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expenses of any nature whatsoever incurred in connection with the ownership and operation of
<br />the premises, other than the Lessor's obligations set forth herein.
<br />4.10, Licenses Fees, Taxes. Lessee shall pay, on or before their respective due dates,
<br />to appropriate collecting authorities, all federal, State, County, and City taxes, licenses, permits,
<br />assessments, and fees, which are now or may subsequently be, levied upon or apportioned to the
<br />Leased Premises or the leasehold estate granted by this Lease, or upon Lessee, or upon any of
<br />Lessor's property used in connection with this Lease, or upon any rentals or other sums payable
<br />under this Lease, including, but not limited to any applicable ad valorem, sales or excise taxes,
<br />and shall maintain in current status all federal, State, County and City licenses and permits, now
<br />or subsequently required for the operation of the business conducted by Lessee including, but not
<br />limited to, occupational licenses.
<br />4.11. Payment of Utilities. From and after the Effective Date, Lessee shall pay when
<br />due all water, wastewater, electric, telephone, solid waste, recycling, and all other utility and
<br />costs of any and all types whatsoever which are now or hereafter charged or assessed with
<br />respect to operations at the Leased Premises. Lessee shall pay all fees or charges relative to the
<br />foregoing promptly prior to delinquency. Lessor represents and warrants that the utilities which
<br />will be provided to the Leased Premises are or will be separately metered.
<br />4.12. Right to Contest Taxes. Lessee shall have the right, at its sole cost and expense,
<br />to contest the amount or validity, in whole or in part, of any Taxes by appropriate proceedings
<br />diligently conducted in good faith, but no such contest shall be carried on or maintained by
<br />Lessee after the time limit for the payment of any Taxes unless Lessee shall (i) pay the amount
<br />involved under protest; (ii) procure and maintain a stay of all proceedings to enforce any
<br />collection of any Taxes, together with all penalties, interest, costs and expenses, by a deposit of a
<br />sufficient sum of money, or by such undertaking, as may be required or permitted by law to
<br />accomplish such stay; or (iii) deposit with Lessor, as security for the performance by Lessee of
<br />its obligations hereunder with respect to such Taxes, l00% of such contestedpayment of amount contested
<br />other reasonable security as may be demanded by Lessor to insure pay h co to the
<br />Taxes and all penalties, interest, costs and expenses which may accrue during the p
<br />contest. Upon the termination of any such proceedings, Lessee shall pay the amount of such
<br />Taxes or part thereof, as finally determined in such proceedings, together with its costs, fees
<br />(including all reasonable attorneys' fees and expenses), penalties or other liabilities in connection
<br />therewith; provided, however, that if Lessee has deposited cash or cash equivalents with Lessor
<br />as security under clause (iii) above, then, so long as no default exists tuider this Lease, Lessor
<br />shall arrange to pay such Taxes (or part thereof) together with the applicable costs, fees and
<br />liabilities as described above out of such cash or cash equivalents and return any unused balance,
<br />if any, to Lessee. Lessee shall have the right, at its cost and expense, to seek a reduction it the
<br />valuation of the Leased Premises as assessed for tax purposes and to prosecute any action or
<br />proceeding in connection therewith. Provided Lessee is not in default hereunder, Lessee shall be
<br />authorized to retain any tax refund of any tax paid by Lessee, Lessee shall provide written notice
<br />to Lessor if Lessee exercises the right to contest taxes.
<br />5. Richt to Li xamine Books. Notwithstanding the acceptance by Lessor of payments of
<br />Percentage Rent, as defined in Section 4.3, Lessor shall have the right to Percentage Rents,
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