Orange County NC Website
<br />or private entities) for, with respect to, or as a direct or indirect result of, the presence on or under or the escape, seepage, leakage, <br />spillage, discharge, emission or release from the Premises of'any Hazardous Materials caused by Tenant or Tenant's agents, <br />employees, invitees or successors in interest. This indemnity shall also apply to any release of Hazardous Materials caused by a fire or <br />other casualty to the premises if such Hazardous Materials were stored on the Premises by Tenant, its agents, employees, invitees or <br />successors in interest. <br />(d) If Tenant fails to comply with the Covenants to be performed hereunder with respect to Hazardous materials, or if an <br />environmental protection lien is filed against the premises as a result of the actions of Tenant, its agents, employees or invitees, then <br />the occurrence of any such events shall be considered a default hereunder. <br />(e) Tenant will give Landlord prompt notice of any release ofHazardous Materials, reportable or non-reportable, to federal, <br />state or local authorities, of any fire, or any damage occurring on or to the Premises. <br />(f) Tenant will use and occupy the Premises and conduct its business in such a manner that the Premises are neat, clean and <br />orderly at all times with all chemicals or Hazardous Materials marked for easy identification and stored according to all codes as <br />outlined above. <br />(g) The warranties and indemnities contained in this Paragraph shall survive the termination of this Lease <br />TIME OF ESSENCE <br />31. Time is of the essence in this Lease. <br />ABANDONMENT <br />32. Tenant shall not abandon [he Premises at any time during the Lease term, If Tenant shall abandon the premises or be dispossessed <br />by process of law, any Personal Property belonging to Tenant and left on the Premises shall, at the option of Landlord, be deemed <br />abandoned, and available to Landlord to use or sell to offset any rent due or any expenses incurred by removing same and restoring <br />the Premises. <br />DEFINITIONS <br />33. 'Landlord" as used in this Lease shalt include the undersigned, its heirs, representatives, assigns and successors in title to the <br />Premises. "Agent" as used in this Lease shall mean the party designated as same in Paragraph .34, its heirs, representatives, assigns and <br />successors. "Tenant" shall include the undersigned and its heirs, representatives, assigns and successors, and if this Lease shall be <br />validly assigned or sublet, shat( include also Tenant's assignees or sublessees as to the Premises covered by such assignment or <br />sublease. "Landlord", "Tenant", and "Agent" include male and female, singular and plural, corporation, partnership or individual, as <br />may fit the particular paties <br />NOTICES <br />34. All notices required or permitted under this Lease shall be in writing and shall be personally delivered or sent by U.S. certified <br />mail, return receipt requested, postage prepaid. Notices tv Tenant shall be delivered or sent to the address shown at the beginning of <br />this Lease, except that upon Tenant taking possession of the Premises, then the Premises shall 6e Tenant's address for such purposes. <br />Notices to Landlord shall be delivered or sent to the address shown at the beginning of this Lease and notices to Agent, if any, shall be <br />delivered or sent to the address set fbrth in Paragraph 3 hereof <br />All notices shall be ejjective upon delivery. Any parry may chmrge its notice address upon curl/Ten notice ro the atGer parries, gfi~en <br />as provided herein. <br />ENTIRE AGREEMENT <br />35. This Lease contains the entire agreement of the parties hereto, and no representations, inducements, promises or <br />agreements, oral or otherwise, between the parties, not embodied herein shall be of any force or effect. This Lease may not be <br />modified except by a writing signed by all the parties hereto <br />AUTHORIZED LEASE EXECUTION <br />3G. Each individual executing this Lease as director, officer, partner, member or agent of a corporation, limited liability company, or <br />partnership represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of such corporation, hmtted <br />liability company, or partnership- <br />Page 7 of 8 <br />STANDARD FORM 590-7 <br />O 7/2002 <br />Tenant Initials Landlord Initials <br />This lam prodwud by FO1'it)W0'COf rartns SO~AVare eoas3aio27 <br />