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17 <br /> which does not constitute a part of the Premises, may be removed <br /> by Tenant at any time and from time to time while Tenant is not <br /> in default under this Lease; and provided further, that any <br /> damage to the Premises occasioned by such removal shall be <br /> repaired by Tenant at its own expense. Tenant will not permit <br /> any mechanics' lien, security interest or other encumbrance to <br /> remain against the Premises for labor or materials furnished in <br /> connection with any additions, modifications, improvements, <br /> repairs, renewals or replacements so made by it; provided, that <br /> if Tenant shall first notify Landlord of its intention so to do, <br /> Tenant may in good faith contest any mechanics' or other liens <br /> filed or established against the Premises, and in such event may <br /> permit the item so contested to remain undischarged and <br /> unsatisfied during the period of such contest and any appeal <br /> therefrom unless Landlord shall notify Tenant that, in the <br /> opinion of independent counsel, by nonpayment of any such items, <br /> Landlord's title to the Premises will be materially endangered or <br /> the Premises or any part thereof will be subject to loss or <br /> forfeiture, in which event Tenant shall promptly pay and cause to <br /> be satisfied and discharge all such unpaid items. Landlord will, <br /> at the expense of Tenant, cooperate fully with Tenant in any such <br /> lien contest. <br /> 5. Taxes. Assessments and Utilities. Tenant will promptly <br /> pay, as the same become due, all taxes and other government <br /> charges of any kind whatsoever that may at any time be lawfully <br /> assessed or levied against or with respect to the Premises or any <br /> interest therein or any machinery, equipment or other property <br /> installed or located on the Premises, including all ad valorem <br /> taxes lawfully assessed. Tenant will promptly pay, as the same <br /> become due, all utility and other charges incurred in the <br /> operation, maintenance, use, occupancy and upkeep of the Premises <br /> and all assessments and charges lawfully made by any governmental <br /> body for public improvements that may be secured by lien on the <br /> Premises; provided that with respect to special assessments or <br /> other governmental charges that may be lawfully paid in <br /> installments over a period of years, Tenant shall be obligated to <br /> pay only such installments as are required to be paid during the <br /> Term. <br /> At the commencement of this Lease the Premises will be owned <br /> by Landlord and will thereafter, on January 1, 1998, be exempt <br /> from ad valorem property taxes as provided in Article V, Section <br /> 2(3) of the North Carolina Constitution and North Carolina <br /> General Statutes- 5 105-278. 1. During the Term, Tenant agrees to <br /> make payments to Landlord and to any municipality in which the <br /> Premises .is located, in lieu of taxes, in amounts equivalent to <br /> the amount of property tax that would be lawfully assessed if the <br /> Premises were taxable -by Landlord and any municipality in which <br /> the Premises is located. This agreement to make payments in lieu <br /> of taxes in amounts equivalent to the amount of property tax that <br /> would otherwise be lawfully assessed is to eliminate the <br /> competitive advantage accruing to Tenant, a profit-making <br /> ° enterprise, from the use for profit of Landlord's tax exempt <br /> 7 <br />