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HomeMy WebLinkAbout0669 ~ nature, all of rrhich are nareinafter called "taxes and assess- menta", ahich are aseessed, levied, confirmed, impoaed or charged against the Demiaed Premises for the year 1972 and aub~equent 'i years dur2r~g the terms of this Lease. Payment of all auch taaea and asaeasmenta shall be made by the Lessee to the Leasor Mithin fifteen (15) days of Mritten demarid therefor, provided, howeva r, if any auch tax or asaeasment ia payable or may be paid at the option oP the taacpayer in inatallments (r+hsther or not intsreat shall ac~rue on the unpaid balance of auch tax or asaesament), Lessee may, at ita option, pay the aame together Mith ar~y accrued intereat on the unpaid balance of any auch tax or aaseasment, to the Leasor in inatallments no leas than thirty (30) days before the same shall respectively become due and, provided, further, that aa to any tax or asseasment applying to a fiacal period of the ta~cing authority Nherein part of the period is included pith- in the term of thia Lease and a part of the tea or asseasment ia for a period of time after termination of this Lease, the said tax or assessment shall be prorated and adJusted betNean the Les- sor and Lessee as of the date of term2nation of thia Lease. b. Nothing in this Article ahall obligate tY?e Lessee to pay the income, inheritance, estate or succesaion tax, or any other taa r+hich may be levied or asaesaed against the Leaaor Mith respect ~o or because of the income derived from thia Lease, excepting that in the event the State of Florida, or any politi- cal subdivision thereof, shall during the term of thia Lease im- pose a tax or excise on rents, and shall levy or assesa the aame against the Lessor as a substitution in ~?hole or in part Por taxea aaseased or imposed by such State or political subdiviaion there- of on larid ar~d buildings and/or peraonalty, the same shall be deemed to be included r+ithin the term "taaces and aaseasrdenta", and the I,esaee ahall pay and discharge such tax or excise on rent. Any obligation in the nature oP a"salea tax" or "use tax" that shall become due or payable by reason of the rentala payable by the Lessee under the terms and pr-ovisions hereof ~hall be the ob- ; ~ ligation of and shall be paid by the Lesaee. i c. The Lessee shall have the right to contest the amount ; or validity of ar~y tax or asseasment aru n~~Y,i~,~ l-i~rein ahall f im~ly any right on the part of the Leasee to dePer or postpone ~ sueh payment for any auch purpoae unleas aueh proeeedinga ahall operate to prevent or atay the c~llection of the tax or asaesa- ment so conteated and the Leasee shall have depoaited Nith the = Lessor the amount so contested and unpald, together Mith all in- = terest and penalties in connection therewith ar~d all charges ~ that may or might be assessed againat or become a charge or lien ? on the Demised Premiaes, or arpr part thereof, by reason of such contest or by reaeon of the delaq in the payment oP the tax aa- i sessment r+hich may result from auch conteat. Upon termination k of such proceedinga, the Lesaor ahall pay the amount of any duch p tax or assesament or any part thereof as shall be i`inally deter- R mined by such proceedings to be due and payable, together Mith ~ any coata, fees, intereat, penalties or liabilitiea in connection ~ thereMith, from the monies depoaited by the Lessee, as aPoreaaid, ~ and ahall return any remaining auIIn to the Leasee Mithout inte r- - est. If at any time during tha courae oP such coritest proeeed- - ings it ahall appear to the Leaaor that the amount depoaited by ;~3 the Lesaee la or may be inaufficient to pay in full the amount of the tax and asaessment, together ~ith all intereat, penaltiea - and other charges Mhich rnay De incurred by reason of the conteat proceedinga, or iP at the terndr~ntion of auch proceedirjgs it : shall or may appear that the amount depoaited by the Leaaee is in- sufficient to pay in full the amount found to be due, the Lesaor shall have the right to require the Leasee to depoait auch addi- = tional awaa aa the Leasor may reaaonably requeat, and upon i'ail- = ure of the Leasee to do so Mithin thirty (~O) daya of deme~nd therefor the amount theretofore deposited Mith the Leaaor rae~y be applied to the payment, removal and diacha.rge of ar~y then pending ~ and conteated ta~c or asseasment, and any delinquency ahall be treated as unpaid rent. The Leaeor, at the Lesaee'e sole expenae, ahall ~oin in any auch proceedings if any laM shall so require. = ~ooK197 P~~E 669 L~W OfFICES OF GOIDfT[IN. FRANKLIN. CHON~N A SCNRANK P, A. 2020 NORTNEAST 163n~ STREET, NORTM MIAMI ![ACN, ft0lII~A l~le2