Orange County NC Website
35 <br /> (f) Landlord's Option to Cure. If Tenant defaults in the performance of any of its obligations under <br /> this Lease, including without limitation, its obligations under Section 9 hereof,then Landlord or any mortgagee <br /> or ground lessee of Landlord may, at its option, cure such default, and Tenant shall pay to Landlord or such <br /> mortgagee or ground lessor, as the case may be, the cost of such cure immediately upon being billed for <br /> same. <br /> (g) No Waiver. The failure of Landlord to declare Tenant to be in default at any time or to exercise <br /> any of its rights or remedies upon default any by Tenant shall not be deemed to be a waiver by Landlord of <br /> any of its rights or remedies hereunder. <br /> 15. HOLDING OVER. In the event the Tenant remains in possession of the Rented Space after the <br /> expiration of the Term without the written consent of Landlord, then the Tenant shall be a tenant at sufferance <br /> from month to month only, and the Tenant shall then be obligated to pay two hundred percent(200%)of the <br /> then current Base Rent and all other sums then payable hereunder ("Holding Over Rent"), in equal <br /> installments on the first day of each calendar month for so long as Landlord is kept out of possession of the <br /> Rented Space. Neither such payment nor the acceptance of such payment shall in any way constitute a <br /> waiver of the rights of Landlord to dispossess the Tenant and recover possession of the Rented Space and <br /> the just and former estate of the Landlord and to bring any action for damages suffered by Landlord on <br /> account of Tenant's failure to vacate the Rented Space. <br /> 16. SURRENDER OF RENTED SPACE. Upon the expiration or other termination of the Term, Tenant <br /> shall quit and surrender to Landlord the Rented Space, broom clean, in good order and condition, ordinary <br /> wear excepted, and Tenant shall remove all of its property except as otherwise provided in Section 10. <br /> 17. DAMAGE TO RENTED SPACE OR BUILDING. <br /> (a) Landlord's Insurance. Landlord shall maintain standard fire and extended coverage insurance <br /> covering the Building in an amount not less than 80% (or such greater percentage as may be necessary to <br /> comply with the provisions of any co-insurance clauses of the policy) of the "replacement cost" thereof as <br /> such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against special <br /> causes of loss(including the perils of fire and lighting), such coverages and endorsements to be as defined, <br /> provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the <br /> State of North Carolina. Subject to the provisions of Section 19 below, such insurance shall be for the sole <br /> benefit of Landlord and under its sole control. <br /> (b) Notice by Tenant. If the Rented Space is damaged or destroyed by any peril covered by the <br /> insurance to be provided by Landlord under subparagraph (a) above, Tenant shall give immediate written <br /> notice thereof to Landlord. <br /> (c) Extensive Damage. If the Rented Space is so damaged by any peril covered by the insurance to <br /> be provided by Landlord under subparagraph (a) above that rebuilding or repairs cannot in Landlord's <br /> estimation be completed within one hundred fifty(150)days after the date upon which Landlord is notified by <br /> Tenant of such damage, this Lease shall terminate, and the rent shall be abated during the unexpired portion <br /> of this Lease, effective upon the date of the occurrence of such damage. <br /> (d) Repairable Damage. If the Rented Space is damaged by any peril covered by the insurance to be <br /> provided by Landlord under subparagraph(a)above, but only to such extent that rebuilding or repairs can, in <br /> Landlord's estimation, be completed within one hundred fifty(150)days after the date upon which Landlord is <br /> notified by Tenant of such damage, this Lease shall not terminate, and Landlord shall, at its sole cost and <br /> expense, thereupon proceed with reasonable diligence to rebuild and repair the Rented Space to <br /> substantially the condition in which it existed prior to such damage, except that Landlord shall not be required <br /> to rebuild, repair or replace any part of the partitions, fixtures, additions and other improvements which may <br /> have been placed in, on or about the Rented Space by Tenant. There shall be no abatement of rent during <br /> any such period of rebuilding and repair. <br /> (e) Landlord's Options to Terminate: <br /> (1) Notwithstanding anything herein to the contrary, in the event the holder of any indebtedness <br /> secured by a mortgage or deed of trust covering the Building requires that the insurance proceeds be applied <br /> to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of <br /> termination to Tenant within fifteen(15)days after such requirement is made by any such holder,whereupon <br /> all rights and obligations hereunder thereafter accruing shall cease and terminate. <br /> (2) Notwithstanding any other provision herein, if any portion of the Rented Space is damaged or <br /> destroyed during the final Lease Year of the initial term or any extension term of this Lease, then Landlord <br /> shall have the option to terminate this Lease upon written notice to Tenant within thirty(30)days of the date of <br /> such damage. <br /> Page 10 -THE EUROPA CENTER Lease <br /> Landlord Tenant <br /> Initials Initials <br />