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<br />federal, state, or local executive, legislative, judicial, regulatory, or administrative agency,
<br />board, or authority, which relate to (i) noise; (ii) pollution or protection of the air, surface
<br />water, ground water, or land; (iii) solid, gaseous, or liquid waste generation, treatment,
<br />storage, disposal, or transportation; (iv) exposure to Hazardous Materials; or (v)
<br />regulation of the manufacture, processing, distribution and commerce, use, or storage of
<br />Hazardous Materials.
<br />
<br />"Permitted Hazardous Material" means any Hazardous Material which is
<br />necessary and commercially reasonable for the provision of any good or service related to
<br />the Permitted Use.
<br />
<br />3.5 Permits and Licenses. Tenant shall be solely responsible to apply for and secure
<br />any building permit or permission of any duly constituted authority for the purpose of doing any
<br />of the things which Tenant is required or permitted to do under the provisions ofthis Lease.
<br />
<br />ARTICLE 4
<br />TAXES AND UTILITIES
<br />
<br />4.1 Payment of Taxes. Tenant shall pay the Taxes (as defined in the following
<br />Section) applicable to the Premises during the Lease Term. Landlord shall provide Tenant with
<br />copies of any tax bills applicable to the Premises promptly after receipt of such bills. All such
<br />payments shall be made at least 10 days prior to the delinquency date of such payment. Tenant
<br />shall promptly furnish Landlord with satisfactory evidence that such Taxes have been paid. If
<br />any such Taxes paid by Tenant shall cover any period of time prior to or after the expiration of
<br />the Lease Term, Landlord shall reimburse Tenant to the extent required. If Tenant shall fail to
<br />pay any such Taxes, Landlord shall have the right (but not the obligation) to pay the same, in
<br />which case Tenant shall repay such amount plus any penalties and interest resulting therefrom to
<br />Landlord within 5 days after receipt of a bill therefor.
<br />
<br />4.2 Definition of "Taxes". As used herein, the term "Taxes" shall include:
<br />
<br />4.2.1 any form of real estate tax or assessment, ad valorem tax or gross
<br />receipts tax, imposed by any authority having the direct or indirect power to tax, including any
<br />city, county, state, or federal government, or any school, agricultural, sanitary, fire, street,
<br />drainage, or other improvement district thereof, on, against or with respect to the Premises, this
<br />Lease, any legal or equitable interest of Landlord or any superior landlord in the Premises or in
<br />the real property of which the Premises are a part, Landlord's right to rent or other income
<br />therefrom, and Landlord's business of leasing the Premises;
<br />
<br />4.2.2 any tax, fee, levy, assessment, penalty, interest or other charge (i) in
<br />substitution of, partially or totally, any tax, fee, levy, assessment, or charge hereinabove included
<br />within this definition of Taxes, or (ii) any tax or increase in any tax which is imposed as a result
<br />of a transfer, either partial or total, of Landlord's interest in the Premises to Tenant, or (iii) which
<br />is imposed by reason of this transaction, any modifications or changes hereto, or any transfers
<br />hereof; and
<br />
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