2021-124 - Laserfiche WebLink

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Facility, as applicable, Licensor agrees to permit Licensee to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Licensor determines not to rebuild or restore the Property, Licensor will notify Licensee of such determination within thirty(30)days after the casualty or other harm. If Licensor does not so notify Licensee, and Licensee decides not to terminate under this Section, then Licensor will promptly rebuild or restore any portion of the Property interfering with or required for Licensee's Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Licensor agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored,unless Licensee places temporary transmission and reception facilities on the Property. 20. WAIVER OF LICENSOR'S LIENS. Licensor waives any and all lien rights it may have, statutory or otherwise,concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Licensor consents to Licensee's right to remove all or any portion of the Communication Facility from time to time in Licensee's sole discretion and without Licensor's consent. 21. TAXES. (a) Licensor shall be responsible for timely payment of all taxes and assessments levied upon the lands, improvements and other property of Licensor, including any such taxes that may be calculated by the taxing authority using any method, including the income method. Licensee shall be responsible for any taxes and assessments attributable to and levied upon Licensee's improvements on the Premises if and as set forth in this Section 21. Nothing herein shall require Licensee to pay any inheritance, franchise, income,payroll,excise,privilege,rent,capital stock,stamp,documentary,estate or profit tax,or any tax of similar nature,that is or may be imposed upon Licensor. (b) In the event Licensor receives a notice of assessment with respect to which taxes or assessments are imposed on Licensee's improvements on the Premises, Licensor shall provide Licensee with copies of each such notice immediately upon receipt, but in no event later than thirty(30)days after the date of such notice of assessment. Licensee shall reimburse Licensor for the tax or assessments identified on the notice of assessment on Licensee's improvements,which has been paid by Licensor. If Licensor seeks reimbursement from Licensee,Licensor shall,no later than thirty(30)days after Licensor's payment of the taxes or assessments for the assessed tax year, provide Licensee with written notice including evidence that Licensor has timely paid same, and Licensor shall provide to Licensee any other documentation reasonably requested by Licensee to allow Licensee to evaluate the payment and to reimburse Licensor. (c) For any tax amount for which Licensee is responsible under this Agreement,Licensee shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations,pay same under protest,or take such other steps as Licensee may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Licensor, Licensee, or both,with respect to the valuation of the Premises. Licensor shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Licensee and any refunds or rebates secured as a result of Licensee's action shall belong to Licensee,to the extent the amounts were originally paid by Licensee. 8 Cell Site Number: Cell Site Name: