WILL HAVE ABSOLUTELY NO RESPONSIBILITY OR OBLIGATION TO
PROVIDE ANY UTILITY OR OTHER SERVICE TO THE LEASED PROPERTY.
TENANT SHALL
CONTRACT FOR, IN ITS OWN NAME, AND WILL PAY, AS ADDITIONAL RENT ALL TAXES,
ASSESSMENTS, CHARGES/DEPOSITS, FEES AND BILLS FOR UTILITIES INCLUDING, WITHOUT
LIMITATION, CHARGES FOR WATER, GAS, OIL, SANITARY AND STORM SEWER, ELECTRICITY,
TELEPHONE SERVICE, TRASH COLLECTION, INTERNET ACCESS AND ALL OTHER UTILITIES
THAT MAY BE CHARGED AGAINST ANY OCCUPANT OR USER OF THE IMPROVEMENTS DURING THE
TERM.
TENANT SHALL AT ALL TIMES MAINTAIN THAT AMOUNT OF HEAT NECESSARY TO
ENSURE AGAINST THE FREEZING OF WATER LINES.
4.04
ESCROW OF IMPOSITIONS.
IN THE EVENT TENANT FAILS TO TIMELY PAY ANY
OR ALL OF THE IMPOSITIONS WITH RESPECT TO THE FACILITY TWO (2) TIMES IN ANY ONE
(1) TAX PERIOD OR THREE (3) TIMES IN ANY TWO (2) CONSECUTIVE TAX PERIODS, THEN,
UPON TEN (10) DAYS WRITTEN NOTICE FROM LANDLORD TO TENANT, TENANT SHALL
THEREAFTER DEPOSIT WITH LANDLORD ON THE FIRST DAY OF EACH MONTH DURING THE
REMAINING TERM HEREOF AND ANY EXTENDED TERM, A SUM EQUAL TO ONE-TWELFTH (L/12TH)
OF LANDLORD'S REASONABLE ESTIMATE OF THE IMPOSITIONS ASSESSED OR TO BE ASSESSED
AGAINST SUCH LEASED PROPERTY DURING THE TAX YEAR OF THE THEN APPLICABLE LEASE
YEAR, WHICH SUM SHALL BE USED BY LANDLORD TOWARD PAYMENT OF SUCH IMPOSITIONS.
IF AT THE END OF ANY APPLICABLE TAX YEAR, ANY SUCH FUNDS HELD BY LANDLORD ARE
INSUFFICIENT TO MAKE FULL PAYMENT OF TAXES OR OTHER IMPOSITIONS FOR WHICH SUCH
FUNDS ARE HELD, TENANT, ON DEMAND, SHALL PAY TO LANDLORD ANY ADDITIONAL FUNDS
NECESSARY TO PAY AND DISCHARGE THE OBLIGATIONS OF TENANT PURSUANT TO THE
PROVISIONS OF THIS PARAGRAPH.
IF, HOWEVER, AT THE END OF ANY APPLICABLE TAX
YEAR, SUCH FUNDS HELD BY LANDLORD ARE IN EXCESS OF THE TOTAL PAYMENT REQUIRED TO
SATISFY TAXES OR OTHER IMPOSITIONS FOR WHICH SUCH FUNDS ARE HELD, LANDLORD SHALL
APPLY SUCH EXCESS AMOUNTS TO TENANT'S TAX AND IMPOSITION ESCROW FUND FOR THE
NEXT TAX YEAR.
IF ANY SUCH EXCESS EXISTS FOLLOWING THE EXPIRATION OR EARLIER
TERMINATION OF
12
THIS LEASE AGREEMENT, LANDLORD SHALL PROMPTLY REFUND SUCH EXCESS AMOUNTS TO
TENANT.
THE RECEIPT BY LANDLORD OF THE PAYMENT OF SUCH IMPOSITIONS BY AND FROM
TENANT SHALL ONLY BE AS AN ACCOMMODATION TO TENANT AND THE TAXING AUTHORITIES,
AND SHALL NOT BE CONSTRUED AS RENT OR INCOME TO LANDLORD, AND SHALL NOT BE
DEEMED AS THE ASSUMPTION BY LANDLORD TO PAY SUCH IMPOSITIONS OR BE DEEMED A
WAIVER BY LANDLORD OF TENANT'S OBLIGATION TO PAY SUCH IMPOSITIONS, LANDLORD
SERVING, IF AT ALL, ONLY AS A CONDUIT FOR DELIVERY PURPOSES.
4.05
DISCONTINUANCE OF UTILITIES.
LANDLORD WILL NOT BE LIABLE FOR
DAMAGES TO PERSON OR PROPERTY OR FOR INJURY TO, OR INTERRUPTION OF, BUSINESS,
WHETHER THE BUSINESS OF TENANT OR ANY OTHER PERSON, FOR ANY FAILURE OR
INTERRUPTION IN THE SUPPLY OF UTILITIES, OR DISCONTINUANCE OF UTILITIES NOR WILL
SUCH FAILURE, INTERRUPTION OR DISCONTINUANCE IN ANY WAY BE CONSTRUED AS AN
EVICTION OF TENANT OR CAUSE AN ABATEMENT OF