2021-314 Arts Commission-Eno River Mill-Lease Termination

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NORTH CAROLINA LEASE TERMINATION AGREEMENT ORANGE COUNTY This LEASE TERMINATION AGREEMENT (",Termination ') , entered into as of the day of 21 , by Eno River Mill, LLC a North Carolina limited liability company ("Landlord") , and County of Orange, a body politic and corporate of the State of North Carolina, ("Tenant") , provides as follows : Recitals : A. Tenant and Landlord entered into that certain Lease dated February 7 , 2020 , ("Lease for certain premises ("Premises") located at the building known as the Spinning Room and Card Room of the Eno River Mill , 437 Dimmocks Mill Road, Hillsborough, NC Suite 34 (the " Property " ) ; the Premises and the Property being more particularly described in the Lease . B . Landlord and Tenant have agreed to terminate the Lease as of May 31 , 2021 ("Effective Date") pursuant to the terms and conditions set forth below. Agreement : NOW THEREFORE, in consideration of these mutual and reciprocal promises , and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Landlord and Tenant agree to terminate the Lease subject to the following terms and conditions : 1 . Termination. The Lease shall be terminated as of the Effective Date , and thereafter Tenant shall have no further rights with respect to the Premises , including without limitation any right of possession of the Premises ; (b) . Tenant agrees to relinquish possession of the Premises to Landlord on the Effective Date and no longer conduct Tenant ' s business in the Demised Premises ; (c) . Landlord and Tenant will cooperate with one another and Landlord will assist Tenant in removing from the Premises on or prior to May 31 , 2021 all of the trade fixtures , equipment and personal property of Tenant and its occupants located at the Premises . 2. Condition of Premises. Landlord acknowledges that it has inspected the condition of the Premises , and accepts them from Tenant in "AS IS " condition, subject to the removal of Tenant ' s personal property as provided in Section 1 above . 3 . Survival of Indemnity Obligations. Tenant ' s indemnity obligations under Section 10 of the Lease shall survive the termination of the Lease to the extent that such indemnity obligations apply to any claims asserted against the Landlord for which the Lease obligates Tenant to indemnify Landlord, including, but not limited to , any injury or loss arising out of Tenant ' s use of the Property . 4. Default. If either party defaults in its obligations under this Termination, the other party shall have all remedies available on account of such default at law or equity, including without limitation specific performance . In any action to enforce the rights granted under this