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<br />(d) Any assessment, tax, fee, levy, charge or similar imposition by any
<br />governmental agency related to any transportation plan, fund or system instituted within the
<br />geographic area of which the Premises are a part.
<br />The definition of "Taxes," including any additional tax the nature of which was previously included
<br />within the definition of "Taxes," shall include any increases in such taxes, levies, charges or
<br />assessments occasioned by increases in tax rates or increases in assessed valuations, whether
<br />occurring as a result of a sale or otherwise.
<br />3.6.3. Contest of Taxes. Tenant shall have the right to contest, oppose or object to
<br />the amount or validity of any Taxes or other charge levied on or assessed against the Premises and/or
<br />Improvements or any part thereof, provided, however, that the contest, opposition or objection must
<br />be filed before such time the Taxes or other charge at which it is directed becomes delinquent.
<br />Furthermore, no such contest, opposition or objection shall be continued or maintained after the date
<br />the tax, assessment or other charge at which it is directed becomes delinquent unless Tenant has
<br />either: (i) paid such tax, assessment or other charge under protest prior to its becoming delinquent; or
<br />(ii) obtained and maintained a stay of all proceedings for enforcement and collection of the tax,
<br />assessment or other charge by posting such bond or other matter required by law for such a stay; or
<br />(iii) delivered to Lessor a good and sufficient undertaking in an amount specified by Lessor and
<br />issued by a bonding corporation authorized to issue undertakings in California conditioned on the
<br />payment by Tenant of the tax, assessments or charge, together with any fines, interest, penalties,
<br />costs and expenses that may have accrued or been imposed thereon within thirty (30) days after final
<br />determination of Tenant's contest, opposition or objection to such tax, assessment or other charge.
<br />3.6.4. Payment by Lessor. Should Tenant fail to pay any Taxes required by this
<br />Article III to be paid by Tenant within the time specified herein, subject to Tenant's right to contest
<br />such Taxes in accordance with Section 3.6.3, and if such amount is not paid by Tenant within fifteen
<br />(15) days after receipt of Lessor's written notice advising Tenant of such nonpayment, County and/or
<br />Agency may, without further notice to or demand on Tenant, pay, discharge or adjust such tax,
<br />assessment or other charge for the benefit of Tenant. In such event Tenant shall promptly on written
<br />demand of County or Agency reimburse County and/or Agency for the full amount paid by County
<br />and/or Agency in paying, discharging or adjusting such tax, assessment or other charge, together with
<br />interest at the Interest Rate from the date advanced until the date repaid.
<br />3.6.5. Operating Costs. Tenant shall pay all Operating Costs during the Term prior
<br />to delinquency. As used in this Lease, the term "Operating Costs" shall mean all charges, costs and
<br />expenses related to the Premises, including, but not limited to, management, operation, maintenance,
<br />overhaul, improvement, replacement or repair of the Improvements and/or the Premises.
<br />3.6.6. Utility Costs. Tenant shall pay all Utility Costs during the Term prior to
<br />delinquency. As used in this Lease, the term "Utility Costs" shall include all charges, surcharges,
<br />taxes, connection fees, service fees and other costs of installing and using all utilities required for or
<br />utilized in connection with the Premises and/or the Improvements, including without limitation, costs
<br />of heating, ventilation and air conditioning for the Premises, costs of furnishing gas, electricity and
<br />other fuels or power sources to the Premises, and the costs of furnishing water and sewer services to
<br />the Premises. Tenant agrees to indemnify and hold harmless the County and Agency against any
<br />liability, claim, or demand for the late payment or non-payment of Utility Costs.
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