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4, MAINTENANCE, REPAIRS AND UTILITIES. <br />4.1 Repairs and Maintenance, <br />(a) Except as set forth in Section 7 in the context of a redevelopment of the <br />Property, Tenant agrees to, at its sole cost and expense, operate and maintain the Improvements <br />in good condition and repair. Upon the expiration or termination of this Lease, Tenant shall <br />deliver the Property to Landlord with all debris and personal property removed and in good <br />operating condition and repair, ordinary wear and tear excepted. <br />(b) Landlord may enter and inspect the Property at any time to determine the <br />manner in which it is being used, maintained and repaired, Landlord shall use commercially <br />reasonable efforts not to interfere with Tenant's operations at the Property. <br />(c) If any maintenance or repairs required to be made by Tenant hereunder are <br />not made within thirty (30) days after Tenant's receipt of written notice from Landlord (or if <br />such repairs cannot reasonably be completed during such period, to the extent Tenant does not <br />commence repair during such thirty (30) -day period and thereafter diligently prosecute such <br />repair to completion), Landlord may, at its option, make such repairs without liability to Tenant <br />for any loss or damage that may result by reason of such repairs (except to the extent such <br />liability or damage arises from Landlord's negligence or intentional misconduct), and Tenant <br />shall pay to Landlord immediately upon demand the cost of such maintenance or repairs together <br />with an amount equal to ten percent (10 %) thereof or the then current rate Landlord charges <br />other tenants pursuant to its city ordinance. <br />4.2 Utilities. Tenant shall be solely responsible for and promptly pay all charges for <br />all utilities (including without limitation gas, electric, fuel, water, sewer, telephone, trash) <br />separately metered on the Property which relate to the Improvements. Except to the extent <br />caused by the negligence or intentional misconduct of Landlord, its agents or employees, <br />Landlord shall not be liable for any interruption or failure in the supply or availability of any <br />utilities to the Property. <br />5. REAL ESTATE TAXES. <br />5.1 Taxes. Tenant shall be responsible for all taxes and assessments and other <br />charges levied against the Property due to Tenant's operations ( "Taxes "). "Taxes" shall mean: <br />(i) all real estate taxes and special assessments on the Property (adjusted after protest or <br />litigation, if any) which accrue during the Term of the Lease; (ii) any taxes levied in lieu of any <br />such real estate taxes or special assessments; (iii) all other levies, taxes, assessments, <br />governmental charges, water and sewer rents or charges, and all other charges or burdens of <br />whatsoever kind or nature, foreseen or unforeseen, charged upon the Property; and (iv) alI costs <br />and expenses directly incurred by Landlord in contesting the validity of, seeking a reduction of <br />or seeking to prevent an increase in any such real estate taxes or assessments. Landlord and <br />Tenant agree that all Taxes (unless attributable to improvements requested by Tenant) shall be <br />paid for over the maximum period allowed by law and that only those installments which fall due <br />during the term of this Lease shall be included in the Taxes payable by Tenant. Tenant shall be <br />3 <br />