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DocuSign Envelope ID: 2F824D49-F88D-4ED1-8861-25C6564470E2
<br />EXECUTION COPY
<br />therefrom); (B) the gross receipts or income of the direct or indirect owners of LESSEE (unless
<br />the Tax is one of general application levied against or imposed on the gross receipts or income of
<br />all people, enterprises or owners of enterprises, as the case may be, within the jurisdiction of the
<br />applicable governmental entity); (C) any capital gain on or appreciation in the investment in the
<br />Leased Premises (unless the Tax is one of general application); or (D) the sale of any asset or
<br />ownership interest in the LESSEE or any of its affiliates (unless the Tax is one of general
<br />application). The term "Tax" shall mean any general or special, ordinary of extraordinary, tax
<br />imposition, assessment, levy, usage fee, excise or similar charge (including any ad valorem or
<br />other property taxes), however measured, regardless of the manner of imposition or beneficiary,
<br />that is imposed by a governmental entity.
<br />3.5 Additional Rent Payments. In addition to the monthly rent due under Section 3.1
<br />and sums due under Sections 3.2 and 3.3 hereof, all other payments that LESSEE is obligated to
<br />make under this lease shall be considered "Additional Rent" regardless of whether the payments
<br />are so designated. Except as provided in Paragraph 3.7 hereof, "LESSEE's Challenge of Tax," all
<br />additional payments are due and payable within thirty (30) days after rendition of a statement
<br />therefor, with the exception of ad valorem taxes which must be paid within thirty (30) days when
<br />due.
<br />3.6 Utility or service charges. LESSEE agrees to pay all charges for utility service
<br />including, but not limited to charges for gas, electricity, telephone, telecommunications or other
<br />illumination, heating, air conditioning, water & sewer, storm water utility fees, and other similar
<br />service charges attributed to the Leased Premises.
<br />3.7 LESSEE's Responsibilities regarding Governmental Charges or Services
<br />Giving Rise to Liens. Subject to the provisions of Section 3.3 and Section 3.7 respecting
<br />LESSEE's right to challenge the validity of any Tax, tax claim, assessment, fee or other
<br />governmental charge against the Leased Premises, the use thereof, improvements thereto or
<br />personalty located thereon, the LESSEE must pay all Taxes and other governmental fees, charges
<br />or assessments that are related to the Leased Premises or personalty situated thereon or operations
<br />conducted thereon and that arise during the Lease Term. LESSEE shall pay all such Taxes and
<br />other charges when due and before any fine, penalty, interest or other cost is added, becomes due,
<br />or is imposed by operation of law for nonpayment. These Taxes and other charges include, but are
<br />not necessarily limited to the following:
<br />(a) All Taxes, assessments, water, sewer, connection fees, garbage rates and
<br />charges, public utility charges, excise levies, licenses and permit fees;
<br />(b) All such charges whether they are general or special, ordinary or
<br />extraordinary, foreseen or unforeseen, imposed upon the Leased Premise or use thereof or
<br />improvements thereto or personalty situated thereon;
<br />(c) All such charges that are assessed, levied, confirmed or imposed upon the
<br />Leased Premises or use thereof or improvements thereto or personalty situated thereon;
<br />(d) All such charges that arise from, become payable from, or with respect to,
<br />or become a lien on any of the following:
<br />(i) All or any part of the Leased Premises or use thereof or
<br />improvements thereto or personalty situated thereon;
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