Orange County NC Website
Browse       Search
7 <br /> written demand. Landlord also agrees to keep in good condition and repair and perform the periodic <br /> maintenance of the outside area, Common Areas and the roof membrane, at a cost to be a part of the <br /> Operating Expenses of the Building. Landlord shall be under no obligation to inspect the interior of the <br /> Demised Premises. <br /> (b) Electricity and natural gas service to the Demised Premises is to be separately metered. <br /> Landlord may, at its sole discretion, provide separate meters to measure Tenant's usage of water and <br /> sewerage in the Demised Premises. Tenant shall be solely responsible to the utility company or <br /> government agency for the payment of all separately metered electric, water, sewerage, gas and other <br /> utility service to the Demised Premises and shall pay for the installation, repair and replacement of the <br /> separate meters as necessary (including, but not limited to tap on or access fees). Landlord reserves the <br /> right to select one or more utility companies to exclusively provide electricity, water, sewer, and gas to <br /> the Building and each of its tenants. Any utilities not separately metered shall be a part of Operating <br /> Expenses. <br /> 7. Tenant's Acceptance and Maintenance of Demised Premises. Upon acceptance of possession <br /> and commencement of Tenant's upfit of the Demised Premises by Tenant or its contractors, Tenant <br /> represents to Landlord that it has examined and inspected the Demised Premises, finds such to be as <br /> represented by Landlord and satisfactory for Tenant's intended use, which examination and findings <br /> constitute Tenant's acceptance "AS IS,WHERE IS, SUBJECT TO ALL FAULTS." Landlord makes <br /> no representation or warranty as to the condition of the Demised Premises. Tenant shall maintain during <br /> the Term and shall deliver at the end of this Lease each and every part of the Demised Premises <br /> (including, but not limited to walls, carpets, doors, plumbing, electrical, HVAC) in good repair and <br /> condition, subject to Landlord's obligations under article 7 of this Lease. Tenant shall make at its sole <br /> cost and expense replacements or restorations in quality equivalent or better than the original work, as <br /> may be required to so maintain the same,ordinary wear and tear only excepted. <br /> Notwithstanding anything herein to the contrary but subject to the provisions of Exhibit F,Tenant <br /> shall make no structural or interior alterations of the Demised Premises without Landlord's prior written <br /> consent and any work performed by Tenant shall be done in a good and workmanlike manner, and so as <br /> not to disturb, inconvenience or interfere with other tenants or occupants of the Building. Tenant shall <br /> provide Landlord with at least 15 business days' prior written notice of the commencement of any such <br /> alterations to the Demised Premises, which notice shall include a complete set of construction drawings. <br /> For any work performed by Tenant or its contractors, (i) Tenant shall not at any time permit any work to <br /> be performed on the Demised Premises except by duly licensed contractors or artisans, each of whom <br /> must carry general public liability insurance, certificates of which shall be furnished to Landlord prior to <br /> the commencement of any work; (ii) Tenant shall obtain such building or other permits as may be <br /> required by any governmental authority having jurisdiction thereof; (iii) if Tenant agrees for Landlord to <br /> perform Tenant's requested alterations,the cost thereof shall include a construction supervision fee of 5% <br /> of the cost of such construction alterations; (iv) if Tenant elects to have the alterations performed by a <br /> licensed contractor and not by Landlord, Tenant agrees to pay to Landlord a supervision fee of 5% of the <br /> cost of such construction or alterations to protect Landlord's investment in the Building; and (v) unless <br /> Landlord requires otherwise,Tenant shall not remove such alterations or improvements from the Demised <br /> Premises at the expiratidn or termination of the Lease, but if Landlord shall so require, then Tenant shall <br /> remove same at Tenant's sole cost and expense and repair any damage to the Demised Premises caused <br /> by such removal. Tenant shall keep the Demised Premises and the Property free from any liens arising <br /> out of any work performed, materials ordered or obligations incurred by or on behalf of Tenant, and <br /> Tenant hereby agrees to indemnify and hold Landlord and its agents harmless from any liability, costs or <br /> expenses(including, but not limited to,reasonable attorneys' fees)for such liens. Tenant shall cause any <br /> such lien imposed to be released of record by payment or bonding upon terms acceptable to Landlord <br /> within 10 days after a written request by Landlord therefor. If Tenant fails to cause the release or bonding <br /> OCAC Lease Page 5 <br />