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Lease Agreement - SB Human Rights Niles Ave. – MedPro Properties LLC
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Lease Agreement - SB Human Rights Niles Ave. – MedPro Properties LLC
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10/10/2023 10:53:47 AM
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10/10/2023 10:53:40 AM
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Board of Public Works
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Contracts
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10/10/2023
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4 <br /> Landlord’s failure to timely file the application form for tax exemption (Form 136) shall <br />not alter the exclusion of real property tax from Tenant’s share of the Operating Costs <br />provided Tenant timely submits the application to Landlord as described hereinabove, nor <br />shall Tenant be responsible to pay or reimburse Landlord for the exempt portion of tax should <br />landlord fail to timely file the application after receiving Tenant information as previously <br />described. Landlord shall promptly and within ten (10) days of receiving notice from the <br />County, communicate to Tenant whether the tax exemption application has been approved or <br />denied. If Landlord claims that its belated filing of the tax exemption application form <br />(No.136) was due to untimeliness of tenant’s information as previously described, the parties <br />shall immediately attempt to mediate a resolution including whether Tenant should reimburse <br />Landlord for the loss of exemption. Such mediation may be informal between the parties or <br />through a professional mediator under Indiana’s Alternative Dispute Rules (ADR). Should <br />such medication fail, Landlord shall be entitled to pursue any remedy al law. <br />In the event that a tax exemption application is timely filed but denied by officials of St. <br />Joseph County, Landlord shall cooperate in good faith to take prompt, necessary action to re- <br />submit, alter, amend, otherwise cure, or timely and properly appeal a rejected exemption <br />filing. If such curative action is not successful, Landlord shall promptly notify Tenant, and <br />the parties shall immediately attempt to mediate a resolution. Such mediation may be informal <br />between the parties or through a professional mediator under Indiana’s Alternative Dispute <br />Rules (ADR). Should mediation fail, either party may terminate this lease upon written notice <br />to the other party within forty-five (45) days from the date Tenant received receipt of notice <br />of exemption denial from Landlord, and the lease termination shall be effective sixty (60) <br />days after the date of such party’s notice to the other party of lease termination, during which
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