Orange County NC Website
DocuSign Envelope ID:7B7A5575-2129-453F-BB2E-B460680AF7FE <br /> additional fees and shall,collectively with the monthly fees, be called the"Fees."The covenant of the Licensee to pay the <br /> Fees shall be independent of every other covenant of the Agreement. If Licensee does not pay the Fees by the fifth <br /> (calendar)day of a month, Licensee shall also pay to County a late charge of$15.00(fifteen dollars)as additional Fees.Such <br /> late charge shall be increased by$5.00(five dollars)for each subsequent 5-day period (calendar days)that the Fees are not <br /> paid. <br /> 6. DEPOSIT. Prior to the Commencement Date, Licensee shall deliver to County the sum set forth in paragraph 1(i),which <br /> County shall retain as security for the performance by Licensee of each of its obligations hereunder. If Licensee fails at any <br /> time to perform its obligations, County may at its option apply the Deposit,or so much thereof as is required,to cure <br /> Licensee's default, but if prior to the termination of this Agreement,County depletes the Deposit in whole or in part, <br /> Licensee shall immediately restore the amount so used by County.County may commingle this Deposit with its other funds <br /> and any interest thereon is the sole property of the County. If Licensee is not in default hereunder, County shall within 30 <br /> days of the termination or expiration of this Agreement refund to Licensee so much of the Deposit as it continues to hold. <br /> 7. SERVICES BY COUNTY AND UTILITIES.County shall cause to be furnished to the Premises, during reasonable business <br /> hours, Monday through Friday, 8:00 AM—6:00 PM (excluding national or state holidays),the following services: reasonable <br /> electricity;wireless internet access, building standard fluorescent lighting; heating at seasonably reasonable temperatures; <br /> supplying the rest rooms; plus nonhazardous trash removal,janitorial service, and furnishing hot and cold water to the <br /> building Common Areas. County has the right, but not the obligation,to inspect the Premises and all electrical devices <br /> therein from time to time to assure that such devices are not overloading the electrical system at the Studios or otherwise <br /> creating an electrical hazard. Licensee acknowledges that due to the imperfect nature of electronic communications, <br /> electronics and utilities,and County shall not be responsible for damages, direct or consequential,which may result for the <br /> failure of County to furnish any of the aforesaid services.County will, however, act in good faith and in a commercially <br /> reasonable manner in working to remedy any flaws in the facilities or equipment, or delays in providing access to the <br /> facilities or equipment to Licensee. <br /> 8. LICENSEE'S ACCEPTANCE AND MAINTENANCE OF PREMISES. Upon the commencement of the use of the Premises by <br /> Licensee, Licensee represents to County that it has examined and inspected the Premises and finds such to be as <br /> represented by County and satisfactory for Licensee's intended use,which examination and findings constitute Licensee's <br /> acceptance"AS IS,WHERE IS,SUBJECT TO ALL FAULTS."County makes no representation or warranty as to the condition of <br /> the Premises. Licensee shall maintain the Premises during the Term in a good, neat,clean and attractive condition at all <br /> times and shall leave the Premises at the end of the Term in good repair and condition. Licensee shall take no actions that <br /> will damage or otherwise devalue the Premises or the Studios. If Licensee does not perform its maintenance obligations in a <br /> timely manner and diligently and continuously pursue completion,County shall have the right, but not the obligation,to <br /> perform such maintenance, and any amounts so expended by County shall be paid by Licensee to County promptly after <br /> demand. Licensee acknowledges that Licensee is using the Premises and Studios at Licensee's own free will and decision, <br /> and that County does not have any liability with respect to Licensee's access, participation in, use of the facilities, or any <br /> loss resulting from such participation or use. <br /> 9. NO ASSIGNMENTS OR LEASES. Licensee has no interest in the Studios or the Premises and may not assign,transfer, <br /> mortgage,or encumber this Agreement in any way, and may not sublease any part or all of the Premises. In no event shall <br /> this Agreement be assignable by operation of law,and Licensee's rights hereunder may not become, and shall not be listed <br /> by Licensee as an asset under any bankruptcy, insolvency or reorganization proceedings. Licensee is not, may not become, <br /> and shall never represent itself to be an agent of County, and Licensee expressly recognizes that County's leasehold is <br /> paramount. By executing this Agreement Licensee expressly states Licensee has no property interest in or to the Studios or <br /> the Premises. <br /> 10. LICENSEE'S OBLIGATIONS. Licensee shall comply with all applicable laws, ordinances,and regulations affecting the manner <br /> in which Licensee uses the Premises, now existing or hereafter adopted, including general rules and regulations for <br /> Licensees(a copy of the present rules being attached as Exhibit B), as may be developed from time to time by County and <br /> delivered to Licensee or posted at the Studios. Licensee shall further comply with the environmental obligations set out on <br /> Exhibit C attached hereto. <br /> Licensee at its sole cost and expense shall keep or cause to be kept for the mutual benefit of County and Licensee a <br /> commercial general liability insurance policy naming County as additional insured against any and all claims for bodily injury <br /> and property damage occurring in or about the Premises and Studios or arising out the Licensee's(or Licensee's authorized <br /> representatives, invitees,agents, or anyone else for whom Licensee is responsible) use of or activities on or in connection <br /> with the Premises or Studios. <br />