AT ANY TIME DURING THE TERM OF THIS LEASE, THERE
SHALL BE LEVIED, ASSESSED OR IMPOSED ON LANDLORD A CAPITAL LEVY OR OTHER TAX
DIRECTLY ON THE RENTS RECEIVED HEREFROM AND/OR A FRANCHISE TAX, ASSESSMENT, LEVY
OR CHARGE MEASURED BY OR BASED, IN WHOLE OR IN PART, UPON SUCH RENTS FROM THE
PREMISES AND/OR THE LAND AND IMPROVEMENTS OF WHICH THE PREMISES ARE A PART, THEN
ALL SUCH TAXES, ASSESSMENTS, LEVIES OR CHARGES, OR THE PART THEREOF SO MEASURED
OR BASED, SHALL BE DEEMED TO BE INCLUDED WITHIN THE TERM "TAXES" FOR THE PURPOSE
HEREOF.
LANDLORD SHALL HAVE THE RIGHT TO EMPLOY A TAX CONSULTING FIRM TO
ATTEMPT TO ASSURE A FAIR TAX BURDEN ON THE BUILDING AND GROUNDS WITHIN THE
APPLICABLE TAXING JURISDICTION.
TENANT AGREES TO PAY ITS PROPORTIONATE SHARE OF
THE COST OF SUCH CONSULTANT WHICH COST SHALL BE ALLOCATED ON A FAIR AND
EQUITABLE BASIS.
B.
TENANT SHALL BE LIABLE FOR ALL TAXES LEVIES OR ASSESSED AGAINST
ANY PERSONAL PROPERTY OR FIXTURES PLACED IN THE PREMISES.
IF ANY SUCH TAXES ARE
LEVIED OR ASSESSED AGAINST LANDLORD OR LANDLORD'S PROPERTY AND (I) LANDLORD PAYS
THE SAME OR (II) THE ASSESSED VALUE OF LANDLORD'S PROPERTY IS INCREASED BY
INCLUSION OF SUCH PERSONAL PROPERTY AND FIXTURES AND LANDLORD PAYS THE INCREASED
TAXES, THEN, UPON DEMAND TENANT SHALL PAY TO LANDLORD SUCH TAXES.
IN ADDITION,
IF THE BUILDING IS A MULTIPLE OCCUPANCY BUILDING AND THE COST OF ANY
IMPROVEMENTS CONSTRUCTED TO TENANT'S PREMISES IS DISPROPORTIONATELY HIGHER THAN
THE COST OF IMPROVEMENTS CONSTRUCTED TO THE PREMISES OF OTHER TENANTS OF THE
BUILDING, THEN UPON DEMAND TENANT SHALL PAY THE AMOUNT OF TAXES ATTRIBUTABLE TO
SUCH DISPROPORTIONATELY MORE EXPENSIVE IMPROVEMENTS, IN ADDITION TO TENANT'S
PROPORTIONATE SHARE OF TAXES.
TENANT HEREBY WAIVES ANY RIGHT IT MAY HAVE UNDER SECTION 41.413 OF THE TEXAS TAX
CODE TO PROTEST THE APPRAISED VALUE OF ALL OR ANY PORTION OF THE PREMISES AND
THE BUILDING, AND ANY RIGHT IT MAY HAVE UNDER SECTION 42.015 OF THE TEXAS TAX
CODE TO APPEAL AN ORDER OF THE APPRAISAL REVIEW BOARD WITH RESPECT TO ALL OR ANY
PORTION OF THE PREMISES AND/OR THE BUILDING.
TENANT AGREES THAT LANDLORD SHALL
HAVE THE SOLE RIGHT TO PROTEST ANY APPRAISALS OF THE PREMISES AND THE BUILDING.
TENANT ALSO HEREBY WAIVES ANY RIGHT IT MAY HAVE TO RECEIVE A COPY OF ANY NOTICE
RECEIVED BY LANDLORD OF REAPPRAISAL OF ALL OR ANY PORTION OF THE PREMISES AND/OR
THE BUILDING, INCLUDING WITHOUT LIMITATION ANY NOTICE REQUIRED UNDER
SECTION 41.413(D) OF THE TEXAS TAX CODE.
TENANT AGREES THAT LANDLORD SHALL NOT
BE LIABLE TO TENANT FOR ANY DAMAGES FOR LANDLORD'S FAILURE TO SEND TO TENANT A
COPY OF ANY NOTICE OF REAPPRAISAL CONCERNING THE PREMISES AND/OR THE BUILDING,
IRRESPECTIVE OF ANY OBLIGATION UNDER APPLICABLE LAW OF LANDLORD TO PROVIDE SUCH
NOTICE.
NOTWITHSTANDING THE FOREGOING, IF TENANT PROTESTS, CHALLENGES OR
APPEALS ANY VALUATION FOR PROPERTY TAX PURPOSES OF ALL OR ANY PORTION OF THE
PREMISES AND/OR THE BUILDING, AND SUCH VALUATION INCREASES FROM THE VALUE
PROTESTED, APPEALED OR