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UNCW BLA 361 - COMMERCIAL LEASE AGREEMENT

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COMMERCIAL LEASE AGREEMENTTHIS LEASE AGREEMENT is made and entered into [DATE], by and between [NAME], whose address is [ADDRESS], (hereinafter referred to as "Landlord"), and [NAME], whose address is [ADDRESS], (hereinafter referred to as "Tenant"). ARTICLE I - GRANT OF LEASELandlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto and by reference made a part hereof (the "Leased Premises"), together with, as part of the parcel, all improvements located thereon.ARTICLE II - LEASE TERMSection l. Total Term of Lease. The term of this Lease shall begin on the commencement date, as defined in Section 2 of this Article II, and shall terminate on [DATE]. Section 2. Commencement Date. The "Commencement Date" shall mean the date on which the Tenant shall commence to conduct business on the Leased Premised, so long as such date is not in excess of sixty (60) days subsequent to execution hereof. ARTICLE III - EXTENSIONS The parties hereto may elect to extend this Agreement upon such terms and conditions as may beagreed upon in writing and signed by the parties at the time of any such extension.ARTICLE IV - DETERMINATION OF RENTThe Tenant agrees to pay the Landlord and the Landlord agrees to accept, during the term hereof,at such place as the Landlord shall from time to time direct by notice to the Tenant, rent at the following rates and times: Section 1. Annual Rent. Annual rent for the term of the Lease shall be [AMOUNT] Dollars ($[#]), plus applicable sales tax. Section 2. Payment of Yearly Rent. The annual rent shall be payable in advance in equal monthly installments of one-twelfth (1/12th) of the total yearly rent, which shall be [AMOUNT] Dollars ($[#]), on the first day of each and every calendar month during the term hereof, and prorata for the fractional portion of any month, except that on the first day of the calendar month immediately following the Commencement Date, the Tenant shall also pay to the Landlord rent at the said rate for any portion of the preceding calendar month included in the term of this Lease.Reference to yearly rent hereunder shall not be implied or construed to the effect that this Lease or the obligation to pay rent hereunder is from year to year, or for any term shorter than the existing Lease term, plus any extensions as may be agreed upon. A late fee in the amount of [AMOUNT] Dollars ($[#]) shall be assessed if payment is not postmarked or received by Landlord on or before the tenth day of each month. ARTICLE V - SECURITY DEPOSITThe Tenant has deposited with the Landlord the sum of [AMOUNT] Dollars ($[#]) as security for the full and faithful performance by the Tenant of all the terms of this lease required to be performed by the Tenant. Such sum shall be returned to the Tenant after the expiration of this lease, provided the Tenant has fully and faithfully carried out all of its terms. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have theright to transfer the security to the purchaser to be held under the terms of this lease, and the Landlord shall be released from all liability for the return of such security to the Tenant. ARTICLE VI - TAXESSection l. Personal Property Taxes. The Tenant shall be liable for all taxes levied against any leasehold interest of the Tenant or personal property and trade fixtures owned or placed by the Tenant in the Leased Premises. Section 2. Real Estate Taxes. During the continuance of this lease Landlord shall deliver to Tenant a copy of any real estate taxes and assessments against the Leased Property. From and after the Commencement Date, the Tenant shall pay to Landlord not later than twenty-one (21) days after the day on which the same may become initially due, all real estate taxes and assessments applicable to the Leased Premises, together with any interest and penalties lawfully imposed thereon as a result of Tenant's late payment thereof, which shall be levied upon the Leased Premises during the term of this Lease. Section 3. Contest of Taxes. The Tenant, at its own cost and expense, may, if it shall in good faith so desire, contest by appropriate proceedings the amount of any personal or real property tax. The Tenant may, if it shall so desire, endeavor at any time or times, by appropriate proceedings, to obtain a reduction in the assessed valuation of the Leased Premises for tax purposes. In any such event, if the Landlord agrees, at the request of the Tenant, to join with the Tenant at Tenant's expense in said proceedings and the Landlord agrees to sign and deliver such papers and instruments as may be necessary to prosecute such proceedings, the Tenant shall havethe right to contest the amount of any such tax and the Tenant shall have the right to withhold payment of any such tax, if the statute under which the Tenant is contesting such tax so permits. Section 4. Payment of Ordinary Assessments. The Tenant shall pay all assessments, ordinary and extraordinary, attributable to or against the Leased Premises not later than twenty-one (21)days after the day on which the same became initially due. The Tenant may take the benefit of any lawallowing assessments to be paid in installments and in such event the Tenant shall only be liable for such installments of assessments due during the term hereof. Section 5. Changes in Method of Taxation. Landlord and Tenant further agree that if at any timeduring the term of this Lease, the present method of taxation or assessment of real estate shall be changed so that the whole or any part of the real estate taxes, assessment or governmental impositions now levied, assessed or imposed on the Leased Premises shall, in lieu thereof, be assessed, levied, or imposed wholly or in part, as a capital levy or otherwise upon the rents reserved herein or any part thereof, or as a tax, corporation franchise tax, assessment, levy or charge, or any part thereof, measured by or based, in whole or in part, upon the Leased Premises or on the rents derived therefrom and imposed upon the Landlord, then the Tenant shall pay all such taxes, assessments, levies, impositions, or charges. Nothing contained in this Lease shall require the Tenant to pay an estate, inheritance, succession, capital levy,


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UNCW BLA 361 - COMMERCIAL LEASE AGREEMENT

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