and wall <br /> coverings,plate glass windows and doors, special equipment and all other kinds of personal property of <br /> Tenant from fire or other hazards, regardless of the cause thereof, and Tenant hereby releases Landlord <br /> from all liability for such damage. <br /> INDEMNIFICATION AND PUBLIC LIABILITY INSURANCE <br /> 17. (a) To the extent authorized by North Carolina law Tenant will indemnify Landlord and save it <br /> harmless from and against any and all claims, actions, damages, liability and expense in connection <br /> with loss of life, personal injury or damage to property occurring in or about, or arising out of, the <br /> Demised Premises and adjacent sidewalks and loading areas, or occasioned wholly or in part by any act <br /> or omission of Tenant, its agents, subtenants, licensees, concessionaires, contractors, customers or <br /> employees. In case Landlord shall be made a party to any litigation, commenced by or against Tenant, <br /> its agents, subtenants, licensees, concessionaires, contractors, customers of employees then Tenant, to <br /> the extent authorized by North Carolina law, shall protect and hold Landlord harmless and shall pay all <br /> costs, expenses and reasonable attorney's fees and paralegal fees incurred or paid by the Landlord in <br /> connection with such litigation and all costs, expenses and reasonable attorney's fees and paralegal fees <br /> incurred or paid by Landlord in enforcing the covenants, conditions and agreements of this Lease <br /> Agreement whether incurred as a result of litigation or otherwise. <br /> (b) Tenant shall, at all times during the term hereof, keep in force at its own expense and naming as <br /> insured both Landlord and Tenant public liability insurance with minimum limits of ONE MILLION <br /> DOLLARS ($1,000,000.00) per claim, and TWO MILLION DOLLARS ($2,000,000.00) aggregate <br /> claim for bodily injuries and property damage,with Landlord specifically listed as co-insured. <br /> Landlord and Tenant agree that if the Demised Premises or its contents are damaged or destroyed by <br /> fire or other insured casualty, the rights, if any, of either party against the other with respect to such <br /> damage or destruction are waived. All policies hereunder shall provide for waiver of subrogation and <br /> shall contain an endorsement providing that the insurer will not cancel or materially change the <br /> coverage of said policy or policies without first giving thirty (30) days prior written notice thereof to <br /> Landlord. <br /> Tenant shall not occupy Demised Premises until aforementioned liability insurance policy is in full <br /> effect. <br /> FIXTURES <br /> 18. All fixtures installed by Tenant in the Demised Premises shall remain the property of Tenant and shall <br /> be removable at the expiration or earlier termination of this Lease Agreement or any renewal or <br /> extension thereof, provided Tenant shall not at such time be in default under this Lease Agreement; <br /> provided further, that in the event of such removal,having repaired the damage caused by such removal <br /> Tenant shall promptly restore the Demised Premises to their original order and condition. Any such <br /> fixtures not removed at or prior to such termination shall be and become the property of Landlord. <br /> Lighting fixtures and heating, ventilating, and air conditioning equipment, whether or not installed by <br /> Tenant, shall not be removable at the expiration or earlier termination of this Lease Agreement, or at <br /> the expiration of any renewal or extension thereof, and shall become the property of Landlord. <br /> Initials <br /> 12 <br /> (308 W.Franklin St.) Landlord Tenant <br />