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DocuSign Envelope ID: 2F824D49-F88D-4ED1-8861-25C6564470E2 <br />EXECUTION COPY <br />(ii) All or part of the improvements on the Leased Premises or <br />personalty situated thereon; <br />(iii) Any appurtenance to the Leased Premises; <br />(iv) The rent and income received by the LESSEE from any subtenant <br />or licensee; <br />(v) Any use or occupation of the Leased Premises; <br />(vi) Sales or use Tax arising from LESSEE's operations or the <br />operations of any sub lessees or licensees; or <br />(vii) Any Taxes or charges applicable to the rents paid under this Lease. <br />3.8 LESSEE's Challenge of Tax. LESSEE may contest the validity of any Tax, tax <br />claim, or charge or assessment, described herein without being in default for nonpayment of Taxes <br />under this Lease and challenge any such Tax as a Targeted Tax, provided LESSEE complies with <br />terms and conditions of this Section. The LESSEE must give LESSOR written notice of LESSEE's <br />intention to contest. <br />3.9 LESSOR'S Remedy for LESSEE'S Nonpayment. If LESSEE fails, refuses, or <br />neglects to pay any Taxes, fees, assessments, or other governmental charges under this Article, <br />unless challenged as provided in Section 3.7 of this Lease, the LESSOR may pay them. On the <br />LESSOR's demand, the LESSEE must pay the LESSOR all amounts LESSOR has paid, plus <br />expenses and attorney's fees reasonably incurred in connection with such payments, together with <br />interest at the rate of twelve per cent (12%) per annum from the date LESSOR paid such <br />outstanding Taxes, fees, assessments or other governmental charges, up to but not exceeding the <br />maximum rate of interest allowable under Florida law. On the day the LESSOR demands <br />repayment or reimbursement from LESSEE, the LESSOR is entitled to collect or enforce these <br />payments in the same manner as a payment of rent. <br />ARTICLE 4. <br />USE OF PREMISES <br />4.1 Permissible Uses. The Leased Premises shall be used by LESSEE for the purpose <br />of establishing a temporary structure for use as a Sales Center for the St. Regis Residences. <br />4.2 Compliance With Regulations of Public Bodies. LESSEE covenants and agrees <br />that it shall, at its own cost and expense, make such improvements on the Leased Premises, perform <br />such acts and do such things as shall be lawfully required by any public body having jurisdiction <br />over the Leased Premises, in order to comply with the requirements relating to sanitation, fire <br />hazard, zoning, setbacks, environmental requirements, and other similar requirements designed to <br />protect the public, worker and recreational use environments. LESSEE shall not use the Leased <br />Premises, nor shall the Leased Premises suffer any such use during the Term of this Lease, which <br />is in violation of any of the statutes, laws, ordinances, rules or regulations of the federal, state, <br />county, municipal government or any other governmental authority having jurisdiction over the <br />Leased Premises. <br />4.3 Site Plan; Plans and Specifications for Improvements. It is the understanding of <br />6 <br />