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Young - NC , LLC , other tenants , occupants or servants in the Building or any other person , and whether
<br /> such damage be caused or result from any thing or circumstance above mentioned or referred to , or any
<br /> other thing or circumstance whether of a like nature or of a wholly different nature .
<br /> ( b ) Landlord ' s Release . Notwithstanding anything to the contrary contained in this Lease , Landlord
<br /> hereby releases Tenant from any and all liability for loss or damage caused by fire or any of the extended
<br /> coverage perils coverable by the insurance required to be carried by Landlord in subsection 17( a ) above ,
<br /> even if the insured peril shall be brought about by the default , negligence or other action of the Tenant , its
<br /> agents , employees , invitees or any of them .
<br /> ( c ) Tenant ' s Release . Notwithstanding anything to the contrary contained in this Lease , Tenant
<br /> hereby releases Landlord from any and all liability for loss or damage coverable by the insurance required to
<br /> be carried by Tenant in Section 18 above , even if the insured peril shall be brought about by the default ,
<br /> negligence or other action of the Landlord , its agents , employees , tenants , invitees or any of them .
<br /> 20 . EMINENT DOMAIN . If all of the Rented Space , or such part thereof as will make the same unusable
<br /> for the purposes contemplated by this Lease , be taken under the power of eminent domain (or a conveyance
<br /> in lieu thereof) , then this Lease shall terminate as of the date possession is taken by the condemner, and rent
<br /> shall be adjusted between Landlord and Tenant as of that date . If only a portion of the Rented Space is taken
<br /> and Tenant can continue use of the remainder, then the Lease will not terminate , but rent shall abate in a just
<br /> and proportionate amount to the loss of use occasioned by the taking . Tenant shall have no right or claim to
<br /> any part of any award made to or received by Landlord for any taking and no right or claim for any alleged
<br /> value of the unexpired portion of this Lease ; provided , however , that Tenant shall not be prevented from
<br /> making a claim against the condemning party ( but not against Landlord ) for any moving expenses , loss of
<br /> profits , or taking of Tenant' s personal property ( other than its leasehold estate ) to which Tenant may be
<br /> entitled . In the event of a temporary taking of ninety ( 90 ) days or less , this Lease shall not terminate , but the
<br /> term of this Lease shall be extended by the period of the taking and the rent shall abate in proportion to the
<br /> area taken for the period of such taking .
<br /> 21 . UTILITIES AND OTHER SERVICES .
<br /> ( a ) Standard Services . Landlord shall furnish :
<br /> ( 1 ) Heat and /or air conditioning to maintain the Rented Space at a reasonably comfortable
<br /> temperature from 6 : 00 a . m . until 11 ; 59 p . m . on Monday through Friday and 8 : 00 a . m . until 8 : 00 p . m . on
<br /> Saturdays and 12 : 00 p . m . on Sunday , except on New Year' s Day , Memorial Day , Independence Day , Labor
<br /> Day , Thanksgiving , and Christmas Day .
<br /> ( 2 ) During the times specified in Subsection ( a ) above , Landlord shall furnish the Rented
<br /> Space , at no cost to Tenant , with electricity and maintenance of building standard fluorescent lighting ,
<br /> composed of 2 ' x 4' fixtures . Incandescent fixtures , table lamps , all lighting other than the building standard
<br /> fluorescent lighting , dimmers and all lighting controls other than controls for the aforesaid building standard
<br /> fluorescent lighting shall be serviced and maintained by Tenant at Tenant' s expense . Landlord shall also
<br /> furnish the Rented Space , at no additional cost , with electricity for lighting other than the building standard
<br /> fluorescent lighting and for the operation of general office machines , such as electric typewriters , dictating
<br /> equipment , adding machines and calculators , and general service non - production type office copy machines .
<br /> Landlord shall have the right to enter and inspect the Rented Space and all electrical devices therein from
<br /> time to time with reasonable notice .
<br /> ( 3 ) Elevator service in the Building .
<br /> ( 4 ) Janitorial and cleaning services Monday through Friday of each week , except the holidays
<br /> listed above . Landlord 's cleaning service shall include emptying of normal office trash cans and disposing of
<br /> their contents . Tenant shall dispose of all other refuse , boxes , cans , books , abandoned furniture and all other
<br /> large , unusual or heavy items at Tenant's sole cost and expense and shall not permit the accumulation
<br /> thereof in the Rented Space or elsewhere in the Building or at the Europa Center . It is understood that
<br /> employees of Landlord are prohibited as such from receiving any packages or other articles delivered to the
<br /> Building for Tenant and that , should any such employee receive any such packages or articles , he or she in
<br /> doing so shall be the agent of Tenant and not of Landlord . Landlord shall not be liable in any way for any
<br /> damage or inconvenience caused by the cessation or interruption of such heating , air conditioning , electricity ,
<br /> elevator , or janitor or cleaning service occasioned by fire , accident , strikes , break down , necessary
<br /> maintenance , alterations , repairs , replacements , conduct of other tenants , requirements of public authority or
<br /> causes beyond Landlord ' s control .
<br /> ( b ) Extended Services . In the event that Tenant desires to utilize any of Landlord ' s services specified
<br /> in this Section beyond the hours of permitted use , Tenant shall , prior to such use , request permission from
<br /> the Landlord and obtain , in writing , signed by Landlord and Tenant , an agreement specifying the charge for
<br /> such use to be paid by Tenant to Landlord and the time of such payment . In the event that Tenant makes
<br /> any such use without such request and mutual agreement , then , and in such event , Tenant covenants and
<br /> agrees to pay to Landlord for such use an amount determined by Landlord ' s selected engineer , upon
<br /> demand .
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