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<br /> shall have (in addition to any right or remedy of Landlord) the
<br /> same rights and remedies in the event of nonpayment by Tenant as
<br /> in the case of default by Tenant in payment of rent .
<br /> ARTICLE 5 .
<br /> TAXES AND ASSESSMENTS
<br /> 5 .1) Tenant shall pay, as Additional Rent hereunder, before
<br /> any fine, penalty, interest, or costs may be added thereto for
<br /> the nonpayment thereof, all real estate taxes and installments of
<br /> special assessments payable during the Term of the Lease which
<br /> shall during the Term be laid, assessed, levied, or imposed upon,
<br /> or shall become payable and a lien upon, the Premises or any part
<br /> thereof (Impositions) .
<br /> 5.2) Tenant shall have the right to contest or appeal any
<br /> Imposition in Tenant's or Landlord's name, at Tenant's sole cost
<br /> and expense. If nonpayment of the Imposition creates a lien upon
<br /> the Premises, Landlord may, at its option, request Tenant to
<br /> deposit with it an amount equal to one hundred twenty-five
<br /> percent (1251) of the contested and unpaid Imposition. Such
<br /> amount shall be returned to Tenant upon the successful appeal of
<br /> the Imposition or upon payment of it. Tenant shall give Landlord
<br /> written notice of Tenant ' s intention to contest or appeal any
<br /> Imposition at least twenty (20) days prior to the delinquency
<br /> thereof. Tenant shall hold Landlord harmless against all loss,
<br /> cost, expense, attorneys ' fees, or damages resulting from such
<br /> contest or appeal .
<br /> 5.3) Tenant shall pay directly to the appropriate
<br /> governmental authorities, as Additional Rent hereunder, before
<br /> any fine, penalty, interest, or costs may be added thereto for
<br /> the nonpayment thereof, any tax or excise imposed or assessed on
<br /> rent, on any leasehold interest, any right of occupancy, any
<br /> investment of Tenant in the Premises, any personal property of
<br /> any kind owned, installed, or used by Tenant, including Tenant' s
<br /> leasehold improvements, any privilege tax, sales tax, gross
<br /> proceeds tax, etc. , however described, by any federal, state,
<br /> county, or municipal governmental authority or any subdivision
<br /> thereof or other governmental authority. Tenant shall not be
<br /> required to pay any federal or state or local income tax for
<br /> which Landlord may become liable during the Initial Term or any
<br /> Option Term of the Lease.
<br /> ARTICLE 5.
<br /> UTILITIES
<br /> Tenant shall directly pay or cause to be paid, as Additional
<br /> Rent hereunder, all charges for sewer and water services, gas,
<br /> electricity, light, heat, air conditioning, power, telephone, or
<br /> other services or utility used, rendered, or supplied upon or in
<br /> connection with the Premises (the Utilities) during the Term
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