5.2. SR 12-07-1998 - Laserfiche WebLink

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shall hold Lessor harmless a6ainst all loss, cost, expense, attorneys' fees or damages resulting from such contest or appeal. 4.3) Other Taxes - 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, any tax or excise imposed or assessed on rent, on any leasehold interest, any right of occupancy, any investment of Lessee in the Leasehold Property and Improvements, any personal property of any kind owned, installed or used by Lessee, including Lessee's leasehold improvements, any privilege tax, sales tax, gross proceeds tax, etc., however described, by any federal, state, county or municipal governmental authority or any subdivision thereof or other governmental authority. Lessee shall not be required to pay any federal or state or local income tax for which Lessor may become liable during the Term of the Lease. ARTICLE 5. UTILITIES 5.1) Utilities - Lessee shall directly pay or cause to be paid, as Additional Rent hereunder, all charges for cleaning and building services, steam water, gas, sewer, electricity, light, heat, air conditioning, power, telephone or other service or utility used, rendered or supplied upon, or in connection with the Leasehold Property and Improvements (the Utilities) during the Term hereof. Lessee shall contract for the Utilities in Lessee's own name and shall indemnify and hold Lessor harmless from any liability or expense for any such charge. Upon Lessor's request, Lessee shall furnish to Lessor paid statements, invoices or cancelled checks evidencing the payment of all obligations undertaken by Lessee under this Article 5. ARTICLE 6. INSURANCE 6.1) Insurance During Construction - Lessee will provide and maintain or cause to be provided or maintained at all times during the process of constructing the Improvements and, from time to time at the request of Lessor, fumish Lessor with proof of payment of premiums on insurance policies which Lessor deems necessary to protect its interest in the Leasehold Property including without limitation: (01) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of Lessor shall be protected in accordance with a clause in form and content satisfactory to Lessor. All policies evidencing insurance required by this subdivision (01) with respect to the Improvements shall be carried in the names of Lessee and Lessor, as their respective interests may appear, and shall contain standard clauses which provide for any proceeds paid by an insurer to Lessee or Lessor and remaining after deducting all expenses, including fees and disbursements of counsel, incurred BURNIS 566679.3 5 of 22