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upon or measured by any Rent or other charges payable hereunder, including any gross receipts
<br />tax or excise tax levied by'any governmental authority with respect to receipt of rental income, or
<br />upon, with respect to or by reason of the development, possession, leasing, operation,
<br />management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or
<br />any portion thereof, together with any tax imposed in substitution, partially or totally, of any tax
<br />previously included within the aforesaid definition or any additional tax the nature of which was
<br />previously included within the aforesaid definition. Nothing contained in this Lease shall require
<br />Tenant to pay any franchise, corporate, estate or inheritance tax of Landlord, or any income,
<br />profits or revenue tax or charge upon the net income of Landlord. Landlord shall deliver to Tenant
<br />copies of the assessment and tax bill from the applicable taxing authority.
<br />5.3 Possessory Interest Taxes. This Lease may create a possessory property
<br />interest in Tenant. Tenant's property interest may be subject to property taxation, and Tenant or
<br />the party in whom the possessory interest is vested shall be responsible for payment of any and
<br />all property taxes levied on the interest (collectively, "Possessory Interest Taxes").
<br />5.4 Personal Taxes. In the event any personal property on or about the Premises
<br />becomes subject to taxation, Tenant shall pay directly to the taxing authority all taxes and
<br />assessments levied upon the trade fixtures, alterations, additions, improvements, partitions,
<br />cabling, wiring, furniture, equipment, inventories and other personal property located and/or
<br />installed on the Premises by or on behalf of Tenant (individually and collectively "Tenant's
<br />Property") and Improvements (collectively, "Personal Taxes").
<br />5.5 Payment of Taxes. Tenant shall pay all Taxes (if any) prior to delinquency. To
<br />the extent any such taxes are not separately assessed or billed to Tenant by the taxing authority,
<br />Landlord shall deliver to Tenant copies of the assessment and tax bill. Tenant shall pay such
<br />amount directly to the taxing authority no later than ten (10) business days prior to the date on
<br />which such Taxes are due. Should Tenant fail to pay its Taxes, Landlord may elect to do so on
<br />Tenant's behalf within five (5) days of Landlord's demand therefor. Tenant shall reimburse
<br />Landlord for such Taxes and any penalties and fines, together with interest at the Applicable
<br />Interest Rate, from the date Landlord tendered payment.
<br />6. INSURANCE.
<br />6.1 Tenant. Tenant shall, at Tenant's expense, obtain and keep in force at all times
<br />during the Term the following "Tenant's Insurance," and shall be liable for all premiums,
<br />deductibles, and self-insured amounts, if any, in connection therewith.
<br />6.1.1 Commercial General Liabilityinsurance. A policy of commercial general
<br />liability insurance (occurrence form) having a combined single limit of not less than Two Million
<br />Dollars ($2,000,000) per occurrence; if a general aggregate limit applies, either the general
<br />aggregate limit shall apply separately to this project/location, or the general aggregate limit shall
<br />be twice the required occurrence limit. The policy will include coverage for, among other things,
<br />blanket contractual liability (including Tenant's indemnification obligations under this Lease),
<br />premises liability, products and completed operations liability, owner's protective coverage, broad
<br />form property damage, and bodily injury (including wrongful death). If necessary, Tenant shall
<br />provide for restoration of the aggregate limit.
<br />REV: 01-21-2022 SK 4
<br />ATTY/AGR 2022 010.2/City- County Land Swap (Page 10 of 34)
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