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of this Lease . The Substitute Premises shall have a comparable square foot area and a configuration
<br /> ilar to the Demised Premises . Landlord shall give Tenant at least 90 days ' written notice
<br /> substantially sim
<br /> of its intention to relocate Tenant to the Substitute Premises, which notice will be accompanied by a floor
<br /> plan of the Substitute Premises . Tenant shall have the right to consent to the floor plan for the Substitute
<br /> Premises, which consent shall not be unreasonably withheld, delayed or conditioned . Landlord agrees to
<br /> construct or alter, at its own expense, the Substitute Premises as expeditiously as possible so that the
<br /> Substitute Premises are in substantially the same condition that the Demised Premises were in
<br /> immediately prior to the relocation . Landlord shall have the right to reuse the fixtures , improvements , and
<br /> alterations used in the Demised Premises . Tenant agrees to occupy the Substitute Premises as soon as
<br /> Landlord ' s work is substantially completed, and a certificate of occupancy is issued therefor . Landlord
<br /> shall pay Tenant' s reasonable costs of moving Tenant Property to the Substitute Premises . Except as
<br /> provided herein, Tenant agrees that all of the obligations of this Lease, including the payment of Rent,
<br /> shall continue despite Tenant ' s relocation to the Substitute Premises . Upon substantial completion of the
<br /> Substitute Premises, this Lease shall apply to the Substitute Premises as if the Substitute Premises had
<br /> been the space originally described in this Lease . Landlord shall use all reasonable efforts to minimize
<br /> any period when the Demised Premises shall be closed to the public as a result of relocation . Tenant ' s
<br /> Rent shall abate from the date the Demised Premises are closed until the date the Substitute Premises are
<br /> available to be open for business . Except as provided above, Landlord shall not be liable nor responsible
<br /> in any way for damages or injuries suffered by Tenant pursuant to the relocation in accordance with this
<br /> article 22 , including, but not limited to, loss of goodwill , business , and profits .
<br /> 22 . Brokers ' Commissions . Tenant represents and warrants that it has not had dealings with any
<br /> real estate broker, finder or other person, with respect to this Lease in any manner except as set forth in
<br /> section 1 (r) hereof. Landlord ' s total liability for brokerage commissions in connection with the execution
<br /> of this Lease is limited to and calculated pursuant to the agreement between Landlord and Landlord ' s
<br /> broker set forth in section 1 (r) hereof. Tenant shall indemnify and hold Landlord harmless from any and
<br /> all damages resulting from any claims that may be asserted against Landlord by any other broker, finder
<br /> or other person (including, without limitation, any substitute or replacement broker claiming to have been
<br /> engaged by Tenant), claiming to have dealt with Tenant in connection with the negotiation and/or
<br /> execution of this Lease . The provisions of this paragraph shall survive the termination or expiration of
<br /> this Lease .
<br /> 23 . Indemnification . To the extent authorized by North Carolina law Tenant shall indemnify and
<br /> hold harmless Landlord, its partners , members , managers , stockholders , officers, directors, employees ,
<br /> and agents thereof, and their respective successors and assigns , from and against any and all liabilities,
<br /> judgments , demands , causes of action, claims , losses , damages , costs and expenses , including reasonable
<br /> attorneys ' fees and costs, arising out of the use, occupancy, conduct, operation, or management of the
<br /> Demised Premises by, or the willful misconduct or negligence of, Tenant, its officers , contractors ,
<br /> licensees , agents , servants , employees , guests , invitees or visitors in or about the Property . Tenant
<br /> assumes all risk of damage or loss to its property or injury or death to persons in, on or about the Demised
<br /> Premises , from all causes except those resulting from Landlord' s negligence or willful misconduct . The
<br /> provisions of this paragraph shall survive the termination or expiration of this Lease .
<br /> 24 . Landlord ' s Liability. Tenant agrees that Landlord shall not be liable for injury to Tenant ' s
<br /> business or , any loss of income therefrom or for any damage to any goods , wares , merchandise, or other
<br /> Tenant Property, Tenant ' s contractors , agents , employees , invitees , customers or any other person in or
<br /> about the Property or the Demised Premises unless such damage or loss is caused during the term of this
<br /> Lease by the gross negligence or willful misconduct of Landlord (and not other tenants) , and Landlord
<br /> shall not be liable for injury to the person of Tenant or to Tenant ' s contractors , agents , employees,
<br /> invitees or customers whether such damage or injury is caused by or results from fire, steam , electricity,
<br /> gas , water or rain, or from the breakage, leakage , obstruction or other defects of pipes, sprinklers , wires ,
<br /> OCAC Lease Page 14
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