4.5 SR 09-05-2023 - Laserfiche WebLink

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expenditure by the City shall be payable to the City as Additional Rent and, except as otherwise provided for in this Lease Agreement, shall be payable on demand or, at the option of the City, 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 the City shall have (in addition to any other right or remedy of the City) 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 Section 4.1 Real Estate Taxes and Assessments. 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 the City written evidence of payment of the Impositions. Section 4.2 Right to Contest. Lessee shall have the right to contest or appeal any Imposition in Lessee’s or the City’s name, at Lessee’s sole cost and expense. If nonpayment of the Imposition creates a lien upon the Leasehold Property or Improvements, the City may, at its option, request Lessee to deposit with the City 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 the City written notice of Lessee’s intention to contest or appeal any Imposition at least twenty (20) days prior to the delinquency thereof. Lessee shall hold the City harmless against all loss, cost, expense, attorneys’ fees or damages resulting from such contest or appeal. Section 4.3 Other Taxes. Lessee shall pay directly to the appropriate governmental authorities, as Additional Rent under this Lease Agreement, 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 the City may become liable during the Term of the Lease Agreement. 5 2067394.0015/184093281.2