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<br /> paid by Landlord based on the number of days of any period for which a commission was paid that remain
<br /> after the date of Tenant's default. Any rent unpaid when due, including additional rent not paid upon demand,
<br /> shall bear interest from the date due at the rate of twelve percent (12.00%) per annum.
<br /> (c) Treatment of Tenant's Property. Any and all property which may be removed from the Rented
<br /> Space by the Landlord pursuant to the authority of the Lease or law,to which the Tenant is or may be entitled,
<br /> may be handled, removed or stored by the Landlord at the risk, cost and expense of the Tenant, and except
<br /> strictly as required by law the Landlord shall in no event be responsible for the value, preservation or
<br /> safekeeping thereof. The Tenant shall pay to the Landlord, upon demand, any and all expenses incurred in
<br /> such removal and all storage charges for such property so long as the property shall be in the Landlord's
<br /> possession or under the Landlord's control. Any such property of the Tenant not retaken from storage by the
<br /> Tenant within thirty(30) days after the end of the term, however terminated, may be disposed of by Landlord
<br /> in any manner whatsoever, including without limitation, the sale, scrapping or destruction of the property
<br /> without any further obligation to the Tenant, and Tenant shall pay to Landlord promptly on demand the
<br /> reasonable expenses of such disposal.
<br /> (d) Landlord's Lien on Tenant's Property. Tenant hereby grants to Landlord alien for the payment of
<br /> rent, additional rent and all other monies to be paid by Tenant to Landlord under this Lease, upon all of the
<br /> goods, wares, chattels, fixtures, furniture, equipment and other property of Tenant which may be in or upon
<br /> the Rented Space or the Property. Such lien may be enforced in any lawful manner by the Landlord.
<br /> Notwithstanding the foregoing, Landlord acknowledges that Tenant may seek financing from a third-party,
<br /> institutional lender which may require a first priority lien on such goods, wares, chattels, fixtures, furniture,
<br /> equipment and other property, and in such circumstance, Landlord agrees to enter into and provide a
<br /> commercially reasonable subordination agreement subordinating Landlord's lien rights in and to such goods,
<br /> wares, chattels, fixtures, furniture, equipment and other property to the lien rights of such lender.
<br /> (e)Landlord's Option to Cure. If Tenant defaults in the performance of any of its obligations under this
<br /> Lease, including without limitation, its obligations under Section 9 hereof,then Landlord or any mortgagee or
<br /> ground lessee of Landlord may, at its option, cure such default, and Tenant shall pay to Landlord or such
<br /> mortgagee or ground lessor, as the case may be, the cost of such cure immediately upon being billed for
<br /> same.
<br /> (f) No Waiver. The failure of Landlord to declare Tenant to be in default at any time or to exercise
<br /> any of its rights or remedies upon default any by Tenant shall not be deemed to be a waiver by Landlord of
<br /> any of its rights or remedies hereunder.
<br /> (g) Incentive Agreement. Landlord shall be entitled to any rights and remedies provided for in the
<br /> Incentive Agreement for an event of default under this Lease. However, in the event of a default under the
<br /> Incentive Agreement, in the absence of an event of default under this Lease, Landlord's rights and remedies
<br /> shall be limited to those provided in the Incentive Agreement.
<br /> Notwithstanding anything to the contrary contained herein, in no event shall Tenant be liable for
<br /> consequential, punitive, or special damages.
<br /> 15. HOLDING OVER. In the event the Tenant remains in possession of the Rented Space after the
<br /> expiration of the Term without the written consent of Landlord (unless Tenant has properly exercised the
<br /> option to purchase the Leased Premises), then the Tenant shall be a tenant at sufferance from month to
<br /> month only, and the Tenant shall then be obligated to pay one hundred fifty percent (150%) of the then
<br /> current Base Rent and all other sums then payable hereunder("Holding Over Rent"), in equal installments on
<br /> the first day of each calendar month for so long as Landlord is kept out of possession of the Rented Space.
<br /> Neither such payment nor the acceptance of such payment shall in any way constitute a waiver of the rights
<br /> of Landlord to dispossess the Tenant and recover possession of the Rented Space and the just and former
<br /> estate of the Landlord and to bring any action for damages suffered by Landlord on account of Tenant's
<br /> failure to vacate the Rented Space.
<br /> 16. SURRENDER OF RENTED SPACE. Upon the expiration or other termination of the Term, Tenant
<br /> shall quit and surrender to Landlord the Rented Space, broom clean, in good order and condition, ordinary
<br /> wear excepted, and Tenant shall remove all of its property except as otherwise provided in Section 10.
<br /> 17. DAMAGE TO RENTED SPACE OR BUILDING.
<br /> (a) Tenant's Insurance. Tenant shall maintain standard fire and extended coverage insurance
<br /> covering the Building in an amount not less than 80% (or such greater percentage as may be necessary to
<br /> comply with the provisions of any co-insurance clauses of the policy) of the "replacement cost" thereof as
<br /> such term is defined in the Replacement Cost Endorsement to be attached thereto, insuring against special
<br /> causes of loss (including the perils of fire and lighting), such coverages and endorsements to be as defined,
<br /> provided and limited in the standard bureau forms prescribed by the insurance regulatory authority for the
<br /> State of North Carolina. Subject to the provisions of Section 19 below, such insurance shall also be for the
<br /> benefit of Landlord.
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