|
<br />QUIET ENJOYMENT
<br />25. So long as Tenant observes and performs the covenants and agreements contained herein, it shall at all times during fire Lease
<br />term peacefully and quietly have and enjoy possession of the Premises, but always subject to the terms hereof Provided, however, that
<br />in the event Landlord shall sell or otherwise transfer its interest in the Premises, Tenant agrees to attorn to any new owner or interest
<br />holder and shall, if requested by Landlord, execute a separate agreement reflecting such attornment, provided that said agreement
<br />requires the new owner or interest holder to recognize its obligations and Tenant's rights hereunder.
<br />HOLDING OVER
<br />26 If Tenant remains in possession of the Premises after expiration of the term hereof, with L~endlord's acquiescence and without
<br />any express agreement of the parties, Tenant shalt be a tenant at will at the rental rate which is in effect at end of this Lease and there
<br />shall be no renewal of this Lease by operation of law tf Tenant remains in possessian of the Premises after expiration of the term
<br />hereof without Landlord's acquiescence, Tenant shall be a tenant at sufferance and commencing on the date following the date of such
<br />expiration, the monthly rental payable under Paragraph 3 above shalt for each month, or fraction thereof during which Tenant so
<br />remains in possession of the premises, be twice the monthly rental otherwise payable under Paragraph 1 above,
<br />ATTORNEY'S FEES
<br />27. in the event that any action or proceeding is brought to enforce any term, covenant or condition of this Lease on the part of
<br />Landlord or Tenant, the prevailing party in such litigation shall be entitled to recover reasonable attorney's fees and costs.
<br />RIGHTS CUMULATIVE
<br />28. AtI rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative and not restrictive of those given
<br />by law.
<br />WAIVER OF RIGHTS
<br />29. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of its
<br />obligations hereunder and no custom or practice of the parties at variance with [he terms hereof shall constitute a waiver of Landlord's
<br />right to demand exact compliance with the terms hereof.
<br />ENVIRONMENTAL LAWS
<br />30 (a) Tenant shall not bring onto the Premises nny Hazardous Materials (as defined below) without the prior written approval by
<br />Landlord Any approval must be preceded by submission to Landlord of appropriate Material Safety Data Sheets (MSD Sheets). In the
<br />event of approval by Landlord, Tenant covenants that it will (1) comply with all requirements of any constituted public authority and
<br />all federal, state, and local codes, statutes, rules and regulations, and laws, whether now in force or hereafter adopted relating to
<br />Tenant's use of the Premises, or relating to the storage, use, disposal, processing, distribution, shipping or sales of any hazadous,
<br />flammable, toxic, or dangerous materials, waste or substance, the presence of which is regulated by a federal, state, or local law,
<br />ruling, rule or regulation (hereafter collectively referred to as "Hazardous Materials"); (2) comply with any reasonable
<br />recommendations by the insurance carrier of either Landlord or Tenant relating to the use by Tenant on the Premises of such
<br />Hazardous Materials; (3) refrain from unlawfully disposing of or allowing the disposal of any Hazardous Materials upon, within,
<br />about or under the Premises; and (4) remove all Hazardous Materials from the Premises, either after their use by Tenant or upon the
<br />expiration or earlier termination of this lease, in compliance with all applicable laws.
<br />(b) Tenant shalt be responsible for obtaining all necessary permits in connection with its use, storage and disposal of Hazardous
<br />Materials, and shalt develop and maintain, and where necessary file with the appropriate authorities, all reports, receipts, manifests,
<br />filings, lists and invoices covering those Fazardous Materials and Tenant shall provtde L andlord with copies of al! such items upon
<br />request.. Tenant shall provide wrihm five (5) days after receipt thereof, copies of all notices, orders, claims or other correspondence
<br />from any federal, state or local government or agency alleging any violation of any environmental law or regulation by Tenant, or
<br />related in any manner to Hazardous Materials. In addition, Tenant shall provide Landlord with copies of all responses to such
<br />correspondence at the time of the response.
<br />(e) To the extent permitted by North Carolina law and the insurance policies owned by/covering the Tenant,
<br />{cj Tenant hereby indemnifies and holds harmless Landlord, its successors and assigns from and against any and all losses,
<br />liabilities, damages, injuries, penalties, fines, costs, expenses and claims of any and every kind whauoever (including attorney's fees
<br />and costs, expenses or claims asserted or azising under the Comprehensive Environmental Response, Compensation and Liability Act
<br />of 1980, as amended, from time to time, and regulations promulgated thereunder, any so-called state or local "Superfund" or
<br />"Superlien" law, or any other federal, state or local statute, law or ordinance, code, rule, regulation, order or decree regulating, relating
<br />to, or imposing liability or standards of conduct concerning any Hazardous Materials) paid, incurred or suffered by, or asserted
<br />against, Landlord as a result of any claim, demand or judicial or administrative action by any person or entity (including governmental
<br />Page 6 of 8
<br />STANDARD FORM 590-T
<br />p 7/2002
<br />Tenant Initials Landlord Initials
<br />This lam puiuced by FOf7JlIl/Bt07°rana Shcwao 000-3761027
<br />
|