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DRAFT
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<br />416585v3 SJR MU210-35
<br />It is the intention of the parties hereto that nothing contained in this Lease or through the
<br />performance of this Lease shall any change occur in the tax status of the Premises that ex isted
<br />prior to the entering into of this Lease and that in lieu of each clause, term or provision of this
<br />Lease that is illegal, invalid, unenforceable, or not in compliance with property tax requirements,
<br />there be added as part of this Lease a clause, term, provision, or requirement similar to such
<br />illegal, invalid or unenforceable clause, term, provision, or property tax requirement as may be
<br />possible and would be legal, valid, and enforceable, to retain the property tax status of the
<br />Premises that existed prior to the entering into of this Lease. In the event that the property tax
<br />status for the Premises is changed by any taxing jurisdiction and cannot be returned to the tax
<br />status that existed prior to the entering into of this Lease by modification of the terms of this
<br />Lease, the Tenant shall be responsible for any tax payments or payments in lieu of taxes should
<br />the Premises, or a portion thereof, be deemed taxable property for any reason by any taxing
<br />jurisdiction as a result of this Lease or the use being made thereof of the Premises, and the
<br />Tenant shall immediately remit any required payments to the appropriate taxing jurisdiction.
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<br />27. [INTENTIONALLY BLANK]
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<br />28. ADDITIONAL HAZARDS:
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<br />Tenant covenants and agrees that it will not do or permit anything to be done in or upon
<br />the Premises or bring in anything or keep anything therein which shall cause the cancellation of
<br />Landlord’s insurance policies, or increase the rate of insurance, on the Building, above the
<br />standard rate on said premises and buildings as rental property for similar uses. Tenant further
<br />agrees that in the event it shall do anything to so increase the insurance rate, Tenant shall
<br />promptly pay to Landlord on demand any such increase resulting therefrom, which shall be due
<br />and payable as “additional rent” hereunder. At Tenant’s request, Landlord shall make available
<br />for Tenant’s inspection during regular business hours, all documents pertaining to Landlord’s
<br />calculation of Tenant’s “additional rent” required under this section. Said “additional rent” shall
<br />be due and payable as billed by Landlord.
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<br />29. INVALIDATION OF PARTICULAR PROVISIONS:
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<br />If any clause, term or provision of this Lease, or the application thereof to any person or
<br />circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond
<br />financed property requirements as set forth in Paragraph 30, the remainder of this Lease, or the
<br />application of such term or provision to persons or circumstances other than those as to which it
<br />is held invalid or unenforceable, shall not be affected thereby, and each term and provision of
<br />this Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention
<br />of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal,
<br />invalid, unenforceable, or not in compliance with state bond financed property requirements,
<br />there be added as part of this Lease a clause, term, provision, or state bond financed property
<br />requirement similar to such illegal, invalid or unenforceable clause, term, provision, or state
<br />bond financed property requirement as may be possible and would be legal, valid, and
<br />enforceable.
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