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200905358
<br />ARTICLE VII
<br />OTHER OBLIGATIONS OF LESSEE
<br />Section 7.1. Use; Permits. Lessee shall exercise due care in the use, operation
<br />and maintenance of the Project, and shall not use, operate or maintain the Project improperly,
<br />carelessly, in violation of any State and Federal Law or for a purpose or in a manner contrary to
<br />that contemplated by this Lease. Lessee shall obtain all permits and licenses necessary for the
<br />installation, operation, possession and use of the Project. Lessee shall comply with all State and
<br />Federal Laws applicable to the installation, use, possession and operation of the Project, and if
<br />compliance with any such State and Federal Law requires changes or additions to be made to the
<br />Project, such changes or additions shall be made by Lessee at its expense.
<br />Section 7.2. Maintenance of Project by Lessee. Lessee shall, at its own expense,
<br />maintain, preserve and keep the Project in good repair, working order and condition, and shall
<br />from time to time make all repairs and replacements necessary to keep the Project in such
<br />condition. Lessor shall have no responsibility for any of these repairs or replacements.
<br />Section 7.3. Taxes, Other Governmental Charges and Utility Charges. Except as
<br />expressly limited by this Section, Lessee shall pay all taxes and other charges of any kind which
<br />are at any time lawfully assessed or levied against or with respect to the Project, the Rental
<br />Payments or any part thereof, or which become due during the Term of this Lease, whether
<br />assessed against Lessee or Lessor. Lessee shall also pay when due all gas, water, steam,
<br />electricity, heat, power, telephone, and other charges incurred in the operation, maintenance, use,
<br />occupancy and upkeep of the Project, and all special assessments and charges lawfully made by
<br />any governmental body for public improvements that may be secured by a lien on the Project;
<br />provided that with respect to special assessments or other governmental charges that may
<br />lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such
<br />installments as are required to be paid during the Term of this Lease as and when the same
<br />become due. Lessee shall not be required to pay any federal, state or local income, inheritance,
<br />estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock,
<br />corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is
<br />made in lieu of or as a substitute for any tax, assessment or charge which is the obligation of
<br />Lessee under this Section.
<br />Lessee may, at its own expense and in its own name, in good faith contest any
<br />such taxes, assessments, utility and other charges and, in the event of any such contest, may
<br />permit the taxes, assessments, utility or other charges so contested to remain unpaid during the
<br />period of such contest and any appeal therefrom unless Lessor shall notify Lessee that, in the
<br />opinion of Independent Counsel, by nonpayment of any such items the interest of Lessor in the
<br />Project will be materially endangered or the Project or any part thereof will be subject to loss or
<br />forfeiture, in which event Lessee shall promptly pay such taxes, assessments, utility or other
<br />charges or provide Lessor with full security against any loss which may result from nonpayment,
<br />in form satisfactory to Lessor.
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