2005 - 08-23-05 Recessed Meeting

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0 ~o F~CF 572 Page 2 1. PREMISES: In consideration of the rents and covenants stipulated to be paid and performed by Tenant in this Lease, Landlord grants, demises and leases to Tenant, and Tenant rents from Landlord, the Premises. Tenant shall not use or knowingly permit any part of the Premises to be used for any unlawful purpose. Tenant shall not permit any objectionable noise or odor to escape or be emitted from the Premises, or otherwise create a nuisance or disturb any other tenant in the Building or any adjacent or nearby properties. 2. TERM: The Tern of this Lease shall be as stated on the first page. a. Confirmation o Term: Upon the request of either Tenant or Landlord, Tenant and Landlord shall both execute a certificate confirming the Commencement Date and the Expiration Date. b. Right to Early Termination: Tenant shall have the right to terminate this Lease by delivering written notice of termination to Landlord at least 90 days in advance of the date of termination in the event that the Board of Commissioners of Lee County, North Carolina does not appropriate funds on an annual basis to operate a children's dental clinic. c. OccupancAfter Expiration Date: If Tenant remains in possession of the Premises after the end of the Term, or any renewal or extension, with Landlord's consent but without a new written and executed lease, such holding over shall not be deemed to be a renewal of this Lease, and Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month only, but otherwise subject to all the covenants, conditions, and agreements of this Lease, including without limitation the payment of Base Rent. In that event, Tenant shall provide Landlord with at least 60 days notice before vacating the premises. d. Damages for Holdine Over: In the event that (i) Tenant remains in possession of the Premises after the Expiration Date or earlier termination of this Lease without the consent of Landlord, or (it) this Lease operates as a month-to-month lease as described in subsection (c) above, and Tenant fails to vacate the Premises at the end of the month-to-month period after receiving written notice of termination from Landlord, then Tenant shall be liable to Landlord for damages caused by Tenant's failure to vacate, including damages related to loss of a prospective tenant. In addition, the amount of Base Rent payable under this Lease for such holdover period shall be two times the monthly Base Rent in effect immediately before such termination. 3. BASE RENT: a. Obligation to Pay: Tenant's obligation to pay Base Rent shall commence on the Commencement Date. b. Partial Month: In the event the Commencement Date is a date other than the first day of a month, then, in addition to the amounts set forth on the first page of this Lease, the Base Rent due for the first Lease Year shall include, as Base Rent for the calendar month in which the Commencement Date occurs, an amount equal to a fill monthly amount prorated to reflect the number of days in such month after and including the Commencement Date, and shall be due and payable on the Conunencemcnt Date. c. Installments Nonpayment: Base Rent shall be payable in 12 equal monthly installments, and shall be payable in advance on the first day of each month or part thereof during the Term, commencing with the Commencement Date. All sums payable by Tenant under this Lease shall be paid to Landlord in legal tender of the United States, without setoff, deduction, counter-claim. other reduction, or demand at the Landlord address in Section 22, or to such other party or such other address as Landlord may designate in writing. Landlord's acceptance of any payment after it shall have become due and payable shall not excuse a delay upon any subsequent occasion or constitute a waiver of any of Landlord's rights hereunder. If any sum payable by Tenant under