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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 (125%) 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 6.
<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
<br />3.
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