Agenda - 01-21-20 8-l - Lease of 308 W. Franklin Street and Suite 101 at the Europa Center, and Approval of Budget Amendment #4-C

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20 any such event Landlord shall have the right at its option to terminate and cancel this Lease Agreement or to peaceably re-enter. If Landlord should elect to re-enter as herein provided, or should it take possession pursuant to legal proceedings, it may either terminate this Agreement make such alterations and repairs as are necessary in order to relet the Demised Premises, and relet the Demised Premises for such term and at such rents and upon such other terms and conditions as Landlord may deem advisable. In the event of such reletting, all rentals received by Landlord shall be applied, first, to the payment of any indebtedness other than rental due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including the expense of alterations and repairs; third, to the payment of rental due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in the payment of future rental due and unpaid hereunder. If such reletting shall yield rentals insufficient for any month to pay the rental due by the Tenant hereunder for that month, Tenant shall be liable to Landlord for the deficiency and same shall be paid monthly. No such re-entry or taking possession of the Demised Premises by Landlord shall be construed as an election to terminate this lease unless the written notice of such intention be given by Landlord to Tenant at the time of such re-entry; but notwithstanding any such re-entry and reletting without termination, Landlord may at any time thereafter elect to terminate this lease for such previous breach. In the event of any termination of this Lease by Landlord, whether before or after re-entry, Landlord may recover from Tenant damages incurred by reason of such breach, including the cost of recovering the Demised Premises and the difference in value between the rental which would be payable by Tenant hereunder for the remainder of the term and such reasonable rental value of the Demised Premises for the remainder of the term. (c) If Tenant shall vacate, fail to operate in or abandon the Demised Premises or any substantial part thereof, and if such unauthorized absence, failure to operate or abandonment shall continue for a period of twenty-one (21) days, then in addition to the remedies set forth in (b) above, Landlord shall have a lien on all furniture, household furnishings, trade fixtures, equipment and other personal property to which the Tenant has legal title and which remains on the Demised Premises, which lien may be enforced pursuant to N.C.G.S. §44A-2(e)by public sale, and which lien shall be for the amount of any rents which were due the Landlord at the time Tenant vacated the Demised Premises and for the time,up to sixty(60) days, from vacating the Demised Premises to the date of sale, and for any sums necessary to repair damages to the Demised Premises caused by Tenant, normal wear and tear excepted, and for reasonable costs and expenses of sale. IDENTITY OF INTEREST 30. The execution of this Lease or the performance of any act pursuant to the provisions thereof shall not be deemed or construed to have the effect of creating between Landlord and Tenant the relationship of principal or agent, or of a partnership or joint venture. INVALIDITY OF PARTICULAR PROVISIONS 31. If any term or provision of this Lease, or the application thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances, other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. BROKER 32. There is no broker involved in the negotiation or transaction of this Lease. CAPTIONS Initials 17 (308 W.Franklin St.) Landlord Tenant