2020-092 County Mgr - Eno River Mill office space lease

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of its obligations hereunder . If Tenant fails at any time to perform its obligations , Landlord may at its option apply said deposit, or so much thereof as is required, to cure Tenant ' s default, but if prior to the id deposit in whole or in part, Tenant shall immediately termination of this Lease, Landlord depletes sa restore the amount so used by Landlord . This deposit shall not bear interest for the benefit of Tenant and unless Landlord uses the same to cure a default of Tenant, or to restore the Demised Premises to the condition that Tenant is required to leave them at the conclusion of the Term . If Tenant shall not be in default hereunder, Landlord shall within 30 days of the termination or expiration of this Lease refund to Tenant so much of the deposit as it continues to hold . 19 . Notices . Any notice which Landlord or Tenant is required or desires to give to the other shall be deemed sufficiently given or rendered if in writing, either personally via hand delivery or sent by United States Postal System certified mail , postage or fees prepaid ; or sent by recognized overnight courier ( such as Fed Ex or UPS ) for next business day delivery to the notice addresses set forth in article 1 or to such other notice address as such party shall render to the other at least 10 days prior . All such notices or communications shall be deemed delivered, given, and received upon actual receipt (by personal delivery) or when the return receipt or receipt therefor is signed, or refusal to accept the mailing by the addressee as noted thereon by the postal authority or recognized overnight courier, not in any event to exceed 3 business days from the date when the notice was deposited for delivery regardless of the refusal to accept ility to deliver due to the recipient having failed to keep the sender in delivery or inab formed of the recipient' s current address . Any notice required to be given to a Mortgagee hereunder shall only be required to be given by Tenant to the extent that Tenant itself has received actual notice of the address of Mortgagee . Notwithstanding anything herein to the contrary, notices may be given on behalf of any party by such party ' s legal counsel, and if such notice is to be received at 2 or more addresses as set forth above, then the receipt or deemed receipt by any one addressee shall be deemed effective notice to such party for all purposes of this article . 20 . Surrender ; Holding Over. Tenant will vacate and deliver up the Demised Premises and all improvements , additions and alterations thereto (except Tenant Property installed by Tenant at its expense which are permitted to be removed by Tenant) at the expiration or sooner termination of this Lease, in a good, clean and rentable condition as the same were at the beginning of Tenant' s occupancy, excepting ordinary wear and tear . If Tenant shall hold over after the expiration or termination of this Lease , such holding over shall not be deemed to be a renewal of this Lease, but shall be deemed to create a tenancy- at- sufferance and by such holding over, Tenant shall be deemed to have agreed to be bound by all of the terms and conditions of this Lease except those as to the term hereof and except that during such tenancy- at- sufferance , Tenant shall pay to Landlord Rent at the rate equal to 150 % of that otherwise provided for in this Lease . The increased Rent during such holding over is intended to partially compensate Landlord for losses, damages and expenses, including frustrating and delaying Landlord' s ability to secure a replacement tenant . In addition, Tenant expressly agrees to hold Landlord harmless from any and all loss and damages , direct and consequential, which Landlord may suffer in defense of claims by parties against Landlord arising out of the holding over by Tenant, including, without limitation, reasonable attorneys ' fees in connection with Landlord ' s defense of such claims . Acceptance of all or any portion of Rent by Landlord subsequent to the Expiration Date or the termination of this Lease shall not constitute Landlord ' s consent to a wrongful holding over . Landlord shall have the right to apply all payments received after the Expiration Date toward payment for use and occupancy of the Demised Premises subsequent to the Expiration Date and toward any other sums owed by Tenant to Landlord . Landlord, at its option, may forthwith re- enter and take possession of the Demised Premises without process or by any legal process or force . 21 . Right to Relocate. Landlord, at its option , may substitute for the Demised Premises other space (hereafter called "Substitute Premises") within the Building at any time during the term or any extension OCAC Lease Page 13