5.2. SR 12-07-1998 - Laserfiche WebLink

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3.2) Lessor's Right to Perform - Except as may be otherwise expressly provided herein, Lessee covenants and agrees that if at any time it fails to pay any amount required by this Lease Agreement, or to obtain, pay for, maintain or deliver any of the insurance policies herein provided for, or fails to make any other payment or perform any other act required to be made or performed by this Lease Agreement, then Lessor, without notice to or demand upon Lessee, without waiving or releasing Lessee from any obligation of Lessee contained in this Lease Agreement, and without any obligation to so do, may effect any such insurance coverage and pay premiums therefor and may make any other payment or perform any other act on the part of Lessee to be made and performed as provided in this Lease Agreement, in such manner and to such extent as Lessor may deem desirable, and in exercising such right to pay necessary and incidental costs and expenses, employ counsel and incur reasonable attorneys' fees. All sums so paid by Lessor and all necessary and incidental costs and expenses in connection with performance of any such act by Lessor, together with interest thereon at a rate of eight percent (8%) per annum from the date of making such expenditure by Lessor shall be payable to Lessor as Additional Rent and, except as otherwise provided for in this Lease Agreement, shall be payable on demand or, at the option of Lessor, may be added to any monthly rental payment then due or thereafter becoming due under this Lease Agreement. Lessee covenants to pay any such sum or sums with interest as aforesaid and Lessor shall have (in addition to any other right or remedy of Lessor) the same rights and remedies in the event of nonpayment by Lessee as in the case of default by Lessee in payment of rent. ARTICLE 4. TAXES AND ASSESSMENTS 4.1) Real Estate Taxes and AssessmenB - Lessee shall pay directly to the appropriate governmental authorities, as Additional Rent hereunder, before any fine, penalty, interest or costs may be added thereto for the nonpayment thereof, all real estate taxes or payments required by any governmental authority in lieu thereof and installments of special assessments payable during the Term of this Lease Agreement, which shall during the Term be laid, assessed, levied or imposed upon or become payable or a lien upon the Leasehold Property and the Improvements or any part thereof ("Impositions"). If, by law, any such Imposition is payable or may at the option of the taxpayer be payable in installments (whether or not interest shall accrue on the unpaid balance of such Imposition), Lessee may pay the same together with any accrued interest on the unpaid balance of such Imposition in installments as the same respectively become payable and before any fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and interest. Lessee, upon request, shall forward to Lessor written evidence of payment of the Impositions. 4.2) Right to Contest - Lessee shall have the right to contest or appeal any Imposition in Lessee's or Lessor's name, at Lessee's sole cost and expense. If nonpayment of the Imposition creates a lien upon the Leasehold Property or Improvements, Lessor may, at its option, request Lessee to deposit with it an amount equal to one hundred ten percent (110%) of the contested and unpaid Imposition. Such amount shall be returned to Lessee upon the successful appeal of the Imposition or upon payment of it. Lessee shall give Lessor written notice of Lessee's intention to contest or appeal any Imposition at least twenty (20) days prior to the delinquency thereof. Lessee BURNIS 566679.3 4 of 22