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C. To the extent applicable,Lessee will install signage indicating that portions of the Leased
<br /> Premises are included within an aircraft movement area,the location, size and wording of
<br /> which must be reasonably approved by Lessor prior to installation.
<br /> ARTICLE 6: UTILITIES AND TAXES
<br /> 6.01 Utilities. Except as provided in Section 4.01, Lessee agrees and covenants that it will pay for all
<br /> utilities used by it on the Leased Premises, including all costs charged or necessary for utility
<br /> connection fees,the installation of meters, any deposits and any other customary prerequisites for
<br /> such utility service or replacements thereof. Upon commencement of construction of Lessee
<br /> Improvements,Lessee shall cause the electric utility provider to bill Lessee directly for electricity
<br /> service. If applicable, Lessee must first obtain, in writing, permission from Lessor before
<br /> undertaking any utility improvements that impact Lessor's property. In addition, Lessee shall
<br /> maintain and repair all utility service lines located on and serving the Leased Premises, except to
<br /> the extent such maintenance or repair is the obligation of the utility company providing such utility
<br /> service. Except for its gross negligence or willful misconduct operating in its capacity as a utility
<br /> provider, Lessor shall not be liable for any interruption or impairment in utility services to the
<br /> Leased Premises;provided,in the event City-provided utility service is not available to the Leased
<br /> Premises for a period of forty-five(45)consecutive days or longer,Rent shall be abated. Any such
<br /> abatement shall be applicable to the period between the date of interruption and the date services
<br /> are resumed.
<br /> 6.02 Taxes.
<br /> a. In entering into this Lease, Lessee understands that it will be solely responsible for the
<br /> payment of ad valorem taxes, if any,that are assessed against all or any portion of(i)the
<br /> Improvements, (ii)Lessee's equipment, inventory and other personal property, including,
<br /> but not limited to, any Lessee aircraft used for commercial purposes, or (iii) Lessee's
<br /> interest in the leasehold estate.For the avoidance of doubt,Lessee's obligations under this
<br /> subsection include payment on behalf of the City of any ad valorem taxes assessed directly
<br /> to the City.
<br /> b. Lessee shall pay, when due, all sales, excise, income and other taxes levied upon its
<br /> business operations at the Leased Premises.
<br /> C. Lessee may, at Lessee's expense, contest the validity or amount of any taxes for which
<br /> Lessee is responsible under this Section 6.02,in which event,the payment thereof may be
<br /> deferred, as permitted by Applicable Law, during the pendency of such contest.
<br /> Notwithstanding the foregoing, no such taxes shall remain unpaid for such length of time
<br /> as would permit the Premises, any Improvements or any part thereof to be sold or seized
<br /> by any governmental authority for nonpayment of the same. If at any time, in Lessor's
<br /> reasonable judgment,it shall become necessary to do so,Lessor may,after notice to Lessee,
<br /> under protest,pay such amount of the taxes as may be required to prevent a sale or seizure
<br /> of or foreclosure of any lien created thereon by such item. The amount so paid by Lessor
<br /> shall be promptly paid on demand by Lessee to Lessor, and, if not so paid, such amount,
<br /> together with interest thereon from the date advanced until paid, shall be deemed an event
<br /> of default under Article 15.01(a). Lessee shall promptly furnish Airport Management with
<br /> copies of all proceedings and documents with regard to any tax contest, and Lessor may,
<br /> at its expense,participate therein.
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