3.3. Early Termination. the owners and tenants acknowledge that: (i) the NC State Non-Woven Fabrics Institute (the “Institute”) will be a tenant in the building and that the building has been designed to house large industrial facilities used by that tenant; and (ii) the tenant needs additional time to determine whether the noise and/or vibration produced by the operation of the facility prevents the tenant from obtaining the required FDA clearance for its intended use of the premises (the “FDA Approval”). In order to assist the tenant in making this decision, the lessor must immediately make available to the tenant all test reports, architectural and technical plans and similar materials that he has for the building (including the institute room). Notwithstanding the contrary provisions of this rental agreement, the tenant may terminate this lease by announcing to the lessor a written termination before February 1, 2017 by noise and / or vibrations generated by the operation of the establishment. In case of termination of this rental agreement by the tenant: (i) The lessor must pay the deposit to the tenant; and (ii) The Lessee is obliged to reimburse the Lessor for all costs incurred up to the date of receipt of this termination by the Lessor during the design and design of the plans and the construction of the Lessee-upfit on the premises (together the “costs borne by LL”). Immediately after receipt of the notice of termination, the lessor must send the tenant a written submission (with appropriate supporting documents, as requested by the tenant) of the costs to be reimbursed to LL.
