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ir,g on any portions oi' tne Dem3sed Premises which are paved
and intended for such purpose ar.3 use. In the event any apart-
ment, limited common element, and con~mon element shall encroach
upoh any of the Demised Pre:nises f~r any reason other than the
intentioral and negligent act of t~he apartment owner, thAn an
easement shall exist to the ettent of such an encraachmer~ so
long as t~he same shall exist.
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7. Taxes. t
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~ a. ~enPrally. The Lessee covenants and agrees to pay t~ ~
the Lessori a real estate taxes, assessments and othe:~ govern- ~
mental levies and charges, general and special, ordinary and ~
extraordinaryr, foreseen and unforeseen, of whatsoever kind anc'.
nature, all of which are h~reinafter ~alled "taxes and asses,s-
mAnts", which are assessed, levied, conf'irmed, imposed or char~e3
against tre Demised Premises for the year i971 and subsequent
years du:~ing the terms of this Lease. Payment of ~,11 Q~~ch taxes
and aa~e~sments shall be made by the Lessee to the Lessor with3n
fifteen (15) days of ~ritten demarni therefor, provided, however,
iP any such tax or assessment Is payable or may 3e paid at the
aption of the taxpayer in ir:stallments (whether or not interest
$hall ac~rue on thz unpaid bal&nce of auch tax or assessment),
Lessee may, at its option, pay the same to~ether with any accruEd
interest ~n thz unp~.id ba]ance of any such tax or asaessme:~t, to
the Les~or in insta2].ments no less than thirty (34} days b~fore
the same shf.ll respectively bec~me due and, provided, further,
that as to any tas or. assessment applying to a fiscal period of
the ta~ing authority wher•ein part oP the period is included with~
in the term of thi s Lease a~~d a part cf the tF.x or assess*rF~nt is
for a period of t:~me after termination of this Lease, the s~id
tax ~r assessment shall be prorated and ad~usted t~etween the I~s-
sor and Lessee 2s of the date oi' terminatio~i of thi.~s Lease. -
b. Nothing i:~ this Article shall obligate the Lessee to
pay tY:e income, inheritance, estate or succession *a.~c, or any
othe~ tax which *nay be levied or assessed against the Lessor
with respect te or because of the income derived from this Lease,
except~n~ that in the event the State of Florida, or any politi-
cal s~bdivision thereof, shall during the term of this Lease im-
pose a trxx or excise on rents, and shall levy or assess the sa~
aga3nst the Lesso r as a sub~titution in wh.~le or in part for taxes
assessEd or imposed by avch State or political subdivision t!~er~-
of on land and buildings an3/or personalty, the same shall bE
deened ~o be i.ncluded within the term "taxes and assessmer_~s",
and the Lessee shall pay ~nd discharge such tax or excise on rer~t.
Any obligation in t~ie nature or a"sales tax" or "use tax" that
~h~l? become due or payable by r~ason of the rentals payable by
thP Le 4see under the terms and provisions hereof shall be t:~e ob-
lisation of arxi shall be paid by the Lessee.
c. The Lessee sha11 have the right to contest the araount
or val.idity of any tax or assessnent and nothing herein 3ha11
imply any right on the part of the Leasee to defe r or post~n~
such payment for any such purpose unless such proceedings shall
operate to prevent or stay the collection o~ the tax or assess- ~
ment contes ~ed and the Leasee shall have dep~sited wit'n the t
Les~ur the amo~nt so cantested and unpaid, together with all ~n- ~
terest and p~nalties i:~ connection therewith and all charges ~
that may or .aight be assesssd again~t or be~ome a charge o~~ l1En i
on the Demisec~ P~~emiszs, or- ar,y part t~~ereof, by reason of such
contest or by r~ason of the delay in the payrr~nt of the taY as-
sessment which ,nay *~esult from sueh contest. Upon termirk~tion
of such proceedings, the I.ess~r shall pay the amo~~n" ar~y such
tax or assessmen ~ o: any part thereoP as shall be fina ily det^r-
mined by such proceEdir~r~s to be due and payable, to~ethar wi~t~
any costs, fees, interest, penaltte3 or liabilities in connection
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l A~y OFFIa;CS GC' Sr`I_.,57CIN, FRl.NKLIN, CHONIfJ e Si ~IItA?"~ p,,,, ?Ol0 NORiHEAST 16JFC STRCIT, NORTN MlA~il lfFACH. FLOF,IUA 3~162
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