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maintenance or commission of any nuisance as now or hereafter defined by any statutory or <br />decisional law applicable to the Premises and District. <br />ARTICLE 4: TAXES AND UTILITIES <br />District to Pay Taxes <br />Section 4.01. To the extent that there are any, District shall pay during the term of this <br />lease, without abatement, deduction, or offset, any and all real and personal property taxes, <br />general and special assessments, and other charges (including any increase caused by a change <br />in the tax rate or by a change in assessed valuation) of any description levied or assessed during <br />the term of this lease by any governmental agency or entity (other than the City) on or against <br />the Premises, the improvements located on the Premises, personal property located on or in <br />the Premises or improvements, and the leasehold estate created by this lease. <br />Tax Hold Harmless Clause <br />Section 4.02. District shall indemnify and hold City and City's property, including the <br />Premises, and any improvements now or subsequently located on the Premises, free and <br />harmless from any liability, loss or damage resulting from any taxes, assessments, or other <br />charges required by this Article to be paid by District and from all interest, penalties, and other <br />sums imposed thereon and from any sales or other proceedings to enforce collection of any <br />such taxes, assessments or other charges. <br />Utilities <br />Section 4.03. District shall pay or cause to be paid, and hold City and City s property <br />including the Premises free and harmless from, all charges for the furnishing of gas, water, <br />electricity, telephone service, and other public utilities to the Premises during the lease's term <br />and for the removal of a garbage and rubbish from the Premises during the term of this lease. <br />All such utilities shall be separately metered to the Premises. <br />Payment by City <br />Section 4.04. Should District fail to pay within the time specified in this Article any <br />taxes, assessments, or other charges required by this Article to be paid by the District, City may, <br />without notice to or demand on District, pay, discharge, or adjust that tax, assessment, or other <br />charge for the benefit of District. In that event, District shall promptly on written demand of <br />City reimburse City for the full amount paid by City in paying, discharging, or adjusting that tax, <br />assessment or other charge together with interest thereon at the then -maximum legal rate <br />from the date of payment by City until the date of repayment by District. If this Article does not <br />specify the time within which District must pay any charge required by this Article, District shall <br />pay that charge before it becomes delinquent. <br />4911006.2 -- N261.19 <br />