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In addition to Rent, Lessee shall pay without notice, demand or set off, as further rental <br />for the Property all taxes and assessments levied against or on account of the Property or the <br />receipt of lease rental payments hereunder. In addition, the Lessee shall pay for all of the <br />utilities in connection with the operation of the Property. Any and all such payments shall be <br />made and satisfactory evidence of such payments in the form of receipts shall be furnished to the <br />Lessor by the Lessee promptly upon request by Lessor. All of such payments are referred to as <br />"Additional Rent ". In case the Lessee shall in good faith desire to contest the validity of any <br />such tax or assessment, and shall so notify the Lessor, and shall furnish bond with surety <br />approved by the Lessor for the payment of the charges so desired to be contested and all <br />damages or loss resulting to the Lessor from the non- payment thereof when due, the Lessee shall <br />not be obligated to pay the same until such contests shall have been determined. <br />4. LEASES AND AGREEMENTS TO WHICH THE REAL ESTATE ARE <br />SUBJECT. <br />The Property is leased by Lessee subject to all existing leases, easements and agreements. <br />All rents under the above leases shall be collected by Lessee and shall be Lessee's property <br />during the term of this Lease. Lessor's consent is not required for subleasing or terminating <br />subleases of the Property or any part thereof. Lessor agrees to cooperate with Lessee with regard <br />to street dedications and such easements as Lessee shall reasonably require in conjunction with <br />its development plan, a copy of which shall be provided to Lessor and attached to this Lease as <br />Exhibit B. <br />5. DAMAGE TO REAL ESTATE: WAIVER OF SUBROGATION. <br />The parties mutually agree to release the other, and waive their entire right of recovery <br />and right of subrogation of any claim against the other for loss or damage incurring in, on or <br />about the Property, arising out of fire or other perils resulting from the negligence of the other <br />party, or its agents and employees, to the extent such damage or loss is covered by fire, extended <br />coverage or other insurance. This release shall apply only to the extent that such loss or damage <br />is covered by fire, extended coverage or other insurance, regardless of whether such insurance is <br />payable to or protects Landlord, Tenant or both parties. Nothing in this paragraph shall be <br />construed to impose any other or greater liability on either Landlord or Tenant then would have <br />existed in the absence of this paragraph. This release shall be in effect only so long as the <br />applicable insurance policies contain clauses to the effect that this release shall not affect the <br />right of the insured to recover under such policies of fire, extended coverage or other insurance <br />or, if such clauses are not contained, this release shall not affect the right of the insured to <br />recover under such policies. <br />6. INSURANCE AND INDEMNIFICATION. <br />The Lessee, at its own expense, shall, during the term of this Lease, keep the Property <br />insured against physical loss or damage, however caused, with such exceptions as are ordinarily <br />required by insurers of buildings or improvements of a similar type, with good and responsible <br />insurance companies approved by the Lessor. Such insurance shall be in an amount at least <br />equal to frill replacement cost of the Property as certified by a registered architect, registered <br />engineer or professional appraisal engineer selected by the Lessor, on the effective date of this <br />I <br />