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<br />and Agency shall accept such check or payment without prejudice to County's and Agency's right to
<br />recover the balance of the Rent or other fees or pursue any other remedy available to the County or
<br />Agency in this Lease.
<br />3.5 Reserved.
<br />3.6 Additional Rent.
<br />3.6.1. Additional Rent. During the Term, the Base Rent shall be absolutely net to
<br />County and Agency so that all costs (including but not limited to Operating Costs and Utility Costs,
<br />as defined below), fees, taxes (including but not limited to Real Estate Taxes and Equipment Taxes,
<br />as defined below), charges, expenses, impositions, reimbursements, and obligations of every kind
<br />relating to the Premises shall be paid or discharged by Tenant as additional rent ("Additional
<br />Rent"). Additional Rent shall also include such amounts as described in Article XL As more
<br />particularly set forth in Sections 3.6.3 and 3.6.6, below, Tenant has the right to pay under protest the
<br />foregoing Additional Rent, as applicable, and defend against the same. Any imposition rebates shall
<br />belong to Tenant.
<br />3.6.2. Taxes. During the Term, Tenant shall pay directly to the taxing authorities all
<br />Taxes (as herein defined) at least ten (10) days prior to delinquency thereof. For purposes hereof,
<br />"Taxes" shall include any form of assessment, license fee, license tax, business license fee,
<br />commercial rental tax, levy, penalty, sewer use fee, real property tax, charge, possessory interest tax,
<br />tax or similar imposition (other than inheritance or estate taxes), imposed by any authority having the
<br />direct or indirect power to tax, including any city, county, state or federal government, or any school,
<br />agricultural, lighting, drainage, flood control, water pollution control, public transit or other special
<br />district thereof, as against any legal or equitable interest of County or Agency in the Premises or any
<br />payments in lieu of taxes required to be made by County or Agency, including, but not limited to, the
<br />following:
<br />(a) Any assessment, tax, fee, levy, improvement district tax, charge or similar
<br />imposition in substitution, partially or totally, of any assessment, tax, fee, levy, charge or similar
<br />imposition previously included within the definition of Taxes. It is the intention of Tenant and
<br />Lessor that all such new and increased assessments, taxes, fees, levies, charges and similar
<br />impositions be included within the definition of "Taxes" for the purpose of this Lease.
<br />(b) Any assessment, tax, fee, levy, charge or similar imposition allocable to or
<br />measured by the area of the Premises or the rent payable hereunder, including, without limitation,
<br />any gross income tax or excise tax levied by the city, county, state or federal government, or any
<br />political subdivision thereof, with respect to the receipt of such rent, or upon or with respect to the
<br />possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by
<br />Tenant of the Premises, or any portion thereof;
<br />(c) Any assessment, tax, fee, levy, charge or similar imposition upon this
<br />transaction or any document to which Tenant is a party, creating or transferring an interest or an
<br />estate in the Premises, including any possessory interest tax levied on the Tenant's interest under this
<br />Lease;
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