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<br />(a) Maintenance; Repair. The Board of Education shall use, or cause to be used, the
<br />Leased Property in a careful and proper manner, in compliance with all applicable laws and
<br />regulations and, at its sole expense, shall service, repair, maintain and insure, or cause to be
<br />serviced, repaired, maintained and insured, the Leased Property so as to keep the Leased
<br />Property in good condition, repair, appearance and working order for the purposes intended,
<br />ordinary wear and tear excepted.
<br />(b) Taxes and Assessments. The Board of Education shall also pay, or cause to be
<br />paid, all taxes and assessments, including, but not limited to, utility charges, of any type or
<br />nature levied, assessed or charged against any portion of the Leased Property, provided that with
<br />respect to special assessments or other governmental charges that may lawfully be paid in
<br />installments over a period of years, the Board of Education shall be obligated to pay only such
<br />installments as are required to be paid as and when the same become due.
<br />(c) Contests. The Board of Education may, at its sole expense and in its name, in
<br />good faith contest any such taxes, assessments, utility and other charges and, if any such contest
<br />occurs, may permit the taxes, assessments or other charges so contested to remain unpaid during
<br />the period of such contest and any appeal, therefrom, but before such non-payment, it shall
<br />furnish the County with the opinion of a counsel acceptable to the County, to the effect that, by
<br />non-payment of any such items, the interest of the County in the Leased Property will not be
<br />materially endangered and that the Leased Property will not be subject to loss or forfeiture. The
<br />County will cooperate fully in such contest on the request and at the expense of the Board of
<br />Education.
<br />Section 7.3 Modification of Leased Property, Liens.
<br />(a) Additions, Modifications and Improvements.. The Board of Education shall, at its
<br />own expense, have the right to make, or cause to be made, additions, modifications and
<br />improvements to any portion of the Leased Property if such additions, modifications or
<br />improvements are necessary or beneficial for the use of such portion of the Leased Property. All
<br />such additions, modifications and improvements shall thereafter comprise part of the Leased
<br />Property and be subject to the provisions of this Lease. Such additions, modifications and
<br />improvements shall not in any way damage any portion of the Leased Property or cause it to be
<br />used for purposes other than those authorized under the provisions of State and federal law.
<br />Except as provided in this Article and except as the County may consent thereto, which
<br />consent shall not be unreasonably withheld, the Board of Education shall not, directly or
<br />indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge,
<br />encumbrance or claim on or with respect to the Leased Property, other than the respective rights
<br />of the Board of Education and the County as herein provided. Except as provided in this Article,
<br />the Board of Education shall promptly, at its own expense, take such action as may be necessary
<br />to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim for
<br />which it is responsible, if the same shall arise at any time; provided that the Board of Education
<br />may contest such liens, charges, encumbrances, or claims if it desires to do so. The Board of
<br />Education shall reimburse the County for any expense incurred by the County in order to
<br />discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim.
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<br />Attachment number 3
<br />Page 92 of 320
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