Common use of Deposits for Impositions Clause in Contracts

Deposits for Impositions. (a) In order to assure the payment of all Impositions, Tenant, upon the demand of Landlord at any time after the occurrence of an Event of Default hereunder, shall deposit with Depository on the first day of each month during the Term, an amount equal to one-twelfth (1/12th) of the annual Impositions then in effect. (b) If at any time the monies so deposited by Tenant shall be insufficient to pay the next installment of Impositions then due, Tenant shall after demand therefor by Landlord deposit the amount of the insufficiency with Depository to enable Depository to pay the next installment of Impositions at least thirty (30) days prior to the Due Date thereof. (c) Depository shall hold the deposited monies in a segregated, interest-bearing special account for the purpose of paying the charges for which such amounts have been deposited as they become due, and Depository shall apply the deposited monies for such purpose nor later than the Due Date for such charges. (d) If at any time the amount of any Imposition is increased or Landlord receives information from the entity or entities imposing such Imposition that an Imposition will be increased, and if the monthly deposits then being made by Tenant under this Section 5.01 would be insufficient to pay such Imposition thirty (30) days prior to the Due Date thereof, then upon notice from Landlord to Tenant of such fact, the monthly deposits shall thereupon be increased and Tenant shall deposit immediately with Depository sufficient monies for the payment of the increased Imposition. Thereafter, the monthly payments shall be adjusted so that Depository shall receive from Tenant sufficient monies to pay each Imposition at least thirty (30) days prior to the Due Date of such Imposition. (e) For the purpose of determining whether Depository has on hand sufficient monies to pay any particular Imposition at least thirty (30) days prior to the Due Date thereof, deposits for each category of Imposition shall be treated separately. Depository shall not be obligated to use monies deposited for the payment of an Imposition not yet due and payable for the payment of an Imposition that is due and payable. (f) Notwithstanding the foregoing, (i) deposited monies may be held by Depository in a single bank account, provided such account is segregated and interest-bearing and (ii) Depository shall, at Landlord's option and direction and if Tenant shall fail to make any payment or perform any obligation required under this Lease, use any monies deposited pursuant to Articles 4 or 5 for the payment of any Rental. (g) If this Lease shall be terminated by reason of any Event of Default or if dispossession occurs pursuant to Section 24.03(b), all deposited monies under this Article 5 then held by Depository shall be paid to and applied by Landlord in payment of any and all sums due under this Lease and Tenant shall promptly pay the resulting deficiency. All monies deposited under this Article 5, together with interest earned thereon, if any, shall be paid to Tenant promptly after the Expiration Date or promptly after Tenant terminates this Lease in accordance with the provisions of Section 2.03 or Article 43 hereof. (h) Any interest paid on monies deposited pursuant to this Article 5 shall be applied against amounts thereafter becoming due and payable by Tenant or returned to Tenant, as aforesaid. (i) Anything in this Article 5 to the contrary notwithstanding, if the Event of Default which gave rise to Landlord having demanded that Tenant make deposits under this Section 5.01 shall have been cured by Tenant and for a period of six (6) consecutive months following such cure no Default shall have occurred under this Lease, then, at any time after the expiration of such six (6) month period, promptly upon the demand of Tenant, provided that Tenant is not then in Default under this Lease, all monies deposited under this Article 5 then held by Depository, with the interest, if any, accrued thereon, shall be returned to Tenant and Tenant shall not be required to make further deposits under this Article 5 unless and until there shall occur a subsequent Event of Default and Landlord shall make demand upon Tenant to make deposits for Impositions. (j) In the event that a Mortgagee (provided such Mortgagee be an Institutional Lender) shall require Tenant to deposit funds to insure payment of Impositions, any amount so deposited by Tenant with such Mortgagee shall be credited against the amount, if any, which Tenant would otherwise be required to deposit under this Article 5. Section 5.02. If Landlord ceases to have any interest in the Premises, and provided that the Person acquiring Landlord's interest in the Premises agrees (in writing) to assume from and after the date of the transfer all of Landlord's obligations with respect to the deposits made pursuant to Section 5.01, Landlord promptly shall transfer to such Person all of Landlord's rights with respect to such deposits. Upon such transfer and notice thereof to Tenant, the transferor shall be released from all liability with respect thereto, the transferee shall assume from and after the date of such transfer all of Landlord's obligations with respect to such deposits and Tenant shall look solely to the transferee with respect thereto. The provisions hereof shall apply to each successive transfer of the deposits. Section 5.03. Landlord shall have no liability to Tenant arising out of, or related to, any acts or omissions of Depository.

Deposits for Impositions. (a) In order to assure the payment of all Impositions, Tenant, upon Upon the demand of Landlord at any time after Mortgagee, and in addition to the occurrence payments of an Event principal and interest payable under the terms of Default hereunderthe Notes, Mortgagor shall deposit with Depository on pay to Mortgagee each month, until all the first day of each month during the TermIndebtedness secured hereby is fully paid, an amount equal to one-twelfth (1/12th1/12) of the annual Impositions then in effect. (b) If at any time the monies so deposited by Tenant shall be insufficient to pay Mortgagee's estimate of the next installment of Impositions then dueannual Impositions. Mortgagor shall also pay to Mortgagee such additional amounts, Tenant shall after demand therefor to be determined by Landlord deposit the amount of the insufficiency with Depository Mortgagee from time to enable Depository to pay the next installment of Impositions time, as will provide a sufficient fund at least thirty (30) days days' prior to the Due Date thereof. (c) Depository due dates of the next installment of such Impositions for payment of such Imposition. Amounts held hereunder by Mortgagee shall hold not bear interest and may be commingled with Mortgagee's other funds. Provided that no event has occurred which with the deposited monies passage of time or the giving of notice or both would constitute an Event of Default hereunder, amounts held by Mortgagee pursuant to this paragraph 7.12 shall be made available to Mortgagor in a segregated, interest-bearing special account for sufficient time to allow Mortgagor to satisfy Mortgagor's obligations under the purpose Loan Documents to pay Impositions. Upon an Event of paying the charges for which such amounts have been deposited as they become due, and Depository shall apply the deposited monies for such purpose nor later than the Due Date for such charges. (d) If at any time the amount of any Imposition is increased or Landlord receives information from the entity or entities imposing such Imposition that an Imposition will be increased, and if the monthly deposits then being made by Tenant Default under this Section 5.01 would be insufficient Mortgage, Mortgagee may, at its option, without being required so to pay do, apply any deposits on hand to any of the Indebtedness, in such Imposition thirty (30) days prior to the Due Date thereof, then upon notice from Landlord to Tenant of such fact, the monthly order and manner as Mortgagee may elect. All deposits shall thereupon be increased and Tenant shall deposit immediately with Depository sufficient monies are hereby pledged as additional security for the payment of the increased Imposition. ThereafterIndebtedness and performance of the Obligations, the monthly payments and shall be adjusted so that Depository shall receive from Tenant sufficient monies held by Mortgagee irrevocably to pay each Imposition at least thirty (30) days prior to be applied for the Due Date of such Imposition. (e) For the purpose of determining whether Depository has on hand sufficient monies to pay any particular Imposition at least thirty (30) days prior to the Due Date thereof, deposits purposes for each category of Imposition shall be treated separately. Depository which made as herein provided and shall not be obligated subject to use monies deposited the direction or control of Mortgagor. If Mortgagee elects, Mortgagor shall provide, at its expense, a tax service contract for the payment term of an Imposition this Mortgage, issued by a tax reporting agency approved by Mortgagee. If Mortgagee does not yet due and payable so elect, Mortgagor shall reimburse Mortgagee for the payment cost of an Imposition that is due and payablemaking annual tax searches throughout the term of this Mortgage. (f) Notwithstanding the foregoing, (i) deposited monies may be held by Depository in a single bank account, provided such account is segregated and interest-bearing and (ii) Depository shall, at Landlord's option and direction and if Tenant shall fail to make any payment or perform any obligation required under this Lease, use any monies deposited pursuant to Articles 4 or 5 for the payment of any Rental. (g) If this Lease shall be terminated by reason of any Event of Default or if dispossession occurs pursuant to Section 24.03(b), all deposited monies under this Article 5 then held by Depository shall be paid to and applied by Landlord in payment of any and all sums due under this Lease and Tenant shall promptly pay the resulting deficiency. All monies deposited under this Article 5, together with interest earned thereon, if any, shall be paid to Tenant promptly after the Expiration Date or promptly after Tenant terminates this Lease in accordance with the provisions of Section 2.03 or Article 43 hereof. (h) Any interest paid on monies deposited pursuant to this Article 5 shall be applied against amounts thereafter becoming due and payable by Tenant or returned to Tenant, as aforesaid. (i) Anything in this Article 5 to the contrary notwithstanding, if the Event of Default which gave rise to Landlord having demanded that Tenant make deposits under this Section 5.01 shall have been cured by Tenant and for a period of six (6) consecutive months following such cure no Default shall have occurred under this Lease, then, at any time after the expiration of such six (6) month period, promptly upon the demand of Tenant, provided that Tenant is not then in Default under this Lease, all monies deposited under this Article 5 then held by Depository, with the interest, if any, accrued thereon, shall be returned to Tenant and Tenant shall not be required to make further deposits under this Article 5 unless and until there shall occur a subsequent Event of Default and Landlord shall make demand upon Tenant to make deposits for Impositions. (j) In the event that a Mortgagee (provided such Mortgagee be an Institutional Lender) shall require Tenant to deposit funds to insure payment of Impositions, any amount so deposited by Tenant with such Mortgagee shall be credited against the amount, if any, which Tenant would otherwise be required to deposit under this Article 5. Section 5.02. If Landlord ceases to have any interest in the Premises, and provided that the Person acquiring Landlord's interest in the Premises agrees (in writing) to assume from and after the date of the transfer all of Landlord's obligations with respect to the deposits made pursuant to Section 5.01, Landlord promptly shall transfer to such Person all of Landlord's rights with respect to such deposits. Upon such transfer and notice thereof to Tenant, the transferor shall be released from all liability with respect thereto, the transferee shall assume from and after the date of such transfer all of Landlord's obligations with respect to such deposits and Tenant shall look solely to the transferee with respect thereto. The provisions hereof shall apply to each successive transfer of the deposits. Section 5.03. Landlord shall have no liability to Tenant arising out of, or related to, any acts or omissions of Depository.

Deposits for Impositions. Mortgagor will pay or cause to be ------------------------ paid, to Mortgagee or at the option of Mortgagee, to an escrow agent designated by Mortgagee, on dates upon which interest on the Notes is payable, such amounts as Mortgagee from time to time estimates are necessary to create and maintain a reserve fund to be held by Mortgagee or such escrow agent without interest, except such interest as may be required by applicable law, from which, subject to this section 2.08, to pay before the same become due, all Impositions (aincluding, without limitation, all taxes, assessments, liens and charges on or against the Mortgaged Premises and any part thereof) and hazard insurance premiums, provided that Mortgagor shall not be required to deposit amounts into -------- the reserve fund on account of hazard insurance premiums to the extent that Mortgagor delivers to Mortgagee prepaid hazard insurance policies for the ensu- ing year at least 60 days prior to the expiration of the existing hazard insurance policies. Payments from such reserve fund for such purposes may be made at Mortgagee's discretion even though subsequent owners of the Mortgaged Premises or any part thereof may benefit thereby. In order the event of any default under the terms of this Mortgage, any part or all of such reserve fund may be applied to assure any part of the indebtedness secured hereby and in refunding any part of such reserve fund, Mortgagee may deal with whomever is represented to be the owner of the Mortgaged Premises or such part thereof at that time. If one month prior to the due date of any of the aforementioned obligations the amounts then on deposit therefor shall be insufficient for the payment of all Impositionssuch obligation in full, Tenant, upon the demand of Landlord at any time Mortgagor within ten (10) days after the occurrence of an Event of Default hereunder, written notice from Mortgagee shall deposit with Depository on the first day of each month during the Term, an amount equal to one-twelfth (1/12th) of the annual Impositions then in effect. (b) If at any time the monies so deposited by Tenant shall be insufficient to pay the next installment of Impositions then due, Tenant shall after demand therefor by Landlord deposit the amount of the insufficiency deficiency with Depository to enable Depository to pay the next installment of Impositions at least thirty (30) days prior to the Due Date thereofor as directed by Mortgagee. (c) Depository shall hold the deposited monies in a segregated, interest-bearing special account for the purpose of paying the charges for which such amounts have been deposited as they become due, and Depository shall apply the deposited monies for such purpose nor later than the Due Date for such charges. (d) If at any time the amount of any Imposition is increased or Landlord receives information from the entity or entities imposing such Imposition that an Imposition will be increased, and if the monthly deposits then being made by Tenant under this Section 5.01 would be insufficient to pay such Imposition thirty (30) days prior to the Due Date thereof, then upon notice from Landlord to Tenant of such fact, the monthly deposits shall thereupon be increased and Tenant shall deposit immediately with Depository sufficient monies for the payment of the increased Imposition. Thereafter, the monthly payments shall be adjusted so that Depository shall receive from Tenant sufficient monies to pay each Imposition at least thirty (30) days prior to the Due Date of such Imposition. (e) For the purpose of determining whether Depository has on hand sufficient monies to pay any particular Imposition at least thirty (30) days prior to the Due Date thereof, deposits for each category of Imposition shall be treated separately. Depository shall not be obligated to use monies deposited for the payment of an Imposition not yet due and payable for the payment of an Imposition that is due and payable. (f) Notwithstanding the foregoing, (i) deposited monies may be held by Depository in a single bank account, provided such account is segregated and interest-bearing and (ii) Depository shall, at Landlord's option and direction and if Tenant shall fail to make any payment or perform any obligation required under this Lease, use any monies deposited pursuant to Articles 4 or 5 for the payment of any Rental. (g) If this Lease shall be terminated by reason of any Event of Default or if dispossession occurs pursuant to Section 24.03(b), all deposited monies under this Article 5 then held by Depository shall be paid to and applied by Landlord in payment of any and all sums due under this Lease and Tenant shall promptly pay the resulting deficiency. All monies deposited under this Article 5, together with interest earned thereon, if any, shall be paid to Tenant promptly after the Expiration Date or promptly after Tenant terminates this Lease in accordance with the provisions of Section 2.03 or Article 43 hereof. (h) Any interest paid on monies deposited pursuant to this Article 5 shall be applied against amounts thereafter becoming due and payable by Tenant or returned to Tenant, as aforesaid. (i) Anything in this Article 5 to the contrary notwithstanding, if the Event of Default which gave rise to Landlord having demanded that Tenant make deposits under this Section 5.01 shall have been cured by Tenant and for a period of six (6) consecutive months following such cure no Default shall have occurred under this Lease, then, at any time after the expiration of such six (6) month period, promptly upon the demand of Tenant, provided that Tenant is not then in Default under this Lease, all monies deposited under this Article 5 then held by Depository, with the interest, if any, accrued thereon, shall be returned to Tenant and Tenant shall not be required to make further deposits under this Article 5 unless and until there shall occur a subsequent Event of Default and Landlord shall make demand upon Tenant to make deposits for Impositions. (j) In the event that a Mortgagee (provided such Mortgagee be an Institutional Lender) shall require Tenant to deposit funds to insure payment of Impositions, any amount so deposited by Tenant with such Mortgagee shall be credited against the amount, if any, which Tenant would otherwise be required to deposit under this Article 5. Section 5.02. If Landlord ceases to have any interest in the Premises, and provided that the Person acquiring Landlord's interest in the Premises agrees (in writing) to assume from and after the date of the transfer all of Landlord's obligations with respect to the deposits made pursuant to Section 5.01, Landlord promptly shall transfer to such Person all of Landlord's rights with respect to such deposits. Upon such transfer and notice thereof to Tenant, the transferor shall be released from all liability with respect thereto, the transferee shall assume from and after the date of such transfer all of Landlord's obligations with respect to such deposits and Tenant shall look solely to the transferee with respect thereto. The provisions hereof shall apply to each successive transfer of the deposits. Section 5.03. Landlord shall have no liability to Tenant arising out of, or related to, any acts or omissions of Depository.

Deposits for Impositions. (a) In order to assure the payment of all Impositions, Tenant, upon the demand of Landlord at any time after the occurrence of an Event of Default hereunder, Tenant shall deposit in an interest bearing account with Depository Depositary on the first day of each and every month during the Term, an amount equal to one-twelfth (1/12th) of the annual Impositions then in effect. (b) If , as reasonably estimated by Landlord. If, at any time time, the monies so deposited by Tenant shall be insufficient to pay in full the next installment of Impositions then due, Tenant shall after demand therefor by Landlord immediately deposit the amount of the insufficiency with Depository Depositary to enable Depository Depositary to pay the next each installment of Impositions at least thirty (30) 30 days prior to the Due Date due date thereof. Notwithstanding the foregoing, if any Fee Mortgagee or Leasehold Mortgagee requires the deposit by Tenant of amounts to be used to pay Impositions, then Landlord may elect, by delivering written notice thereof to Tenant, to waive the requirement that Tenant make deposits under this Section 5.1(a), which waiver shall be effective during the period in which Tenant is required to make said deposits with the particular mortgagee in question. (cb) Depository Depositary shall hold the deposited monies moneys in a segregated, interest-bearing special account bearing interest for the benefit of Tenant for the purpose of paying the charges for which such amounts have been deposited as they become due, and Depository Depositary shall apply the deposited monies moneys for such purpose nor not later than the Due Date for last day on which any such chargescharges may be paid without penalty, fine or interest. (dc) If If, at any time time, the amount of any Imposition is increased or Landlord receives information from the entity or entities imposing such Imposition that an Imposition will be increased, increased and if the monthly deposits then being made by Tenant under this Section 5.01 Article would be insufficient to pay such Imposition thirty (30) at least 30 days prior to the Due Date due date thereof, then upon notice from Landlord to Tenant of such fact, the monthly deposits shall thereupon be increased and Tenant shall shall, on Landlord's demand, deposit immediately with Depository Depositary sufficient monies moneys for the payment of the increased Imposition. Thereafter, the monthly payments shall be adjusted so that Depository Depositary shall receive from Tenant sufficient monies moneys to pay each Imposition at least thirty (30) 30 days prior to the Due Date due date of such Imposition. (ed) For the purpose of determining whether Depository Depositary has on hand sufficient monies moneys to pay any particular Imposition at least thirty (30) 30 days prior to the Due Date due date thereof, deposits for each category of Imposition shall be treated separately. Depository Depositary shall not be obligated to use monies moneys deposited for the payment of an Imposition item not yet due and payable for the payment of an Imposition item that is due and payable. (fe) Notwithstanding the foregoing, (i) deposited monies moneys may be held by Depository Depositary in a single bank account, provided such account is segregated and interest-bearing and (ii) Depository Depositary shall, at Landlord's option and direction and if Tenant shall fail direction, use moneys so deposited to make any payment or perform any obligation required under this Lease, use any monies deposited pursuant to Articles 4 or 5 for Lease following the payment occurrence of any RentalDefault. (gf) If this Lease shall be terminated by reason of any Event of Default or if dispossession occurs pursuant to Section 24.03(b)Default, all deposited monies moneys under this Article 5 then held by Depository Depositary shall be paid to and applied by Landlord in payment of any and all sums due under this Lease Lease, in such order as Landlord shall determine in its sole discretion, and Tenant shall promptly pay the resulting deficiency. All monies deposited under this Article 5, together with interest earned thereon, if any, shall be paid to Tenant promptly after the Expiration Date or promptly after Tenant terminates this Lease in accordance with the provisions of Section 2.03 or Article 43 hereof. (hg) Any Tenant shall apply any interest paid on monies moneys deposited pursuant to this Article 5 shall be applied pursuant to the foregoing provisions against amounts thereafter becoming due and payable by Tenant or returned to Tenant, as aforesaidpayable. (i) Anything 5.2 In the event of a sale or transfer by Landlord of its interest in this Article 5 the Premises, Landlord shall transfer to the contrary notwithstanding, if person who owns or acquires such interest in the Event Premises or is the transferee of Default which gave rise to Landlord having demanded that Tenant make deposits under this Section 5.01 shall have been cured by Tenant and for a period of six (6) consecutive months following such cure no Default shall have occurred under this Lease, then, at any time after the expiration of such six (6) month period, promptly upon the demand of Tenant, provided that Tenant is not then in Default Landlord's interest under this Lease, all monies deposited under this Article 5 then held by Depository, with the interest, if any, accrued thereon, shall be returned to Tenant and Tenant shall not be required to make further deposits under this Article 5 unless and until there shall occur a subsequent Event of Default and Landlord shall make demand upon Tenant to make deposits for Impositions. (j) In the event that a Mortgagee (provided such Mortgagee be an Institutional Lender) shall require Tenant to deposit funds to insure payment of Impositions, any amount so deposited by Tenant with such Mortgagee shall be credited against the amount, if any, which Tenant would otherwise be required to deposit under this Article 5. Section 5.02. If Landlord ceases to have any interest in the Premises, and provided that the Person acquiring Landlord's interest in the Premises agrees (in writing) to assume from and after the date of the transfer all of Landlord's obligations rights with respect to the deposits made pursuant to Section 5.015.1, Landlord promptly shall transfer subject to such Person all of Landlord's rights with respect to such depositsthe provisions thereof. Upon such transfer and notice thereof to Tenant, the transferor shall be deemed to be released from all liability with respect thereto, the transferee shall assume from and after the date of such transfer all of Landlord's obligations with respect to such deposits thereto and Tenant shall look solely to the transferee with respect thereto. The , and the provisions hereof shall apply to each successive transfer of the landlord's rights with respect to the deposits. 5.3 Notwithstanding anything to the contrary contained in this Article 5, in no event shall Tenant be required to make the deposits with Depositary during any periods that Tenant is not in Default; provided, however, Tenant shall promptly upon receipt pay or cause said Impositions to be paid and thereafter deliver to Landlord paid receipts or other documentation evidencing payment thereof. Notwithstanding anything to the contrary contained in this Section 5.03. 5.3, if a Leasehold Mortgagee has commenced a foreclosure action and either a receiver appointed by a court of competent jurisdiction or such Leasehold Mortgagee has been appointed mortgagee in possession, no deposits for Impositions shall be required provided said Leasehold Mortgagee delivers to Landlord shall evidence that any and all outstanding Impositions have no liability to Tenant arising out of, or related to, any acts or omissions of Depositorybeen paid.

Deposits for Impositions. (a) In order to assure the payment of all Impositions, Tenant, upon the demand of Landlord at any time after the occurrence of an Event of Default hereunder, Tenant shall deposit with Depository Escrow Agent on the first day of each and every month during the Term, an amount equal to one-twelfth (1/12th) of the annual Impositions then in effect. (b) If , as reasonably estimated by Landlord. If, at any time time, the monies so deposited by Tenant shall be insufficient to pay in full the next installment of Impositions then due, Tenant shall after demand therefor by Landlord immediately deposit the amount of the insufficiency with Depository Escrow Agent to enable Depository Landlord to pay the next each installment of Impositions at least thirty (30) days prior to the Due Date due date thereof. Notwithstanding the foregoing, if any Fee Mortgagee requires the deposit by Tenant of amounts to be used to pay Impositions, then Landlord may elect, by delivering written notice thereof to Tenant, that Tenant make such deposits with such Fee Mortgagee, which direction shall be effective during the period in which Tenant is required to make said deposits with such Fee Mortgagee. (cb) Depository Escrow Agent shall hold the deposited monies moneys in a segregatedsegregated interest bearing account (unless Escrow Agent is a Fee Mortgagee in which event such moneys shall not be held in a segregated interest bearing account), interest-bearing special account for the purpose of paying the charges for which such amounts have been deposited as they become due, and Depository Escrow Agent shall apply the deposited monies moneys for such purpose nor in accordance with Article 4 of this Lease not later than the Due Date for last day on which any such chargescharges may be paid without penalty, fine or interest. (dc) If If, at any time time, the amount of any Imposition is increased or Landlord receives information from the entity or entities imposing such Imposition that an Imposition will be increased, increased and if the monthly deposits then being made by Tenant under this Section 5.01 Article would be insufficient to pay such Imposition thirty (30) days prior to the Due Date due date thereof, then upon notice from Landlord to Tenant of such fact, the monthly deposits shall thereupon be increased and Tenant shall shall, on Landlord's demand, deposit immediately with Depository Escrow Agent sufficient monies moneys for the payment of the increased Imposition. Thereafter, the monthly payments shall be adjusted so that Depository Landlord shall receive from Tenant sufficient monies moneys to pay each Imposition at least thirty (30) days prior to the Due Date due date of such Imposition. (ed) For the purpose of determining whether Depository Landlord has on hand sufficient monies moneys to pay any particular Imposition at least thirty (30) days prior to the Due Date due date thereof, deposits for each category of Imposition shall be treated separately. Depository Landlord shall not be obligated to use monies moneys deposited for the payment of an Imposition item not yet due and payable for the payment of an Imposition item that is due and payable. (f) Notwithstanding the foregoing, (i) deposited monies may be held by Depository in a single bank account, provided such account is segregated and interest-bearing and (ii) Depository shall, at Landlord's option and direction and if Tenant shall fail to make any payment or perform any obligation required under this Lease, use any monies deposited pursuant to Articles 4 or 5 for the payment of any Rental. (ge) If this Lease shall be terminated by reason of any Event of Default or if dispossession occurs pursuant to Section 24.03(b)Default, all deposited monies moneys under this Article 5 then held by Depository Escrow Agent shall be paid to and applied by Landlord Escrow Agent in payment of any and all sums Impositions due under this Lease Lease, and Tenant shall promptly pay the resulting deficiency. All monies deposited under this Article 5, together with interest earned thereon, if any, shall be paid to Tenant promptly after the Expiration Date or promptly after Tenant terminates this Lease in accordance with the provisions of Section 2.03 or Article 43 hereof. (hf) Any interest paid on monies deposited pursuant to this Article 5 shall be applied against amounts thereafter becoming due and payable by Tenant or returned to Tenant, as aforesaid. (i) Anything in this Article 5 to At the contrary notwithstanding, if the Event termination of Default which gave rise to Landlord having demanded that Tenant make deposits under this Section 5.01 shall have been cured by Tenant and for a period of six (6) consecutive months following such cure no Default shall have occurred under this Lease, thenTenant shall pay to Landlord for Impositions for the final calendar year, at any time after or portion thereof, in which this Lease is in effect the amount of Imposition for such final calendar year, or portion thereof, based upon the prior year's Impositions. Recomputation of the Impositions due as set forth above shall be made as soon as Landlord receives the xxxx for the last year of the Term. Landlord's and Tenant's obligations hereunder shall survive the expiration of such six (6) month period, promptly upon the demand of Tenant, provided that Tenant is not then in Default under this Lease, all monies deposited under this Article 5 then held by Depository, with the interest, if any, accrued thereon, shall be returned to Tenant and Tenant shall not be required to make further deposits under this Article 5 unless and until there shall occur a subsequent Event of Default and Landlord shall make demand upon Tenant to make deposits for Impositions. (j) 5.02 In the event that of a Mortgagee (provided such Mortgagee be an Institutional Lender) shall require Tenant to deposit funds to insure payment sale or transfer by Landlord of Impositions, any amount so deposited by Tenant with such Mortgagee shall be credited against the amount, if any, which Tenant would otherwise be required to deposit under this Article 5. Section 5.02. If Landlord ceases to have any its interest in the Premises, and provided that Landlord shall transfer to the Person acquiring Landlord's person who owns or acquires such interest in the Premises agrees (in writing) to assume from and after or is the date of the transfer all transferee of Landlord's obligations with respect to interest under this Lease, the deposits made pursuant to Section 5.01, Landlord promptly shall transfer subject to such Person all of Landlord's rights with respect to such depositsthe provisions thereof. Upon such transfer and notice thereof to Tenant, the transferor Landlord shall be deemed to be released from all liability with respect thereto, the transferee shall assume from and after the date of such transfer all of Landlord's obligations with respect to such deposits thereto and Tenant shall look solely to the transferee with respect thereto. The , and the provisions hereof shall apply to each successive transfer of the deposits. 5.03 Landlord may use any amounts deposited hereunder by Tenant to cure any Default hereunder by Tenant, and if Landlord so uses any such amounts, Tenant shall, within five (5) days after Landlord's request, replenish the amounts so used by Landlord. 5.04 Notwithstanding the foregoing provisions of this Article 5, so long as (i) Tenant is the originally named Tenant under this Lease - Nordstrom, Inc., a Washington corporation or its Affiliate, (ii) Tenant has the tangible net worth in accordance with clause (i) of Section 5.03. Landlord 7.07, and (iii) no Default has occurred that has not been cured within the respective cure period pursuant to Article 24 , then, the provisions of this Article 5 shall have no liability not apply to Tenant arising out of, or related to, any acts or omissions of DepositoryTenant.