Resolution No 37-2018 - Approval of Lease Located at 319 Niles Avenue for South Bend Human Rights Commission

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and within ten (10) days of receiving notice from the County, communicate to Tenant whether the tax exemption application has been approved or denied. In the event that a tax exemption application is timely filed but denied by officials of St. Joseph County, Landlord shall cooperate in good faith to take prompt, necessary action to re- submit, alter, amend, or otherwise cure a rejected exemption filing. If such curative action is not successful, Landlord shall promptly notify Tenant, Tenant may terminate this lease upon written Notice to Landlord within forty-five (45) days ftom receipt of notice of exemption denial ftom Landlord, and the lease termination shall be effective sixty (60) days after the date of Tenant's notice of termination to Landlord, during which sixty (60) day period following notice of termination, Landlord may show the premises to other potential tenants during business hours upon 24 hours' notice to Tenant, notwithstanding any other term in this Agreement. Furthermore, Tenant agrees to disburse to Landlord all unpaid accrued real estate taxes applicable to the denied exemption period within thirty (30) days following Landlord's notification to Tenant of its denial and Tenant further agrees to increase future monthly additional rent payments by the accrued real estate tax until January 1 of the following year in which the real estate tax exemption can be submitted. For the full lease term "Operating Costs" shall also exclude replacement costs of structural or major components of the Building including but not limited to roof, parking lot re -pavement, heating systems, air conditioning units, windows, doors, walls, water pipes due to defect or age deterioration, sinks, toilets, and electrical components Furthermore, "Operating Costs" do not include specific costs uniquely incurred by specific tenants which are separately billed to and reimbursed by such specific tenants, but shall consist of all other regular and routine operating costs of the Building, which shall be computed on the accrual 4