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AG 2009 03 16
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AG 2009 03 16
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Last modified
2/5/2010 11:35:16 AM
Creation date
11/27/2017 11:25:04 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/5/2010
Board
Board of Commissioners
Meeting Type
Regular
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i <br /> <br />' 3.1.5 Remittance. Remittance for all Additional Rent payable hereunder shall be <br />made to Landlord at Post Office Box 46, Kannapolis, North Carolina 28082-0046, or at such other <br />' place as may be designated by Landlord in writing from time to time. <br />3.1.6 Late Payments. In the event that Tenant shall fail to make any of the payments <br />' required in this ARTICLE 3 for a period of fifteen (15) days after the date due, the item or <br />installment so in default shall continue as an obligation of Tenant until the amount in default shall <br />have been fully paid, and Tenant agrees to pay the same with interest thereon at the rate (the <br />"Default Rate") of the prime rate of interest announced from time to time by Wachovia Bank at its <br />' corporate office in Charlotte, North Carolina as its "base rate" from the date due until paid. <br />3.2 Telephone. Internet. Other Communication Costs. Tenant shall pay prorated charges for all <br />. telephone, internet or other communication services used in, upon or from the Premises. <br />3.3 Liability Insurance. Tenant agrees to carry at its own expense throughout the term of this <br />' Lease the following insurance covering the Premises and Tenant's use thereof, in accordance with the <br />requirements set forth below: <br />3.3.1 Requirements. During the Term, Tenant shall maintain a policy of commercial <br />' general liability insurance (sometimes known as broad form comprehensive general liability <br />insurance; "claims-made" form is not allowed) insuring Tenant against liability for bodily injury, <br />property damage (including loss of use of property) and personal injury arising out of the operation, <br />' use or occupancy of the Premises. The initial amount of such insurance shall be One Million <br />Dollars ($1,000,000) per occurrence and shall be subject to periodic increases based upon inflation, <br />increased liability awards, recommendation of Landlord's professional insurance advisers and other <br />' relevant factors. The liability insurance obtained by Tenant under this Section 3.3 shall (i) be <br />primary and non-contributing; (ii) contain cross-liability endorsements; and (iii) insure Landlord <br />against Tenant's performance under Section 4.3, if the matters giving rise to the indemnity under <br />Section 4.3 result from negligence of Tenant. The amount and coverage of such insurance shall not <br />' limit Tenant's liability nor relieve Tenant of any other obligation under this Lease. Landlord shall <br />be named as an additional insured. Tenant shall provide Workers Compensation coverage for <br />employees working on the Premises in accordance with law. <br /> <br />1 <br /> <br /> <br />~~ <br /> <br /> <br />3.3.2 Evidence of Insurance. Upon delivery hereof and thereafter not less than ten (10) <br />days prior to the expiration dates of the expiring policies, certificates of insurance or binders <br />evidencing coverage for the policies provided for in this Section 3.3.3 shall be delivered to <br />Landlord. Tenant may procure and keep in force, in place of separate policies, blanket policies of <br />insurance having the same coverage and provisions as are herein required with respect to separate <br />policies. If such blanket insurance is so furnished, Tenant shall deliver to Landlord, in lieu of <br />separate certificates as hereinabove required, a certificate of insurance of such blanket policy, <br />stating the amount allocated to the Premises shall be promptly delivered by Tenant to Landlord <br />upon notice from Landlord to Tenant requesting such copies. <br />3.3.3 Failure to Obtain. If Tenant fails to obtain or maintain the above required <br />insurance or, at the option of Landlord, Landlord may acquire the insurance required by this Section <br />3.3 and Tenant, upon demand, will reimburse Landlord for such expenses. If Landlord exercises its <br />option to acquire any of the insurance, it shall prior to acquiring such insurance notify Tenant of its <br />F-6 <br />Attachment number 1 <br />Page 180 of 286 <br />
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