TERMINATED
PURSUANT TO THE EXPRESS PROVISIONS OF THIS LEASE AGREEMENT OR BY TERMINATION OF
THIS LEASE AGREEMENT.
10
ARTICLE IV
IMPOSITIONS AND UTILITIES
4.01
PAYMENT OF IMPOSITIONS.
SUBJECT TO THE ADJUSTMENTS SET FORTH
HEREIN, TENANT SHALL PAY, AS ADDITIONAL RENT, ALL IMPOSITIONS THAT MAY BE LEVIED
OR BECOME A LIEN ON THE LEASED PROPERTY OR ANY PART THEREOF AT ANY TIME DURING
THE TERM, BEFORE THE SAME BECOME DELINQUENT.
TENANT SHALL FURNISH TO LANDLORD
ON AN ANNUAL BASIS COPIES OF OFFICIAL RECEIPTS OR OTHER SATISFACTORY PROOF
EVIDENCING SUCH PAYMENTS.
TENANT'S OBLIGATION TO PAY SUCH IMPOSITIONS SHALL BE
DEEMED ABSOLUTELY FIXED UPON THE DATE SUCH IMPOSITIONS ARE ASSESSED UPON THE
LEASED PROPERTY OR ANY PART THEREOF.
TENANT, AT ITS EXPENSE, SHALL PREPARE AND
FILE ALL TAX RETURNS AND REPORTS IN RESPECT OF ANY IMPOSITION AS MAY BE REQUIRED
BY GOVERNMENTAL AUTHORITIES; PROVIDED, HOWEVER, LANDLORD SHALL BE RESPONSIBLE
FOR THE PREPARATION AND FILING OF ANY SUCH TAX RETURNS OR REPORTS IN RESPECT OF
ANY REAL OR PERSONAL PROPERTY OWNED BY LANDLORD.
TENANT SHALL BE ENTITLED TO
ANY REFUND DUE FROM ANY TAXING AUTHORITY ATTRIBUTABLE TO IMPOSITIONS FOR WHICH
TENANT HAS PAID.
LANDLORD AND TENANT SHALL, UPON REQUEST OF THE OTHER, PROVIDE
SUCH DATA AS IS MAINTAINED BY THE PARTY TO WHOM THE REQUEST IS MADE WITH RESPECT
TO THE LEASED PROPERTY AS MAY BE NECESSARY TO PREPARE ANY REQUIRED RETURNS AND
REPORTS.
IN THE EVENT GOVERNMENTAL AUTHORITIES CLASSIFY ANY PROPERTY COVERED BY
THIS LEASE AGREEMENT AS PERSONAL PROPERTY, LANDLORD AND TENANT SHALL FILE ALL
PERSONAL PROPERTY TAX RETURNS IN SUCH JURISDICTIONS WHERE IT MAY LEGALLY SO FILE
WITH RESPECT TO THEIR RESPECTIVE OWNED PERSONAL PROPERTY.
LANDLORD, TO THE
EXTENT IT POSSESSES THE SAME, AND TENANT, TO THE EXTENT IT POSSESS THE SAME,
WILL PROVIDE THE OTHER PARTY, UPON REQUEST, WITH COST AND DEPRECIATION RECORDS
NECESSARY FOR FILING RETURNS FOR ANY PROPERTY SO CLASSIFIED AS PERSONAL
PROPERTY.
WHERE LANDLORD IS LEGALLY REQUIRED TO FILE PERSONAL PROPERTY TAX
RETURNS, TENANT WILL BE PROVIDED WITH COPIES OF ASSESSMENT NOTICES INDICATING A
VALUE IN EXCESS OF THE REPORTED VALUE IN SUFFICIENT TIME FOR TENANT TO FILE A
PROTEST.
TENANT MAY, UPON NOTICE TO LANDLORD, AT TENANT'S OPTION AND AT
TENANT'S SOLE COST AND EXPENSE, PROTEST, APPEAL, OR INSTITUTE SUCH OTHER
PROCEEDINGS AS TENANT MAY DEEM APPROPRIATE TO EFFECT A REDUCTION OF REAL ESTATE
OR PERSONAL PROPERTY ASSESSMENTS AND LANDLORD, AT TENANT'S EXPENSE AS AFORESAID,
SHALL FULLY COOPERATE WITH TENANT IN SUCH PROTEST, APPEAL, OR OTHER ACTION.
TENANT SHALL PROVIDE LANDLORD COPIES OF ALL MATERIALS FILED OR PRESENTED IN
CONNECTION WITH ANY SUCH PROCEEDING.
TENANT SHALL PROMPTLY REIMBURSE LANDLORD
FOR ALL PERSONAL PROPERTY TAXES PAID BY LANDLORD UPON RECEIPT OF BILLINGS
ACCOMPANIED BY COPIES OF A BILL THEREFOR AND PAYMENTS THEREOF WHICH IDENTIFY THE
PERSONAL PROPERTY WITH RESPECT TO WHICH SUCH PAYMENTS ARE MADE.
IMPOSITIONS
IMPOSED IN RESPECT TO THE TAX-FISCAL PERIOD DURING WHICH THE TERM COMMENCES AND
TERMINATES SHALL BE ADJUSTED AND PRORATED BETWEEN LANDLORD AND TENANT ON A PER
DIEM BASIS, WITH TENANT BEING