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payment by Lessor. Subject to the rights of the Mortgagees to <br />cure such default, failure by Lessee to pay any such tax, <br />assessment, or other charge shall be a default by Lessee under <br />this Lease. <br />(c) The provisions of this Lease shall not be deemed <br />to require Lessee to pay municipal, county, state or federal <br />income or gross receipts or excess profits taxes assessed against <br />Lessor, or municipal, county, state or federal capital levy, or <br />transfer tax of Lessor, or corporation franchise taxes imposed <br />upon the fee owner of the Land. Lessee agrees to promptly send <br />to Lessor copies of any and all notices received by it regarding <br />any taxes or assessments affecting the Land which are the <br />responsibility of the Lessor, pursuant to the terms hereof. <br />12. Lessee's Riaht to Contest. Lessee shall have the right <br />to contest the amount or validity of any tax or assessment to be <br />paid by Lessee under Section 11 or the amount or validity of any <br />lien of the nature set forth in Section 15 below. Lessee may <br />exercise its right to contest by giving Lessor written notice of <br />Lessee's intention to do so at least 10 days prior to the <br />delinquency of such tax, assessment, charge or other item, or <br />within 20 days after the recording of such lien, as the case may <br />be, and by posting a bond reasonably satisfactory to Lessor. In <br />any such case Lessee shall not be in default hereunder, and <br />Lessor shall not satisfy and discharge such lien or pay such tax, <br />assessment, charge or other item, until 10 days after the final <br />determination of the amount or validity thereof. Within such <br />time Lessee shall satisfy and discharge the lien or pay the tax <br />or assessment to the extent held valid, including all penalties, <br />interest and costs. Lessee shall not, however, in any case, <br />delay payment so that execution is had upon any judgment rendered <br />or a sale is made or threatened to be made of all or part of the <br />Project on account thereof, and any such delay shall constitute <br />an event of default by Lessee hereunder. In the event of any <br />C:GDLEASE.EHI -19- <br />