Common use of Improvements, Repairs, Additions, Replacements Clause in Contracts

Improvements, Repairs, Additions, Replacements. (a) Tenant shall not make any additions or improvements to the Premises without the prior written consent of Landlord, which may be withheld in Landlord’s absolute discretion. All improvements to the Premises done by the Tenant will remain the property of the Tenant and shall be removed prior to the end of the term. (b) Tenant shall at all times during the term and all extensions of this Lease, and at its own cost and expense, keep and maintain in good condition and repair the Premises and any improvements, whether structural or otherwise, located on the Premises, and shall exercise reasonable care to prevent waste, damage or injury to any of the same. (c) Tenant will not cause or permit any hazardous or toxic substance to be brought upon, kept or used in or about the Premises, whether by the Tenant, its agents, employees, contractor, or invitees, unless same will be used, kept and stored in a manner that complies with federal and state laws regulating any such hazardous or toxic substance so brought upon or used or kept in or about the Premises. If a violation of the foregoing occurs, the Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines and losses (including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space, and attorney’s fees). Indemnification of the Landlord by the Tenant shall include but not be limited to any cost incurred in connection with site investigation, clean-up, remedial, removal or restoration work required by any federal, state or local government agency as a result of contamination by the Tenant, a sublessee, its agents, employees, contractors or invitees. As used herein, the term “toxic or hazardous substances” means any toxic or hazardous substance, material or waste which is or becomes regulated by any local government authority, the State of North Carolina or the United States Government, including but not limited to such materials and substances as regulated under the Comprehensive Environmental Response Compensation and Liability Act 42 U.S.C. 9601 et seq. and as regulated under the North Carolina Oil Pollution and Hazardous Substances Control Act. (d) On the expiration or sooner termination of this Lease, Tenant shall quit and surrender the Premises, remove all Tenant owned property, and return the same to Landlord in the same or better condition that existed on the date hereof, ordinary wear and tear excepted.