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If any Real Estate Taxes for the Property are retroactively reduced by a Taxing Authority during the term of the Lease,the Government shall be entitled
<br /> to a proportional share of any tax refunds to which the Lessor is entitled,calculated in accordance with this Paragraph. Lessor acknowledges that it has
<br /> an affirmative duty to disclose to the Government any decreases in the Real Estate Taxes paid for the Property during the term of the Lease. Lessor
<br /> shall annually provide to the LCO all relevant tax records for determining whether a tax adjustment is due,irrespective of whether it seeks an adjustment
<br /> in any Tax Year.
<br /> If the Lease terminates before the end of a Tax Year,or if rent has been suspended,payment for the real estate tax increase due because of this section
<br /> for the Tax Year will be prorated based on the number of days that the Lease and the rent were in effect. Any credit due the Government after the
<br /> expiration or earlier termination of the Lease shall be made by a lump sum payment to the Government or as a rental credit to any succeeding Lease,
<br /> as determined in the LCO's sole discretion. Lessor shall remit any lump sum payment to the Government within 15 calendar days of payment or credit
<br /> by the Taxing Authority to Lessor or Lessor's designee. If the credit due to the Government is not paid by the due date,interest shall accrue on the late
<br /> payment at the rate established by the Secretary of the Treasury under Section 12 of the Contract Disputes Act of 1978,as amended(41 USC§611),
<br /> that is in effect on the day after the due date. The interest penalty shall accrue daily on the amount of the credit and shall be compounded in 30-day
<br /> increments inclusive from the first day after the due date through the payment date. The Government shall have the right to pursue the outstanding
<br /> balance of any tax credit using all such collection methods as are available to the United States to collect debts. Such collection rights shall survive the
<br /> expiration of this Lease.
<br /> In order to obtain a tax adjustment,the Lessor shall furnish the LCO with copies of all paid tax receipts,or other similar evidence of payment acceptable
<br /> to the LCO,and a proper invoice(as described in GSA Form 3517,General Clauses,552.270-31, Prompt Payment)for the requested tax adjustment,
<br /> including the calculation thereof. All such documents must be received by the LCO within 60 calendar days after the last date the real estate tax payment
<br /> is due from the Lessor to the Taxing Authority without payment of penalty or interest. FAILURE TO SUBMIT THE PROPER INVOICE AND EVIDENCE
<br /> OF PAYMENT WITHIN SUCH TIME FRAME SHALL CONSTITUTE A WAIVER OF THE LESSOR'S RIGHT TO RECEIVE A TAX ADJUSTMENT
<br /> PURSUANT TO THIS PARAGRAPH FOR THE TAX YEAR AFFECTED.
<br /> Tax Appeals. If the Government occupies more than 50 percent of the Building by virtue of this and any other Government Lease(s),the Government
<br /> may,upon reasonable notice,direct the Lessor to initiate a tax appeal,or the Government may elect to contest the assessed valuation on its own behalf
<br /> or jointly on behalf of Government and the Lessor. If the Government elects to contest the assessed valuation on its own behalf or on behalf of the
<br /> Government and the Lessor, the Lessor shall cooperate fully with this effort, including, without limitation, furnishing to the Government information
<br /> necessary to contest the assessed valuation in accordance with the filing requirements of the Taxing Authority, executing documents, providing
<br /> documentary and testimonial evidence,and verifying the accuracy and completeness of records. If the Lessor initiates an appeal at the direction of the
<br /> Government,the Government shall have the right to approve the selection of counsel who shall represent the Lessor with regard to such appeal,which
<br /> approval shall not be unreasonably withheld,conditioned or delayed,and the Lessor shall be entitled to a credit in the amount of its reasonable expenses
<br /> in pursuing the appeal.
<br /> 2.08 INTENTIONALLY DELETED
<br /> 2.09 OPERATING COSTS ADJUSTMENT(JUN 2012)
<br /> A. Beginning with the second year of the Lease and each year thereafter,the Government may pay annual incremental adjusted rent for changes
<br /> in costs for cleaning services, supplies, materials, maintenance, trash removal, landscaping, water, sewer charges, heating, electricity, and certain
<br /> administrative expenses attributable to occupancy.
<br /> B. The amount of adjustment will be determined by the LCO, based on the Lessor's receipts or paid invoices for items attributable to Operating
<br /> Costs from the prior 12-month period.The Lessor shall also submit a new Form 1217 that shows the changed costs from the previous Operating Costs
<br /> being paid by the Government. The LCO in her or his sole discretion will calculate the actual changes to Operating Costs and the price per RSF that
<br /> should be paid by the Government going forward.A Lease Amendment will be issued by the LCO to memorialize any change.
<br /> C. INTENTIONALLY DELETED.
<br /> D. INTENTIONALLY DELETED
<br /> 2.10 ADDITIONAL POST-AWARD FINANCIAL AND TECHNICAL DELIVERABLES(JUN 2012)
<br /> A. If the Lessor is a HUBZone small business concern(SBC)that did not waive the price evaluation preference,the Lessor shall provide a
<br /> certification within 10 days after Lease award to the LCO(or representative designated by the LCO)that the Lessor was an eligible HUBZone SBC on
<br /> the date of award. If it is determined within 20 days after award that a HUBZone SBC Offeror that has been awarded the Lease was not an eligible
<br /> HUBZone SBC at the time of award,and the HUBZone SBC Lessor failed to provide the LCO with information regarding a change to its HUBZone
<br /> eligibility prior to award,then the Lease shall be subject,at the LCO's discretion,to termination,and the Government will be relieved of all obligations
<br /> to the Lessor in such an event and not be liable to the Lessor for any costs,claims or damages of any nature whatsoever.
<br /> B. Within 10 days after Lease award,the Lessor shall provide to the LCO(or representative designated by the LCO)evidence of:
<br /> 1. A firm commitment of funds in an amount sufficient to perform the work.
<br /> 2. The names of at least two proposed construction contractors,as well as evidence of the contractors'experience,competency,and
<br /> performance capabilities with construction similar in scope to that which is required herein.
<br /> LEASE NO. 57-37135-21-FA, PAGE 13 LESSOR: GOVERNMENT: GSA TEMPLATE L100
<br /> REV(10/20)
<br /> FPAC V11.13.20
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