2020-091 County Mgr - Eno River Mill LLC artist space lease

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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 . Rh!ht 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 of this Lease . The Substitute Premises shall have a comparable square foot area and a configuration ilar to the Demised Premises . Landlord shall give Tenant at least 90 days ' written notice substantially sim of its intention to relocate Tenant to the Substitute Premises, which notice will be accompanied by a floor plan of the Substitute Premises . Tenant shall have the right to consent to the floor plan for the Substitute Premises , which consent shall not be unreasonably withheld, delayed or conditioned . Landlord agrees to construct or alter, at its own expense, the Substitute Premises as expeditiously as possible so that the Substitute Premises are in substantially the same condition that the Demised Premises were in immediately prior to the relocation . Landlord shall have the right to reuse the fixtures , improvements, and alterations used in the Demised Premises . Tenant agrees to occupy the Substitute Premises as soon as Landlord ' s work is substantially completed, and a certificate of occupancy is issued therefor . Landlord shall pay Tenant ' s reasonable costs of moving Tenant Property to the Substitute Premises . Except as provided herein , Tenant agrees that all of the obligations of this Lease , including the payment of Rent, shall continue despite Tenant ' s relocation to the Substitute Premises . Upon substantial completion of the Substitute Premises, this Lease shall apply to the Substitute Premises as if the Substitute Premises had been the space originally described in this Lease . Landlord shall use all reasonable efforts to minimize any period when the Demised Premises shall be closed to the public as a result of relocation . Tenant ' s Rent shall abate from the date the Demised Premises are closed until the date the Substitute Premises are available to be open for business . Except as provided above, Landlord shall not be liable nor responsible in any way for damages or injuries suffered by Tenant pursuant to the relocation in accordance with this article 22 , including, but not limited to , loss of goodwill, business , and profits . 22 . Brokers ' Commissions . Tenant represents and warrants that it has not had dealings with any real estate broker, finder or other person, with respect to this Lease in any manner except as set forth in section 1 (r) hereof. Landlord ' s total liability for brokerage commissions in connection with the execution of this Lease is limited to and calculated pursuant to the agreement between Landlord and Landlord ' s broker set forth in section 1 (r) hereof. Tenant shall indemnify and hold Landlord harmless from any and all damages resulting from any claims that may be asserted against Landlord by any other broker, finder or other person (including, without limitation, any substitute or replacement broker claiming to have been engaged by Tenant) , claiming to have dealt with Tenant in connection with the negotiation and/or execution of this Lease . The provisions of this paragraph shall survive the termination or expiration of this Lease . OCAC Lease Page 14