FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)

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dampness or any other causes whatsoever, unless caused by or due to the failure of Owner to repair such condition(s) within a reasonable time (after written notice of the need for such repair is given to Owner by Tenant) and through no fault of Tenant. Neither Owner nor its employees or agents shall be liable for any latent defect in the Property. Nor shall Owner be liable for the negligence or misconduct, including but not limited to criminal acts, by maintenance or other personnel or con- tractors serving the Property, unless Owner is grossly negligent or guilty of willful misconduct. All property of Tenant kept or stored on the Property shall be so kept or stored at the risk of Tenant only, and Tenant shall hold Owner harmless from any claims arising out of damage to the same, including subrogation claims by Tenant-s insurance carriers, unless such damage shall be caused by the willful act or gross neglect of Owner and through no fault of Tenant. Nor shall any of the events or conditions set forth in this paragraph be deemed a constructive or actual eviction or entitle Tenant to any abatement or reduction of rent. Tenant shall give prompt notice to Owner with respect to any defects, fires or accidents Obach Tenant observes on the Property. ARTICLE 15. TAXES. Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or men ured by or on the rents payable under this Lease, including any gross income tax or excise tax with respect to the receipt of such rent or the possession, leasing or operation, use or occu- pancy of the Premises, but not including any net income, franchise, capital stock, estate or inheri- tance taxes of Owner. if any such tax is required to be paid to the governmental taxing entity directly by Owner, then Owner shall pay the amanit due and, upon demand, shall be fully reimbursed by Tenant for such payment. If such reimbursement is prohibited by law, then Owner shall have the option to terminate this lease in its entirety without having any liability to Tenant. Tenant shall also be liable for all taxes levied against the leasehold held by.Tenant or against any personal property, leasehold improvements, additions, alterations and trade fixtures placed by or for Tenant in, on or about the Premises or constructed by Owner for Tenant in the Premises; and if any such taxes are levied against Owner or Owners property, or if the assessed value of the Prop- erty is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and trade fixtures, and Owner pays any such taxes, Tenant, upon demand, shall fully reimburse Owner for the taxes so paid by Owner or for the proportion of such taxes resulting from such increase in any assessment, as additional rent hereunder. Tenant recognizes and understands that this Lease may create a possessory interest subject to prop- erty taxation. Tenant hereby agrees to pay property tax levied on such interest before said taxes become delinquent. ARTICLE 16. FO DIW, WFR. If, with 0wner`s written consent, Tenant holds possession of the Premises after the expiration of the term of this Lease, Tenant shall become a tenant from month to month upon the terms herein spe- cified but at a monthly rent equivalent to the higher of (a) rent computed at Owners then prevail- ing monthly rental rate per square foot for the next most comparable space or (b) the then rental (including escalation) paid by Tenant at the expiration of the term of this Lease, payable in advance on or before the first day of each month, and Tenant shall continue in possession and shall remain subject to the terms hereof until such tenancy shall be terminated by Owner, or until 30 days after Tenant shall have given to Owner a written notice of its intention to terminate such tenancy. If Tenant holds over after the expiration or earlier termination of the term hereof without the express written consent of Owner, Tenant shall become a tenant at sufferance only at 150 percent of the Chen prevailing market rate (as reasonably determined by Owner) for the Premises in effect upon the date of such expiration or earlier termination, to be prorated and paid on a daily basis, and otherwise upon the terms, covenants and conditions specified in this lease, so far as applicable. MAR 1988