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Lessee to deposit with it an amount equal to one hundred ten percent (110%) of the contested and <br /> unpaid Imposition. Such amount shall be returned to Lessee upon the successful appeal of the <br /> Imposition or upon payment of it. Lessee shall give Lessor written notice of Lessee's intention to <br /> contest or appeal any Imposition at least twenty (20) days prior to the delinquency thereof. Lessee <br /> shall hold Lessor harmless against all loss, cost, expense, attorneys' fees or damages resulting from <br /> such contest or appeal. <br /> 4.3) Other Taxes - Lessee shall pay directly to the appropriate governmental authorities, <br /> as Additional Rent hereunder, before any fine, penalty, interest or costs may be added thereto for the <br /> nonpayment thereof, any tax or excise imposed or assessed on rent, on any leasehold interest, any <br /> right of occupancy, any investment of Lessee in the Leasehold Property and Improvements, any <br /> personal property of any kind owned, installed or used by Lessee, including Lessee's leasehold <br /> improvements, any privilege tax, sales tax, gross proceeds tax, etc., however described, by any <br /> federal, state, county or municipal governmental authority or any subdivision thereof or other <br /> governmental authority. Lessee shall not be required to pay any federal or state or local income tax <br /> for which Lessor may become liable during the Term of the Lease. <br /> ARTICLE 5. <br /> UTILITIES <br /> 5.1) Utilities-Lessee shall directly pay or cause to be paid, as Additional Rent hereunder, <br /> all charges for cleaning and building services, steam water, gas, sewer, electricity, light, heat, air <br /> conditioning, power, telephone or other service or utility used, rendered or supplied upon, or in <br /> connection with the Leasehold Property and Improvements (the Utilities) during the Term hereof. <br /> Lessee shall contract for the Utilities in Lessee's own name and shall indemnify and hold Lessor <br /> harmless from any liability or expense for any such charge. Upon Lessor's request, Lessee shall <br /> furnish to Lessor paid statements, invoices or cancelled checks evidencing the payment of all <br /> obligations undertaken by Lessee under this Article 5. <br /> ARTICLE 6. <br /> INSURANCE <br /> 6.1) Insurance During Construction - Lessee will provide and maintain or cause to be <br /> provided or maintained at all times during the process of constructing the Improvements and, from <br /> time to time at the request of Lessor, furnish Lessor with proof of payment of premiums on insurance <br /> policies which Lessor deems necessary to protect its interest in the Leasehold Property including <br /> without limitation: <br /> (01) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value <br /> Basis," in an amount equal to one hundred percent (100%) of the insurable value of the <br /> Improvements at the date of completion, and with coverage available in nonreporting form <br /> on the so-called "all risk" form of policy. The interest of Lessor shall be protected in <br /> accordance with a clause in form and content satisfactory to Lessor, All policies evidencing <br /> 1313RNIS 566679.5 5 of 23 <br />