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above, then the receipt or deemed receipt by any one addressee shall be deemed effective notice to such <br /> party for all purposes of this article . <br /> 2 L Surrender ; Holding Over. Tenant will vacate and deliver up the Demised Premises and all <br /> improvements , additions and alterations thereto (except Tenant Property installed by Tenant at its expense <br /> which are permitted to be removed by Tenant) at the expiration or sooner termination of this Lease, in a <br /> good, clean and rentable condition as the same were at the beginning of Tenant' s occupancy, excepting <br /> ordinary wear and tear . <br /> If Tenant shall hold over after the expiration or termination of this Lease, such holding over shall <br /> not be deemed to be a renewal of this Lease, but shall be deemed to create a tenancy- at- sufferance and by <br /> such holding over, Tenant shall be deemed to have agreed to be bound by all of the terms and conditions <br /> of this Lease except those as to the term hereof and except that during such tenancy- at- sufferance, Tenant <br /> shall pay to Landlord Rent at the rate equal to 150% of that otherwise provided for in this Lease . The <br /> increased Rent during such holding over is intended to partially compensate Landlord for losses, damages <br /> and expenses , including frustrating and delaying Landlord' s ability to secure a replacement tenant . In <br /> n lord harmless from an and all loss and damages , direct <br /> addition, Tenant expressly agrees to hold Lad y g <br /> and consequential , which Landlord may suffer in defense of claims by parties against Landlord arising out I <br /> of the holding over by Tenant, including, without limitation, reasonable attorneys ' fees in connection with- <br /> Landlord ' s defense of such claims . Acceptance of all or any portion of Rent by Landlord subsequent to <br /> the Expiration Date or the termination of this Lease shall not constitute Landlord ' s consent to a wrongful <br /> holding over . Landlord shall have the right to apply all payments received after the Expiration Date <br /> toward payment for use and occupancy of the Demised Premises subsequent to the Expiration Date and <br /> toward any other sums owed by Tenant to Landlord . Landlord, at its option, may forthwith re- enter and <br /> take possession of the Demised Premises without process or by any legal process or force . <br /> 22 . Brokers ' Commissions . Tenant represents and warrants that it has not had dealings with any real <br /> estate broker, finder or other person, with respect to this Lease in any manner except as set forth in <br /> section l (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 l (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 /> I <br /> 23 . Indemnification . To the extent authorized by North Carolina law Tenant shall indemnify and hold <br /> harmless Landlord, its partners, members , managers , stockholders , officers , directors , employees , and <br /> agents thereof, and their respective successors and assigns , from and against any and all liabilities , E <br /> judgments , demands, causes of action, claims , losses , damages , costs and expenses , including reasonable 1 <br /> arising out of the use, occupancy, conduct, operation, or management of the <br /> attorneys ' fees and costs , <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 4 <br /> 1% <br /> Page 14 <br /> OCAC Lease <br /> i <br />