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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 /> to any applicable this Lease, including, but not limited t y pp licable 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, 100% of such contested amount or such
<br /> other reasonable security as may be demanded by Lessor to insure payment of such contested
<br /> Taxes and all penalties, interest, costs and expenses which may accrue during the period of the
<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 under 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 in 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. Right to Examine Books. Notwithstanding the acceptance by Lessor of payments of
<br /> Percentage Rent, as defined in Section 43, Lessor shall have the right to Percentage Rents,
<br /> 697 .
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