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~ ing on any portions of the Demised Premises which are paved
, and intended for such purpose and use. In the event ar~y apa.rt-
ment, limited oommon- elements--and-cot~morr element ahail encroach
~ upon any of the Demised Premieea Por any reason other thaxi the ~
~ intentional and negligent act oP the apartment owner, then an
eaeement 8hall exist to the extent o! euoh e?n enaroaahment so
. :
: _ . . long _ as -~he sa~ae- •~all- exiat.- - - _ _ _ _ _ .
. : 7. Taxes.
a. Cenerally. The Lessee covenants and agrees to pay to
. the Lessor a real estate taxea, assessments and other gove rn-
~ mental levies and charges, general arxi special, ordinary and
' pxtraordinary, foreseen and unforeseen, of whatsoever kind and
ne~ure, all-of whieh-a~e hereinafter called "taxes and assess-
~ ments", which are assessed, levied, confirmed, imposed or charged
. against the Demised Premiaes ror the year 1971 and subsequent
years during the terms of thls Lease. Payment of all such taxes
' and assessments shall be made by the Lessee to the Lessor within .
. fifteen (15) days of written demand therefor, provided, however,
if any such tax or assessment is payable or may be paid at the
. , option of the taxpayer in installmenta (whether or t~ot interest ~
, ahall accrue on the unpaid balance of auch tax or assessment),
Lessee may, at its option, pay the same together with any accrued
interest on the unpaid balance of any such tax or assessment, to
~ the Lessor in installments no less than thirty (30) days before
the same shall respectively become due and, provided, i~rther,
~ that as to any tax or assessment applying to a t'iseal period of
, the taxing authority wherein part oF the period is included with-
- : in the term of this Lease and a part oP the tax or assessment -i8
- for a period of time after termination of this Lease, the said
tax or assessment shall be prorated and ad~usted between the Les-
~ sor and Lessee as of the date of termination of this Lease.
;
~ ~ b. Nothing in this Article shall obligate the Lessee to
~ pay the income, inheritance, estate or succession tax, or any
~ ~ ~ other tax which may be levied or assessed against the Lessor
~ with respect to or because of the income derived from this Lease,
fi ~ excepting that in the event the State of Florida, or any politi-
~ . cal subdivision thereof, shall during the term oP this Lease im-
' pose a tax or excise on rents, and shall levy or assess the same
~ against the Lessor as a substitution in whole or in part for taxe8
~ ~ assessed or imposed by such State or political subdivision the~e-
~ of on land and buildings and/or personalty, the same shall be
~ • deemed to be included within the term "taxes and assessments",
~ ~ and the Lessee shall pay and discharge such tax or excise on rent.
~ Any obl~gation in the nature of a"sales tax" or "use tax" that
~ shall become due or payable by reason oP the rentala payable by
the Lessee under the terms and provisiona her~of ahall be the ob-
- ligation of and shall be paid by the I,essee.
~ c. The Lessee shall have the right to contest the amount
~ or validity of any tax or assessment and nothing herein shall ;
imply any right on the part of the Lessee to defer or postpone !
~ such payment for any auch purpose unless such proceedings shall
= - operate to prevent or stay the collection of the tax or assess-
ment so contested~ ar~d the Lessee shall have deposited with the ~
_j ~ Lessor the amount so contested arxi unpaid, together with all ir~ ;
- ~ terest and penalties in connection therewith and all charges ~
':=:E = that may or might be assessed against or become a charge or lien
on the Demised Premises, or any part thereof, by reason of such .
= contest or by reason of . the delay in the payment of the tax as-
sessment which may result from such contest. Upon termination
~ or such proceedings, the Lessor shall pay the amour~t of any such
. tax or assessment or any part thereof as shall be Pinally deter-
- ' . mined by 8uch proaeedinga to be due and payable, togetrier with
_ ~ any coata, tees, interest, penalties .or liabilities in co~cu~eatl~on
-
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r_:~ • . . • .
'S' ~COK1c~p PACE2S~p
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