|
<br /> 10. Real Property Taxes.
<br /> 10.1 Payment of Taxes. Lessor shall pay the real property tax, as defined in paragraph .
<br /> 10.3, applicable to the Industrial Center, subject to reimbursement by Lessee of Lessee's Share of
<br /> such tax in accordance with the provisions of paragraph 4.2.
<br /> 10.2 Delinition of "Real Property Tax." As used herein, the term "real property tax"
<br /> shall include any form of real estate tax or assessment, general, special, ordinary, or
<br /> extraordinary, and any license fce, commercial rental tax, improvement bond or bonds, levy, or
<br /> tax (other than inheritance. personal income, or estate taxes) imposed on the Industrial Center or
<br /> any portion thereof by any authority having the direct or indirect po\ver to tax, including any city,
<br /> county, state, or federal government, or any school, agricultural, sanitary, fire, street, drainage, or
<br /> otber improvement district thereof, as against any legal or equitable interest of Lessor in the
<br /> Industrial Center or in any portion thereof, as against Lessor's right to rent or other income
<br /> therefrom, and as against Lessor's business of [easing the Industrial Center. The term "real
<br /> property tax" shall also include any tax, fec, levy, assessment, or charge (a) in substitution of,
<br /> partially or totally, any tax, fee, levy, assessment, or charge hereinabove included within the
<br /> definition of "real property tax," or (b) the nature of \vhich was hereinbefore included within the
<br /> dcflnition of "real property tax," or (c) which is imposed as a result of a transfer, either partial or
<br /> total, of Lessor's interest in the Industrial Center or which is added to a tax or charge
<br /> hereinbefore included within the dcflnition of "real property tax" by reason of such transfer, or
<br /> (d) which is imposed by reason of this transaction, any modifications or changes hereto, or any
<br /> transfers hereof.
<br /> 10.3 Joint Assessment. If the Industrial Center is not separately assessed, Lessee's
<br /> Share of the real property tax liability shall be an equitable proportion of the real property taxes
<br /> for all of the land and improvements included within the tax parcel assessed, such proportion to
<br /> be detennincd by Lessor from the respective valuations assigned in the assessor's work sheets or
<br /> such other infonnation as may be reasonably available. Lessor's reasonable detennination
<br /> thereof, in good faith, shall be conclusive.
<br /> 10.4 Personal Property Taxes.
<br /> (a) Lessee shaH pay prior to delinquency all taxes assessed against and levied upon .
<br /> trade flxtures, furnishings, equipment, and all other personal property of Lessee contained in the
<br /> Premiscs or elsewhere. When possible, Lessee shaH cause said trade fixtures, furnishings,
<br /> equipment, and all other personal property to be assessed and billed separately from the real
<br /> property of Lessor.
<br /> (b) If any of Lessee's said personal property is assessed with Lessor's real property,
<br /> Lessee shall pay to Lessor the taxes attributable to Lessee within ten (10) days after receipt of a
<br /> written statement setting forth the taxes applicable to Lessee's property.
<br /> II. Utilities. Lessee shall pay for all water, gas, heat, light, power, telephone, and other
<br /> utilities and services supplied to the Premises, together with any taxes thereon_ If any such
<br /> services are not separately metered to the Premiscs, Lessee shall pay, at Lessor's option, either
<br /> Lessee's Share or a reasonable proportion to be determined by Lessor of all charges jointly
<br /> metered with other premises in the Building.
<br /> 12. Assignment and Subletting.
<br /> 12.1 Lessor's Consent Required. Lessee shall not voluntarily or by operation of law
<br /> assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Lessee's
<br /> interest in this Lease or in the Premises, without Lessor's prior written consent, which Lessor
<br /> shall not unreasonably withhold. Lessor shall respond to Lessee's request for consent hereunder
<br /> in a timely manner, provided that any attempted assignment, transfer, mortgage, encumbrance, or
<br /> subletting without such consent shall be void, and shall constitute a breach of this Lease without
<br /> the need for notice to Lessee under paragraph 13.1.
<br /> 12.2 Lessee Affiliate. Notwithstanding the prOVISions of paragraph 12.1 hereof,
<br /> Lessee may assign or sublet the Premises, or any portion thereof, without Lessor's consent, to
<br /> any corporation that controls, is controlled by, or is under common control with Lessee, or to any
<br /> corporation resulting from a merger or consolidation with Lessee, or to any person or entity that .
<br /> acquires all the assets of Lessee as a going concern of the business that is being conducted on the
<br /> Premises, all of which are referred to as a "Lessee Affiliate," provided that before such
<br /> ""'INNE...I'OIJS\'\iOI.I\SlJrPOAT'\...AOATA\..."'II..,A....,j.\R...ndL\;\"GREE"'E1<I,,~;II>1o:ill.d page 10
<br /> (s:\...uDArA1AMB\GENERALIFoRMsIRErr-u-M.ooC)
<br />
|