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5 <br />235433v5 <br /> <br />addition to the Lease Payments provided for in paragraphs 5(a) and (b) above, and any <br />other costs of Lessee identified elsewhere in this Lease, Lessee shall reimburse Lessor for <br />all of Lessor’s costs to directly implement, and administer Equipment modifications and <br />enforce this Lease, with copy of detailed invoice submitted to Lessee from Lessor, <br />including, without limitation: (i) Lessor’s costs to retain a structural engineer or other <br />consultant to review Lessee’s plans for installation of the Equipment and to inspect the <br />Equipment upon installation and annually, if determined necessary by Lessor; (ii) <br />Lessor’s costs to retain a Radio Frequency Engineer to identify or resolve any potential or <br />actual interference issues with Lessee’s Equipment at the commencement of service by <br />Lessee and at such other times as deemed necessary by Lessor; and (iii) Lessor’s legal <br />fees and other consultant costs associated with the negotiation, administration, and <br />enforcement of this Lease. Lessor shall provide Lessee with a written estimate of <br />expenses for Lessee’s approval prior to incurring expenses for which Lessee is liable <br />pursuant to this paragraph. <br />(d) Taxes. Lessee shall be responsible for any personal property or other taxes <br />attributable to or levied against Lessee’s Equipment on the Property. Lessor shall be <br />responsible for (i) all taxes and assessments levied upon the lands, improvements and <br />other property of Lessor including any such taxes that may be calculated by a taxing <br />authority using any method, including the income method, (ii) all sales, use, license, <br />value added, documentary, stamp, gross receipts, registration, real estate transfer, <br />conveyance, excise, recording, and other similar taxes and fees imposed in connection <br />with this Lease. <br />In the event Lessor receives a notice of assessment with respect to which taxes or <br />assessments are imposed on Lessee’s leasehold improvements on the Premises, Lessor <br />shall provide Lessee with copies of each such notice immediately upon receipt, but in no <br />event later than thirty (30) days after the date of such notice of assessment. If Lessor <br />does not provide such notice or notices to Lessee in a timely manner and Lessee’s rights <br />with respect to such taxes are prejudiced by the delay, Lessor shall reimburse Lessee for <br />any increased costs directly resulting from the delay. If Lessor provides a notice of <br />assessment to Lessee within such time period and requests reimbursement from Lessee as <br />set forth below, then Lessee shall reimburse Lessor for the tax or assessments identified <br />on the notice of assessment on Lessee’s leasehold improvements, which has been paid by <br />Lessor. If Lessor seeks reimbursement from Lessee, Lessor shall, no later than thirty <br />(30) days after Lessor’s payment of the taxes or assessments for the assessed tax year, <br />provide Lessee with written notice including evidence that Lessor has timely paid same, <br />and Lessor shall provide to Lessee any other documentation reasonably requested by <br />Lessee to allow Lessee to evaluate the payment and to reimburse Lessor. <br />Notwithstanding anything to the contrary contained in this Section 5(d), Lessee shall <br />have no obligation to reimburse any tax or assessment for which the Lessor is reimbursed <br />or rebated by a third party. <br />For any tax amount for which Lessee is responsible under this Lease, Lessee shall <br />have the right to contest, in good faith, the validity or the amount thereof using such <br />administrative, appellate or other proceedings as may be appropriate in the jurisdiction, <br />and may defer payment of such obligations, pay same under protest, or take such other <br />179