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 E
<br /> paid as additional rent.
<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 shall
<br /> protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney' s fees and
<br /> paralegal fees incurred or paid by the Landlord in connection with such litigation and all costs,
<br /> expenses and reasonable attorney ' s fees and paralegal fees incurred or paid by Landlord in enforcing
<br /> the covenants, conditions and agreements of this Lease Agreement whether incurred as a result of
<br /> 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 /> A Initia
<br /> 9(308 W. Franklin St. ) V A
<br /> La or Tenant
<br />
|