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releasing Lessee from any obligation of Lessee contained in this Lease or from any def~ult by Lessee and
<br />without waiving Lessor's right to take such action as may be permissible under this Lease;as a result of such
<br />~ default, may (but shall be under no obligation to): I
<br />( a) Pay any Tax payable by Lessee pursuant to the provisions of tl~is Lease; or
<br />( b) Make any other payment or perform any other act on Lesseels part to be made
<br />or performed as provided in this Lease, and may enter the Premises and the Improverrlents for any such
<br />purpose, and take all such action, as may be necessary. ~,
<br />9.2 All sums so paid by Lessor and all costs and expenses incurred by' Lessor, including
<br />reasonable attorney fees, in connection with the performance of any such act, together w~th, if Lessee does
<br />not pay the same within the 30-day period after notice from Lessor, interest from the dat~ of such payment
<br />or incurrence by Lessor of such cost and expense until paid, at the annual rate of 18~c, shall constitute
<br />Additional Rent payable by Lessee under this Lease and shall be paid by Lessee to Lesso~ on demand.
<br />Section 10. Compliance with Legal Requirements '
<br />10.1 Throughout the Term, Lessee shall promptly comply with all Legal equirements that
<br />may apply to the Premises or to the use or manner of uses of the Premises or the Im rovements or the
<br />owners or users of the Improvements, whether or not the Legal Requirements affect the nterior or exterior
<br />of the Improvements, necessitate structural changes or improvements, or interfere ith the use and
<br />enjoyment of the Premises or the Improvements, and whether or not compliance~ with the Legal
<br />Requirements is required by reason of any condition, event, or circumstance existing biefore or after the
<br />Term commences.
<br />10.2 Lessee shall have the right, after prior written notice to Lessor, to cont' st by appropriate
<br />legal proceedings, diligently conducted in good faith, in the name of Lessee or Lessor or~oth, without cost
<br />or expense to Lessor, the validity or application of any Legal Requirement subject to the llowing:
<br />( a) If, by the terms of any Legal Requirement, compliance may llegally be delayed
<br />~ pending the prosecution of any such proceeding without the incurrence of any lien, cha~ge, or liability of
<br />any kind against all or any part of the Premises or the Improvements and without sut~ecting Lessee or
<br />Lessor to any liability, civil or criminal, for failure to comply, Lessee may delay complia~ce until the final
<br />determination of such proceeding; or ',
<br />( b) If any lien, charge, or civil liability would be incurred by re son of any such
<br />delay, Lessee nevertheless may contest the matter and delay compliance, provided that suc~ delay would not
<br />subject Lessor to criminal liability or fine, and Lessee '
<br />( c) Furnishes to Lessor security, reasonably satisfactory to Lessor, ajgainst any loss or
<br />injury by reason of such contest or delay, and
<br />(d) Prosecutes the contest with due diligence. ,
<br />10.3 Lessor shall execute and deliver any appropriate papers that may be ne~cessary or proper
<br />to permit Lessee to contest the validity or application of any Legal Requirement, iprovided all the
<br />requirements of this section have been satisfied by Lessee and Lessor will incur no cost.
<br />Section 11. Repairs and Maintenance
<br />11.1 Lessee shall maintain, repair, and replace the Premises and the $mprovements as
<br />necessary to keep them in good order, condition, and repair throughout the entire Term. Lessee's
<br />obligations shall extend to both structural and nonstructural items and to all mainten nce, repair, and
<br />replacement work, including but not limited to unforseen and extraordinary items. Lessor hall maintain the
<br />common areas of the development in good order, condition, and repair throughout the ent re Term. Lessor
<br />shall be responsible for all aspects of maintaining the parking area, including but not l~mited to security
<br />patrols, landscaping, cleaning, snow and ice removal, and lighting. ,
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