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10. TAXES. <br />10.1 Real Property Taxes. Lessee shall pay all real property taxes assessed <br />against the Leased Premises prior to delinquency (except in the case of contests of <br />such taxation made in good faith). Upon final determination of the real property tax <br />liability after a tax contest, Lessee shall promptly pay the amount of real property <br />taxes owed. If the real property or possessory interest tax liability of Lessee (exclusive <br />of interest and penalties) in any Lease Year exceeds $100,000 adjusted annually <br />from the Commencement Date by two percent (2%) compounded per annum, Lessor <br />and Lessee will split the exceedance equally. Lessor may pay its obligation hereunder <br />by permitting Lessee to off -set such amount from rental payments otherwise due from <br />Lessee. Lessor and Lessee will cooperate on any challenge to the assessment of real <br />property taxes against the Leased Premises. <br />10.2 Definition of Real Property Taxes. The term "real property taxes" as <br />used herein means any fee, license fee, commercial rental tax, possessory interest tax, <br />assessment, penalty or tax imposed by any taxing authority against the Leased <br />Premises. However, the term "real property taxes" does not include any special <br />assessment imposed against Leased Premises for improvements made in connection <br />with the construction of the Leased Premises or any adjacent property owned by <br />Lessor or any affiliate of Lessor. <br />10.3 Other Taxes. Lessee shall pay all other taxes, license fees or other <br />governmental charges assessed or imposed on the Personal Property owned by Lessee <br />located on the Leased Premises or upon the business operations of Lessee conducted <br />on the Leased Premises, but Lessee's responsibility pursuant to this Section shall not <br />include any extraordinary charges or one-time assessments. Should Lessor impose a <br />special recreational or admissions tax upon the business operations of Lessee, Lessee <br />may deduct from its rental payment hereunder the amount of such tax by Lessee. <br />11. UTILITIES. <br />Lessee shall pay before delinquency all charges for utilities, including water, <br />electricity, gas, heating, cooling, CATV, waste and storm water discharge, and <br />telephone. <br />LEASE AGREEMENT BETWEEN <br />CITY OF SAN LEANDRO AND AMERICAN GOLF PAGE 14 <br />11/13/97 FINAL, 1.\WPD\CSL\136\01\AGREE\GOLFCOURWGREE\LEASE.CLN <br />