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applicable law is silent on or expressly disallows deferring payment pending the contest of <br />validity, Lessee shall timely pay any Imposition that is subject to dispute under protest, reserving <br />any and all rights for repayment from the applicable taxing entity if resolution of such contest <br />results in a decision or judgment in Lessee's favor. <br />(b) As may be necessary or desirable, Lessor or Lessee, as applicable, upon <br />the request of the other Party, shall use its best reasonable efforts to assist in any such proceeding <br />to contest the validity or amount of any Imposition. <br />Section 5.4 Valuation Assessment/Property Tax Exemption. If applicable, Lessee may <br />attempt to obtain a lowering of the assessed valuation of the Leased Premises for any year or <br />obtain a property tax exemption for the purpose of reducing taxes thereon. In such event, upon <br />Lessee's request, Lessor shall use its reasonable efforts to assist Lessee in such endeavor; <br />provided, however, that Lessor shall incur no liability or otherwise be construed as being in <br />default under this Lease for any assistance (or limitation of assistance) provided to Lessee <br />pursuant to this Section. <br />Section 5.5 Failure to Pay Impositions. If Lessee shall fail to pay any Impositions <br />before the same become delinquent, except if Lessee is in good faith contesting such Impositions <br />pursuant to Section 5.3 hereof, Lessor, at its election, may pay such Impositions (but shall not be <br />obligated to pay same), together with any interest and penalties due thereon, and the amount so <br />paid by Lessor shall be repayable to Lessor by Lessee, with an additional interest payment <br />payable to Lessor in an amount of 10% of the total payment (including interest and payments) <br />paid by Lessor for the Imposition, or the maximum amount of interest allowable pursuant to law, <br />whichever is less, within thirty (30) days as Additional Rent hereunder. <br />Section 5.6 Utilities. Lessee shall pay all charges for all utilities used, rendered or <br />supplied upon or in connection with the Improvements and the operation or construction thereof <br />including, but not limited to, all charges for gas, electricity, light, heat or power, all telephone <br />and other communications services, all water rents and sewer service charges, and all sanitation <br />fees or charges (all of the foregoing, collectively "Utility Charges") levied or charged against the <br />Leased Premises during the Term; provided, however, that Lessee shall have no responsibility <br />hereunder for the payment of Utility Charges for utilities supplied by the respective providers <br />directly to Tenants for such Tenants' use in connection with the occupancy of their respective <br />residential units unless otherwise provide in the applicable Tenant Lease. Notwithstanding any <br />contrary provision of this Lease, Lessor shall have no responsibility for payment of any Utility <br />Charges. <br />ARTICLE 6. <br />INSURANCE <br />Section 6.1 Required Insurance Coverage. Standard "All Risk" Casualty and Fire and <br />Extended Coverage Endorsement. Lessee shall during the Lease Term keep the Leased Premises <br />insured against loss or damage by a standard all risk policy, excluding earthquake risks, in <br />amounts such that the proceeds of such insurance shall not be less than the full replacement value <br />of the Leased Premises unless otherwise consented to in writing by Lessor and the other Lenders. <br />13 <br />OAK #4823-7863-2026 v2 <br />