Common use of TAX AND INSURANCE Clause in Contracts

TAX AND INSURANCE. Tenant shall pay Tenant's Pro Rata Share of all charges for taxes (including, but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the Premises. Tenant shall also pay Tenant's Pro Rata Share of the cost for insurance premiums for fire and extended insurance coverage on the Premises in amounts equal to the full replacement value of the Premises. Such insurance shall be obtained by Landlord, or Landlord's agent, on policies issued by underwriters acceptable to Landlord. All policies shall insure Landlord and Tenant as their respective interests shall appear. Landlord, or Landlord's agent, shall also obtain general liability insurance covering the Premises naming Tenant as an additional insured. Tenant shall be responsible for Tenant's Pro Rata Share of the cost for such insurance, which shall be paid monthly by Tenant as additional rent. The dollar amount of such insurance coverage shall be reviewed annually, and adjusted if necessary, in order to provide for adequate protection to Landlord, Tenant, Porsche, Audi and any other party to whom use rights in the Premises have been granted. Tenant shall promptly pay as additional rent during the Term, the Percentage Estimated Cost for such taxes and insurance. Provided Landlord has received Tenant's financial statement showing gross revenues as provided herein, Landlord shall compute Tenant's Pro Rata Share of the actual annual cost for such taxes and insurance and compare it to the collected Percentage Estimated Cost for the year, whereupon Tenant shall either receive a credit towards the next month's installment of Percentage Estimated Cost or a written statement from Landlord for any additional amount owed by Tenant as Tenant's Pro Rata Share, in which case Tenant shall pay such amount as additional rent the first day of the following month.

TAX AND INSURANCE. ESCALATION 10. Tenant shall pay Tenant's Pro Rata Share upon demand by Landlord as additional rental during the term of this Lease, and any extension or renewal thereof, the amount by which all charges for taxes (including, including but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the PremisesPremises for each tax year exceed all taxes on the Premises for the tax year 1996. In the event the Premises are less than the entire property assessed for such taxes for any such tax year, then the tax for any such year applicable to the Premises shall be determined by proration on the basis that the rentable floor area of the Premises bears to the rentable floor area of the entire property assessed. If the final year of the Lease fails to coincide with the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata pat of such tax year beyond the Lease term. If such taxes for the yexx in which the Lease terminates are not ascertainable before payment of the last month's rental, then the amount of such taxes assessed against the Property for the previous tax year shall be used as a basis for determining the pro rata share, if any, to be paid by Tenant for that portion of the last Lease year. Tenant shall also pay Tenant's Pro Rata Share further pay, upon demand, its pro rata share of the excess cost of fire and extended coverage insurance including any and all public liability insurance on the building over the cost for insurance premiums the first year of the Lease term for each subsequent year during the term of this Lease. Tenant's pro rata portion of increased taxes or share of excess cost of fire and extended insurance coverage on the Premises in amounts equal and liability insurance, as provided herein, shall be payable within fifteen (15) days after receipt of notice from Landlord as to the full replacement value amount due. INDEMNITY; INSURANCE 11. Tenant agrees to and hereby does indemnify and save Landlord harmless against all claims for damages to persons or property by reason of Tenant's use or occupancy of the Premises, and all expenses incurred by Landlord because thereof, including attorney's fees and court costs. Such insurance Supplementing the foregoing and in addition thereto, Tenant shall be obtained by Landlordduring the term of this Lease and any extension or renewal thereof, or Landlordand at Tenant's agentexpense, on policies issued by underwriters acceptable to Landlord. All policies shall insure Landlord maintain in full force and Tenant as their respective interests shall appear. Landlord, or Landlord's agent, shall also obtain effect comprehensive general liability insurance covering with limits of $500,000.00 per person and $1,000,000.00 per incident, and property damage limits of $100,000.00, which insurance shall contain a special endorsement recognizing and insuring any liability accruing to Tenant under the Premises first sentence of this paragraph 11, and naming Tenant Landlord as an additional insured. Tenant shall be responsible for Tenant's Pro Rata Share of the cost for such insurance, which shall be paid monthly by Tenant as additional rent. The dollar amount provide evidence of such insurance coverage shall be reviewed annuallyto Landlord prior to the commencement of the term of this Lease. Landlord and Tenant each hereby release and relieve the other, and adjusted if necessarywaive its right of recovery, for loss or damage arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their Brokers, employees, contractors and/or invitees, to the extent that such loss or damage is within the policy limits of said 2 comprehensive general liability insurance. Landlord and Tenant shall, upon obtaining the policies of insurance required, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in order this Lease. REPAIRS BY LANDLORD 12. Landlord agrees to provide for adequate protection to Landlordkeep in good repair the roof, foundations and exterior walls of the Premises (exclusive of all glass and exclusive of all exterior doors) and underground utility and sewer pipes outside the exterior walls of the building, except repairs rendered necessary by the negligence or intentional wrongful acts of Tenant, Porscheits brokers, Audi and any other party to whom use rights in employees or invitees. If the Premises have been grantedare part of a larger building or group of buildings, then to the extent that the grounds are common areas, Landlord shall maintain the grounds surrounding the building, including paving, the mowing of grass, care of shrubs and general landscaping. Tenant shall promptly pay as additional rent during the Term, the Percentage Estimated Cost for report in writing to Landlord any defective condition known to it which Landlord is required to repair and failure so to report such taxes and insurance. Provided Landlord has received Tenant's financial statement showing gross revenues as provided herein, Landlord conditions shall compute Tenant's Pro Rata Share of the actual annual cost for such taxes and insurance and compare it make Tenant responsible to the collected Percentage Estimated Cost for the year, whereupon Tenant shall either receive a credit towards the next month's installment of Percentage Estimated Cost or a written statement from Landlord for any additional amount owed liability incurred by Landlord by reason of such conditions. REPAIRS BY TENANT 13. Tenant accepts the Premises in their present condition and as suited for the uses intended by Tenant's Pro Rata Share. Tenant shall, throughout the initial term of this Lease, and any extension or renewal thereof, at its expense, maintain in good order and repair the Premises, including the building, heating and air conditioning equipment (including but not limited to replacement of parts, compressors, air handling units and heating units) and other improvements located thereon, except those repairs expressly required to be made by Landlord hereunder. Unless the grounds are common areas of a building(s) larger than the Premises, Tenant further agrees to care for the grounds around the building, including paving, the mowing of grass, care of shrubs and general landscaping. Tenant agrees to return the Premises to Landlord at the expiration, or prior to termination of this Lease, in which case Tenant shall pay such amount as additional rent the good condition and repair as when first day of the following monthreceived, natural wear and tear, damage by storm, fire, lightning, earthquake or other casualty alone excepted.

TAX AND INSURANCE. Tenant shall pay Tenantupon demand as additional rental during the term of this Lease, and any extension or renewal thereof, it's Pro Rata Share prorata share of the amount by which all charges for taxes (including, including but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the PremisesPremises for each tax year exceed $0.00. In the event the Premises are less than the entire property assessed for such taxes for any such tax year, then the tax for any such year applicable to the Premises shall be determined by proration on the basis that the rentable floor area of the Premises bears to the rentable floor area of the entire property assessed. If the first and/or final year of the Lease term fails to coincide with the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax year beyond the Lease term. If such taxes for the year in which the Lease terminates are not ascertainable before payment of the last month's rental, then the amount of such taxes assessed against the property for the previous tax year shall be used as a basis for determining the pro rata share, if any, to be paid by Tenant for that portion of the last Lease year. Tenant shall also pay Tenantfurther pay, upon demand, it's Pro Rata Share pro rata share of the excess costs of fire and extended coverage insurance including any and all public liability insurance on the building over the cost for insurance premiums the first year of the Lease term for each subsequent year during the term of this Lease. Tenant's pro rata portion of taxes or share of excess cost of fire and extended insurance coverage on the Premises in amounts equal to the full replacement value of the Premises. Such insurance shall be obtained by Landlord, or Landlord's agent, on policies issued by underwriters acceptable to Landlord. All policies shall insure Landlord and Tenant as their respective interests shall appear. Landlord, or Landlord's agent, shall also obtain general liability insurance covering the Premises naming Tenant as an additional insured. Tenant shall be responsible for Tenant's Pro Rata Share of the cost for such insurance, which shall be paid monthly by Tenant as additional rent. The dollar amount of such insurance coverage shall be reviewed annually, and adjusted if necessary, in order to provide for adequate protection to Landlord, Tenant, Porsche, Audi and any other party to whom use rights in the Premises have been granted. Tenant shall promptly pay as additional rent during the Term, the Percentage Estimated Cost for such taxes and insurance. Provided Landlord has received Tenant's financial statement showing gross revenues as provided herein, shall be payable within ten (10) days after receipt of notice from Landlord shall compute or Agent as to the amount due, subject to Tenant's Pro Rata Share review of the actual annual cost evidence of such charges for such taxes and insurance and compare it to the collected Percentage Estimated Cost for the year, whereupon Tenant shall either receive a credit towards the next month's installment of Percentage Estimated Cost or a written statement from Landlord for any additional amount owed by Tenant as Tenant's Pro Rata Share, in which case Tenant shall pay such amount as additional rent the first day of the following monthmanifest error.

TAX AND INSURANCE. ESCALATION 10. Tenant shall pay Tenant's Pro Rata Share upon demand by Landlord as additional rental during the term of this Lease, and any extension or renewal thereof, the amount by which all charges for taxes (including, including but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the PremisesPremises for each tax year exceed all taxes on the Premises for the tax year 1995. In the event the Premises are less than the entire property assessed for such taxes in any such tax year, then the tax, for any such year applicable to the Premises shall be determined by proration on the basis that the rentable floor area of the Premises bears to the rentable floor area of the entire property assessed. If the final year of the Lease term fails to coincide with the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax year beyond the Lease term. If such taxes for the year in which the Lease terminates are not ascertainable before payment of the last month's rental, then the amount of such taxes assessed against the Property for the previous tax year shall be used as a basis for determining the pro rata share, if any, to be paid by Tenant for that portion of the last Lease year. Tenant shall also pay Tenant's Pro Rata Share further pay, upon demand, its pro rata share of the excess cost of fire and extended coverage insurance including any and all public liability insurance on the building over the cost for insurance premiums the first year of the Lease term for each subsequent year during the term of this Lease. Tenant's pro rata portion of increased taxes or share of excess cost of fire and extended insurance coverage on the Premises in amounts equal and liability insurance, as provided herein, shall be payable within fifteen (15) days after receipt of notice from Landlord as to the full replacement value amount due. INDEMNITY; INSURANCE 11. Tenant agrees to and hereby does indemnify and save Landlord harmless against all claims for damages to persons or property by reason of Tenant's use or occupancy of the Premises, and all expenses incurred by Landlord because thereof, including attorney's fees and court costs. Such insurance Supplementing the foregoing and in addition thereto, Tenant shall be obtained by Landlordduring the term of this Lease and any extension or renewal thereof, or Landlordand at Tenant's agentexpense, on policies issued by underwriters acceptable to Landlord. All policies shall insure Landlord maintain in full force and Tenant as their respective interests shall appear. Landlord, or Landlord's agent, shall also obtain effect comprehensive general liability insurance covering with limits of $500,000.00 per person and $1,000,000.00 per incident, and property damage limits of $100,000.00 which insurance shall contain a special endorsement recognizing and insuring any liability accruing to Tenant under the Premises first sentence of this paragraph 11, and naming Tenant Landlord as an additional insured. Tenant shall be responsible for Tenant's Pro Rata Share of the cost for such insurance, which shall be paid monthly by Tenant as additional rent. The dollar amount provide evidence of such insurance coverage shall be reviewed annuallyto Landlord prior to the commencement of the term of this Lease. Landlord and Tenant each hereby release and relieve the other and waive its right of recovery, for loss or damage arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their Brokers, employees, contractors and/or invitees, to the extent that such loss or damage is within the policy limits of said comprehensive general liability insurance. Landlord or Tenant shall, upon obtaining the policies of insurance required, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. REPAIRS BY LANDLORD 12. Landlord agrees to keep in good repair the roof, foundations and adjusted if necessaryexterior walls of the Premises (inclusive of all glass and exclusive of all exterior doors) and underground utility and sewer pipes outside the exterior walls of the building, in order to provide for adequate protection to Landlord, except repairs rendered necessary by the negligence or intentional wrongful acts of Tenant, Porscheits brokers, Audi and any other party to whom use rights in employees or invitees. If the Premises have been grantedare part of a larger building or group of buildings, then to the extent that the grounds are common areas, Landlord shall maintain the grounds surrounding the building, including paving, the mowing of grass, care of shrubs and general landscaping. Tenant shall promptly pay as additional rent during the Term, the Percentage Estimated Cost for report in writing to Landlord any defective condition known to it which Landlord is required to repair and failure so to report such taxes and insurance. Provided Landlord has received Tenant's financial statement showing gross revenues as provided herein, Landlord conditions shall compute Tenant's Pro Rata Share of the actual annual cost for such taxes and insurance and compare it make Tenant responsible to the collected Percentage Estimated Cost for the year, whereupon Tenant shall either receive a credit towards the next month's installment of Percentage Estimated Cost or a written statement from Landlord for any additional amount owed liability incurred by Landlord by reason of such conditions. REPAIRS BY TENANT 13. Tenant accepts the Premises in their present condition and as suited for the uses intended by Tenant's Pro Rata Share. Tenant shall, throughout the initial term of this Lease, and any extension or renewal thereof, at its expense, maintain in good order and repair the Premises, including the building, and other improvements located thereon, except those repairs expressly required to be made by Landlord hereunder. Tenant agrees to return the Premises to Landlord at the expiration, or prior to termination of this Lease, in which case Tenant shall pay such amount as additional rent the good condition and repair as when first day of the following monthreceived, natural wear and tar, damage by storm, fire, lightning, earthquake or other casualty alone excepted.