(12) AS ITS DENOMINATOR.
UNTIL A NEW ESTIMATE
STATEMENT IS FURNISHED (WHICH LANDLORD SHALL HAVE THE RIGHT TO DELIVER TO TENANT
AT ANY TIME), TENANT SHALL PAY MONTHLY, WITH THE MONTHLY BASE RENT INSTALLMENTS,
AN AMOUNT EQUAL TO ONE-TWELFTH (1/12) OF THE TOTAL ESTIMATED EXCESS SET FORTH IN
THE PREVIOUS ESTIMATE STATEMENT DELIVERED BY LANDLORD TO TENANT.
4.5
TAXES AND OTHER CHARGES FOR WHICH TENANT IS
DIRECTLY RESPONSIBLE.
4.5.1
TENANT SHALL BE LIABLE FOR AND SHALL PAY BEFORE
DELINQUENCY, TAXES LEVIED AGAINST TENANT'S EQUIPMENT, FURNITURE, FIXTURES AND
ANY OTHER PERSONAL PROPERTY LOCATED IN OR ABOUT THE PREMISES.
IF ANY SUCH TAXES
ON TENANT'S EQUIPMENT, FURNITURE, FIXTURES AND ANY OTHER PERSONAL PROPERTY ARE
LEVIED AGAINST LANDLORD OR LANDLORD'S PROPERTY OR IF THE ASSESSED VALUE OF
LANDLORD'S PROPERTY IS INCREASED BY THE INCLUSION THEREIN OF A VALUE PLACED UPON
SUCH EQUIPMENT, FURNITURE, FIXTURES OR ANY OTHER PERSONAL PROPERTY AND IF
LANDLORD PAYS THE TAXES BASED UPON SUCH INCREASED ASSESSMENT, WHICH LANDLORD
SHALL HAVE THE RIGHT TO DO REGARDLESS OF THE VALIDITY THEREOF BUT ONLY UNDER
PROPER PROTEST IF REQUESTED BY TENANT, TENANT SHALL UPON DEMAND REPAY TO
LANDLORD THE TAXES SO LEVIED AGAINST LANDLORD OR THE PROPORTION OF SUCH TAXES
RESULTING FROM SUCH INCREASE IN THE ASSESSMENT, AS THE CASE MAY BE.
4.5.2
NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN,
TENANT SHALL PAY PRIOR TO DELINQUENCY ANY RENT TAX OR SALES TAX, SERVICE TAX,
TRANSFER TAX OR VALUE ADDED TAX, OR ANY OTHER APPLICABLE TAX ON THE RENT OR
SERVICES HEREIN OR OTHERWISE RESPECTING THIS LEASE.
4.5.3
IF THE "ORIGINAL IMPROVEMENTS" (AS DEFINED IN
SECTION 10.3.2 BELOW) AND ALTERATIONS IN THE PREMISES, WHETHER INSTALLED AND/OR
PAID FOR BY LANDLORD OR TENANT AND WHETHER OR NOT AFFIXED TO THE REAL PROPERTY
SO AS TO BECOME A PART THEREOF, ARE ASSESSED FOR REAL PROPERTY TAX PURPOSES AT A
VALUATION IN EXCESS OF THE ACTUAL HARD TENANT IMPROVEMENT COSTS, NOT TO EXCEED
$40.00 PER RENTABLE SQUARE FOOT OF THE PREMISES, THEN THE TAX EXPENSES LEVIED
AGAINST LANDLORD OR THE PROPERTY BY REASON OF SUCH EXCESS ASSESSED VALUATION
SHALL BE DEEMED TO BE TAXES LEVIED AGAINST PERSONAL PROPERTY OF TENANT AND SHALL
BE GOVERNED BY THE PROVISIONS OF SECTION 4.5.1, ABOVE.
4.6
TENANT'S PAYMENT OF CERTAIN TAX EXPENSES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LEASE, IN THE EVENT
THAT, AT ANY TIME DURING THE INITIAL LEASE TERM, ANY SALE, REFINANCING, OR
CHANGE IN OWNERSHIP OF THE BUILDING OR PROJECT IS CONSUMMATED, AND AS A RESULT
THEREOF, AND TO THE EXTENT THAT IN CONNECTION THEREWITH, THE PROJECT IS
REASSESSED (THE "REASSESSMENT") FOR REAL ESTATE TAX PURPOSES BY THE APPROPRIATE
GOVERNMENTAL AUTHORITY PURSUANT TO THE TERMS OF PROPOSITION 13, OR ANY SUCCESSOR
STATUTE, THEN THE TERMS OF THIS SECTION 4.6 SHALL APPLY TO SUCH REASSESSMENT OF
THE PROJECT.
4.6.1
THE TAX INCREASE.
FOR PURPOSES OF THIS ARTICLE 4,
THE TERM "TAX INCREASE" SHALL MEAN THAT PORTION OF THE TAX EXPENSES, AS
CALCULATED IMMEDIATELY FOLLOWING THE REASSESSMENT, WHICH IS ATTRIBUTABLE SOLELY
TO THE REASSESSMENT.
ACCORDINGLY, THE TERM TAX INCREASE