Common use of Impound Clause in Contracts

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay with each Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises as and when they become due. The deposits shall not bear interest nor be held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (b) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlord. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded to Tenant within thirty (30) calendar days. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are received. If Landlord transfers this Lease, it shall transfer all such deposits to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon LandlordSublessor’s written notice to Tenant Sublessee during the Term, Landlord Sublessor may require Tenant Sublessee to pay with each Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises as and when they become due. The deposits shall not bear interest nor be held by Landlord Sublessor in trust or as an agent of TenantSublessee, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (b) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlord. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant Sublessee shall within ten (10) days after demand deposit the deficiency with LandlordSublessor. If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Sublease Year shall be reduced proportionately and any such excess at the end of the final Lease Sublease Year shall be refunded to Tenant Sublessee within thirty calendar (30) calendar days. Tenant Sublessee shall forward to Landlord Sublessor or its designee all Tax bills, bond and assessment statements as soon as they are received. If Landlord Sublessor transfers this LeaseSublease, it shall transfer all such deposits to the transferee, and Landlord Sublessor shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises (“Real Property Taxes”) as and when they become duedue (the “Tax Impound”). The deposits shall not bear interest nor be amounts held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord Tax Impound shall be applied by Landlord directly to the payment of the related obligations Taxes in a timely fashion and prior to the imposition of any Penalty, and (b) and, except if resulting from insufficient funds in the Tax Impound, if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne paid by Landlord. The Tax Impound shall be calculated on the basis of the most recent available levy applied to the most recent available assessment of Real Property Taxes. The Tax Impound shall not be held by Landlord in trust or as an agent of Tenant, but rather shall be applied by Landlord to the Taxes. The Tax Impound shall earn interest on an annual basis based upon the average interest earned during such year by Landlord on its cash deposits. Interest earned on the Tax Impound for a given Lease Year shall, at Tenant’s election either (a) be paid to Tenant within thirty (30) days of the end of the Lease Year, or (b) in the case of (i) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (ii) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Master Lease. If at any time within thirty (30) days prior to the due date the deposits Tax Impound shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are the Tax Impound is in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year at Tenant’s election any excess funds shall either (x) be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded paid to Tenant within thirty (30) calendar daysdays of the end of the Lease Year, or (y) in the case of (1) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of the Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (2) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Master Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are receivedreceived and receipts for payment of all Taxes required to be paid by Tenant. If Landlord transfers this Master Lease, it shall transfer the Tax Impound, and all such deposits interest earned thereon, to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon LandlordSublessor’s written notice to Tenant Sublessee during the TermTerm during any ongoing Event of Default (after the expiration of any notice and cure period), Landlord Sublessor may require Tenant require, Sublessee to pay with each Base Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises as and when they become due. The deposits shall not bear interest nor be held by Landlord Sublessor or Facility Mortgagee (as applicable) in trust or as an agent of TenantSublessee, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (b) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlordreal property taxes. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant Sublessee shall within ten (10) days after demand by Sublessor or Facility Mortgagee (as applicable), deposit the deficiency with LandlordSublessor or Facility Mortgagee (as applicable). If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Sublease Year shall be reduced proportionately and any such excess at the end of the final Lease Sublease Year shall be refunded to Tenant Sublessee within thirty ten (3010) calendar days. Tenant Sublessee shall forward to Landlord Sublessor or its designee Facility Mortgagee (as applicable) all Tax bills, bond and assessment statements as soon as they are receivedwithin five (5) days of receipt by Sublessee. If Landlord transfers Sublessor assigns this LeaseSublease in accordance with the terms hereof, it shall transfer all such deposits shall be transferred to the transfereeassignee, and Landlord Sublessor shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by Tenant shall deposit with Landlord at the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Termtime of each payment of an installment of Minimum Rent, Landlord may require Tenant to pay with each Rent payment a deposit of one-twelfth (1/12th1/12) of the amount required sufficient to discharge the annual amount of real property Taxes taxes and assessments secured by a Lien lien encumbering any portion of the Premises as and when they become due. The deposits Such amounts shall not bear interest nor be held by Landlord not in trust or and not as an agent of Tenant, but rather and shall be applied to the payment of the related obligationsobligations with respect to which the amounts were deposited. Provided Tenant acknowledges that the impound deposits are then sufficient for payment impounding of such funds in the applicable obligationsescrow described herein shall constitute a true escrow, (a) the amounts held by Landlord and that Tenant has no, and hereby waives any, interest in or right or title to any funds escrowed pursuant to this Section 3.6, whether legal, equitable, beneficial or otherwise, except that Tenant shall be applied by Landlord directly entitled to the payment of the related enforce Landlord's obligations in a timely fashion and prior hereunder with respect to the imposition of any Penalty, and (b) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlordescrow. If at any time within thirty (30) days prior to the due date of any of the deposits aforementioned obligations the amounts then on deposit therefor shall be insufficient for the payment of the such obligation in full, Tenant shall within ten (10) days after demand demand, deposit the amount of the deficiency with Landlord. If deposits the amounts deposited are in excess of the actual obligationobligations for which they were deposited, Landlord shall hold the same in a reserve account, not in trust, and reduce proportionately the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and Year; provided that any such excess at the end of with respect to the final Lease Year of the Term shall be refunded to Tenant within thirty (30) calendar daysdays of the end of the Term. Tenant shall forward deliver to Landlord Landlord, or its designee Landlord's agent if so directed by Landlord, all Tax tax bills, bond and assessment statements statements, as soon as they the same are receivedreceived by Tenant. If Landlord transfers sells or assigns this Lease, it Landlord shall transfer all such deposits amounts deposited by Tenant pursuant to this Section 3.6 to the transfereepurchaser or assignee, and Landlord shall thereafter be released from all responsibility related to, and shall have no further liability of any kind with respect thereto. Notwithstanding anything for the application of, such deposits, and to the contrary contained hereinextent Landlord transfers such amounts, in no event Tenant shall funds impounded look solely to such purchaser or assignee for such application and for all responsibility related to such deposits. Except during the continuance of an Event of Default, cash amounts deposited by Tenant with Landlord pursuant to this Section 3.6 shall accrue interest for Taxes the benefit of Tenant at the annual rate of ten percent (10%). Provided that no Event of Default is then continuing, such interest shall be used paid by Landlord to pay any taxes accrued prior to the Commencement DateTenant on a quarterly basis in arrears.

Impound. If required by the Facility Mortgagee or upon LandlordSublessor’s written notice to Tenant Sublessee during the TermTerm during any ongoing Event of Default (after the expiration of any notice and cure period), Landlord Sublessor may require Tenant require, Sublessee to pay with each Base Rent payment a deposit of one-twelfth (1/12thl/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises as and when they become due. The deposits shall not bear interest nor be held by Landlord Sublessor or Facility Mortgagee (as applicable) in trust or as an agent of TenantSublessee, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (b) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlordreal property taxes. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant Sublessee shall within ten (10) days after demand by Sublessor or Facility Mortgagee (as applicable), deposit the deficiency with LandlordSublessor or Facility Mortgagee (as applicable). If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Sublease Year shall be reduced proportionately and any such excess at the end of the final Lease Sublease Year shall be refunded to Tenant Sublessee within thirty ten (3010) calendar days. Tenant Sublessee shall forward to Landlord Sublessor or its designee Facility Mortgagee (as applicable) all Tax bills, bond and assessment statements as soon as they are receivedwithin five (5) days of receipt by Sublessee. If Landlord transfers Sublessor assigns this LeaseSublease in accordance with the terms hereof, it shall transfer all such deposits shall be transferred to the transfereeassignee, and Landlord Sublessor shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12thl/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises (“Real Property Taxes”) as and when they become duedue (the “Tax Impound”). The deposits shall not bear interest nor be amounts held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord Tax Impound shall be applied by Landlord directly to the payment of the related obligations Taxes in a timely fashion and prior to the imposition of any Penalty, and (b) and, except if resulting from insufficient funds in the Tax Impound, if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne paid by Landlord. The Tax Impound shall be calculated on the basis of the most recent available levy applied to the most recent available assessment of Real Property Taxes. The Tax Impound shall not be held by Landlord in trust or as an agent of Tenant, but rather shall be applied by Landlord to the Taxes. The Tax Impound shall earn interest on an annual basis based upon the average interest earned during such year by Landlord on its cash deposits. Interest earned on the Tax Impound for a given Lease Year shall, at Tenant’s election either (a) be paid to Tenant within thirty (30) days of the end of the Lease Year, or (b) in the case of (i) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (ii) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Lease. If at any time within thirty (30) days prior to the due date the deposits Tax Impound shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are the Tax Impound is in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year at Tenant’s election any excess funds shall either (x) be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded paid to Tenant within thirty (30) calendar daysdays of the end of the Lease Year, or (y) in the case of (1) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of the Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (2) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are receivedreceived and receipts for payment of all Taxes required to be paid by Tenant. If Landlord transfers this Lease, it shall transfer the Tax Impound, and all such deposits interest earned thereon, to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12thl/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises (“Real Property Taxes”) as and when they become duedue (the “Tax Impound”). The deposits shall not bear interest nor be amounts held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord Tax Impound shall be applied by Landlord directly to the payment of the related obligations Taxes in a timely fashion and prior to the imposition of any Penalty, and (b) and, except if resulting from insufficient funds in the Tax Impound, if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne paid by Landlord. The Tax Impound shall be calculated on the basis of the most recent available levy applied to the most recent available assessment of Real Property Taxes. The Tax Impound shall not be held by Landlord in trust or as an agent of Tenant, but rather shall be applied by Landlord to the Taxes. The Tax Impound shall earn interest on an annual basis based upon the average interest earned during such year by Landlord on its cash deposits. Interest earned on the Tax Impound for a given Lease Year shall, at Tenant’s election either (a) be paid to Tenant within thirty (30) days of the end of the Lease Year, or (b) in the case of (i) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (ii) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Master Lease. If at any time within thirty (30) days prior to the due date the deposits Tax Impound shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are the Tax Impound is in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year at Tenant’s election any excess funds shall either (x) be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded paid to Tenant within thirty (30) calendar daysdays of the end of the Lease Year, or (y) in the case of (1) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of the Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (2) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Master Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are receivedreceived and receipts for payment of all Taxes required to be paid by Tenant. If Landlord transfers this Master Lease, it shall transfer the Tax Impound, and all such deposits interest earned thereon, to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by Tenant shall deposit with Landlord at the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Termtime of each payment of an installment of Minimum Rent, Landlord may require Tenant to pay with each Rent payment a deposit of one-twelfth (1/12th1/12) of the amount required sufficient to discharge the annual amount of real property Taxes and assessments secured by a Lien lien encumbering any portion of the Premises as and when they become due. The deposits Such amounts shall not bear interest nor be held by Landlord not in trust or and not as an agent of TenantTenant and shall not bear interest, but rather and shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) obligations with respect to which the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (b) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlordwere deposited. If at any time within thirty (30) days prior to the due date of any of the deposits aforementioned obligations the amounts then on deposit therefor shall be insufficient for the payment of the such obligation in full, Tenant shall within ten (10) days after demand demand, deposit the amount of the deficiency with Landlord. If deposits the amounts deposited are in excess of the actual obligationobligations for which they were deposited, Landlord shall hold the same in a reserve account, not in trust and not bearing interest, and reduce proportionately the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and Year; provided that any such excess at the end of with respect to the final Lease Year of the Term shall be refunded to Tenant within thirty (30) calendar daysdays of the end of the Term. Tenant shall forward deliver to Landlord Landlord, or its designee Landlord's agent if so directed by Landlord, all Tax bills, bond and assessment statements statements, as soon as they the same are receivedreceived by Tenant. If Landlord transfers sells or assigns this Lease, it Landlord shall transfer all such deposits amounts deposited by Tenant pursuant to this Section 3.6 to the transfereepurchaser or assignee, and Landlord shall thereafter be released from all responsibility related to, and shall have no further liability of any kind with respect thereto. Notwithstanding anything for the application of, such deposits, and to the contrary contained hereinextent Landlord transfers such amounts, in no event Tenant shall funds impounded by Tenant look solely to such purchaser or assignee for Taxes be used such application and for all responsibility related to pay any taxes accrued prior to the Commencement Datesuch deposits.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of oneONE-twelfth TWELFTH (1/12th1/12TH) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises as and when they become due. The deposits shall not bear interest nor be held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (aI) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (bII) if any Penalty results from Landlord’s 's failure to timely make any such payment, such Penalty shall be borne by Landlord. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded to Tenant within thirty calendar (30) calendar daysdays so long as Tenant there is not then outstanding an Event of Default under this Master Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are received. If Landlord transfers this Master Lease, it shall transfer all such deposits to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12thl/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises (“Real Property Taxes”) as and when they become duedue (the “Tax Impound”). The deposits shall not bear interest nor be amounts held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord Tax Impound shall be applied by Landlord directly to the payment of the related obligations Taxes in a timely fashion and prior to the imposition of any Penalty, and (b) and, except if resulting from insufficient funds in the Tax Impound, if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne paid by Landlord. The Tax Impound shall be calculated on the basis of the most recent available levy applied to the most recent available assessment of Real Property Taxes. The Tax Impound shall not be held by Landlord in trust or as an agent of Tenant, but rather shall be applied by Landlord to the Taxes. The Tax Impound shall earn interest on an annual basis based upon the average interest earned during such year by Landlord on its cash deposits. Interest earned on the Tax Impound for a given Lease Year shall, at Tenant’s election either (a) be paid to Tenant within thirty (30) days of the end of the Lease Year, or (b) in the case of (i) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (ii) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Lease. If at any time within thirty (30) days prior to the due date the deposits Tax Impound shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are the Tax Impound is in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year at Tenant’s election any excess funds shall either (x) be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded paid to Tenant within thirty (30) calendar days. Tenant shall forward to Landlord or its designee all Tax billsdays of the end of the Lease Year, bond and assessment statements as soon as they are received. If Landlord transfers this Lease, it shall transfer all such deposits to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.or

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises (“Real Property Taxes”) as and when they become duedue (the “Tax Impound”). The deposits shall not bear interest nor be amounts held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord Tax Impound shall be applied by Landlord directly to the payment of the related obligations Taxes in a timely fashion and prior to the imposition of any Penalty, and (b) and, except if resulting from insufficient funds in the Tax Impound, if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne paid by Landlord. The Tax Impound shall be calculated on the basis of the most recent available levy applied to the most recent available assessment of Real Property Taxes. The Tax Impound shall not be held by Landlord in trust or as an agent of Tenant, but rather shall be applied by Landlord to the Taxes. The Tax Impound shall not bear interest unless required by applicable law Any interest earned on the Tax Impound for a given Lease Year shall, at Tenant’s election either (a) be paid to Tenant within thirty (30) days of the end of the Lease Year, or (b) in the case of (i) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (ii) the final Lease Year, paid to Tenant within thirty (30) days after the expiration of the Term or earlier termination of this Master Lease. If at any time within thirty (30) days prior to the due date the deposits Tax Impound shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are the Tax Impound is in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year at Tenant’s election any excess funds shall either (x) be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded paid to Tenant within thirty (30) calendar daysdays after the end of the Lease Year, or (y) in the case of (1) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of the Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (2) the final Lease Year, paid to Tenant within thirty (30) days after the expiration of the Term or earlier termination of this Master Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are receivedreceived and receipts for payment of all Taxes required to be paid by Tenant. If Landlord transfers this Master Lease, it shall transfer the Tax Impound, and all such deposits interest earned thereon, to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything The Tax Impound may at any time be waived by Landlord for any designated period. Any such waiver must be in a writing delivered to Tenant, and, after receipt by Tenant, Tenant shall be obligated to (i) pay all taxes for the designated period directly to the contrary contained hereinapplicable assessing authorities when due and payable, in and (ii) deliver to Landlord, promptly upon payment but no event shall funds impounded by Tenant for later than thirty days before the applicable Taxes be used to pay any taxes accrued prior to become delinquent, a copy of a paid receipt from the Commencement Dateassessing authority showing full payment of all Taxes and associated Liens.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to (a) Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises as and when they become due. The deposits shall not bear interest nor be held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (ai) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (bii) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlord. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded to Tenant within thirty calendar (30) calendar daysdays so long as Tenant there is not then outstanding an Event of Default under this Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are received. If Landlord transfers this Lease, it shall transfer all such deposits to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. (b) Notwithstanding the provisions of Section 5.2(a) above, in the event the monthly impound deposits required for real property Taxes under the terms of the Xxxxx Fargo Loan Documents (as hereinafter defined) are greater than the amount that Tenant would be required to pay under the terms of Section 5.2(a) and Landlord has given Tenant written notice thereof, the monthly impound deposits required to be made by Tenant pursuant to Section 5.2(a) shall increase to equal the amount of the monthly impound deposits required for real property Taxes under the terms of the Xxxxx Fargo Loan Documents. Notwithstanding anything to the contrary contained As used herein, “Xxxxx Fargo Loan Documents” means the following documents evidencing and/or securing that certain loan (the “Loan”) in no event shall funds impounded the original principal amount of Six Million Six Hundred Thousand Dollars ($6,600,000) assigned by Tenant Wachovia Bank, National Association (f/k/a First Union National Bank) (“Original Lender”) to Xxxxx Fargo Bank, N.A. (f/k/a Xxxxx Fargo Bank Minnesota, N.A. (f/k/a Norwest Bank, National Association)) (“Xxxxx Fargo”), as Trustee for Taxes be used the Registered Holders of First Union National Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2000-C2: (a) that certain Promissory Note dated as of May 1, 2000, executed by Richland Assisted, L.L.C. (“Richland LLC”) in favor of Original Lender and evidencing the Loan; (b) that certain Deed of Trust, Fixture Filing, Assignment of Leases, Rents and Profits and Security Agreement dated as of May 1, 2000, executed by Richland LLC, as grantor, in favor of Chicago Title Insurance Company, as trustee, for the benefit of Original Lender, as beneficiary, and recorded in the official records of Xxxxxx County, Washington on May 1, 2000 as Instrument No. 2000-010510 (the “Deed of Trust”); and (c) any other document, agreement or instrument which now or hereafter evidences and/or secures the Loan, together with any replacements, substitutions, supplements, modifications or amendments thereof or thereto (including, without limitation, any amendment to pay any taxes accrued prior to such documents made in connection with Landlord’s acquisition of the Commencement DatePremises and assumption of the Loan).

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one------- ONE-twelfth TWELFTH (1/12th1/12TH) of the amount required to discharge the annual amount of ----- real property Taxes secured by a Lien encumbering any portion of the Premises as -- and when they become due. The deposits shall not bear interest nor be held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (aA) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (bB) if any Penalty results from Landlord’s 's failure to timely make any such payment, such Penalty shall be borne by Landlord. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded to Tenant within thirty calendar (30) calendar daysdays so long as Tenant there is not then outstanding an Event of Default under this Master Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are received. If Landlord transfers this Master Lease, it shall transfer all such deposits to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises (“Real Property Taxes”) as and when they become duedue (the “Tax Impound”). The deposits shall not bear interest nor be amounts held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord Tax Impound shall be applied by Landlord directly to the payment of the related obligations Taxes in a timely fashion and prior to the imposition of any Penalty, and (b) and, except if resulting from insufficient funds in the Tax Impound, if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne paid by Landlord. The Tax Impound shall be calculated on the basis of the most recent available levy applied to the most recent available assessment of Real Property Taxes. The Tax Impound shall not be held by Landlord in trust or as an agent of Tenant, but rather shall be applied by Landlord to the Taxes. The Tax Impound shall earn interest on an annual basis based upon the average interest earned during such year by Landlord on its cash deposits. Interest earned on the Tax Impound for a given Lease Year shall, at Tenant’s election either (a) be paid to Tenant within thirty (30) days of the end of the Lease Year, or (b) in the case of (i) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (ii) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Lease. If at any time within thirty (30) days prior to the due date the deposits Tax Impound shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are the Tax Impound is in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year at Tenant’s election any excess funds shall either (x) be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded paid to Tenant within thirty (30) calendar daysdays of the end of the Lease Year, or (y) in the case of (1) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of the Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (2) the final Lease Year, paid to Tenant within thirty (30) days of the expiration of the Term or earlier termination of this Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are receivedreceived and receipts for payment of all Taxes required to be paid by Tenant. If Landlord transfers this Lease, it shall transfer the Tax Impound, and all such deposits interest earned thereon, to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon Landlord’s written notice to Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises as and when they become due. The deposits shall not bear interest nor be held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (ai) the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (bii) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlord. If at any time within thirty (30) days prior to the due date the deposits shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded to Tenant within thirty calendar (30) calendar daysdays so long as there is not then outstanding an Event of Default under this Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are received. If Landlord transfers this Lease, it shall transfer all such deposits to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by the Facility Mortgagee or upon Upon Landlord’s written notice to request, Tenant during the Term, Landlord may require Tenant to pay shall include with each Minimum Rent payment a deposit of one-twelfth (1/12th) of the amount required to discharge the annual amount of real property Taxes secured by a Lien encumbering any portion of the Premises (“Real Property Taxes”) as and when they become duedue (the “Tax Impound”). The deposits shall not bear interest nor be amounts held by Landlord in trust or as an agent of Tenant, but rather shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) the amounts held by Landlord Tax Impound shall be applied by Landlord directly to the payment of the related obligations Taxes in a timely fashion and prior to the imposition of any Penalty, and (b) and, except if resulting from insufficient funds in the Tax Impound, if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne paid by Landlord. The Tax Impound shall be calculated on the basis of the most recent available levy applied to the most recent available assessment of Real Property Taxes. The Tax Impound shall not be held by Landlord in trust or as an agent of Tenant, but rather shall be applied by Landlord to the Taxes. The Tax Impound shall earn interest on an annual basis based upon the average interest earned during such year by Landlord on its cash deposits. Interest earned on the Tax Impound for a given Lease Year shall, at Tenant’s election either (a) be paid to Tenant within thirty (30) days after the end of the Lease Year, or (b) in the case of (i) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (ii) the final Lease Year, paid to Tenant within thirty (30) days after the expiration of the Term or earlier termination of this Lease. If at any time within thirty (30) days prior to the due date the deposits Tax Impound shall be insufficient for the payment of the obligation in full, Tenant shall within ten (10) days after demand deposit the deficiency with Landlord. If deposits are the Tax Impound is in excess of the actual obligation, the required monthly deposits for the ensuing Lease Year at Tenant’s election any excess funds shall either (x) be reduced proportionately and any such excess at the end of the final Lease Year shall be refunded paid to Tenant within thirty (30) calendar daysdays after the end of the Lease Year, or (y) in the case of (1) a Lease Year that is not the final Lease Year, be credited against the amount of Tax Impound due from Tenant to Landlord for the first month (or additional month(s) if such credit exceeds the amount of the Tax Impound due for such first month) of the subsequent Lease Year, or in the case of (2) the final Lease Year, paid to Tenant within thirty (30) days after the expiration of the Term or earlier termination of this Lease. Tenant shall forward to Landlord or its designee all Tax bills, bond and assessment statements as soon as they are receivedreceived and receipts for payment of all Taxes required to be paid by Tenant. If Landlord transfers this Lease, it shall transfer the Tax Impound, and all such deposits interest earned thereon, to the transferee, and Landlord shall thereafter have no liability of any kind with respect thereto. Notwithstanding anything to the contrary contained herein, in no event shall funds impounded by Tenant for Taxes be used to pay any taxes accrued prior to the Commencement Date.

Impound. If required by Subject to the Facility Mortgagee or upon Landlord’s written notice to final sentence of this Section 3.6, Tenant during shall deposit with Landlord at the Termtime of each payment of an installment of Minimum Rent, Landlord may require Tenant to pay with each Rent payment a deposit of one-twelfth (1/12th1/12) of the amount required sufficient to discharge the annual amount of real property Taxes taxes and assessments secured by a Lien lien encumbering any portion of the Premises as and when they become due. The deposits Such amounts shall not bear interest nor be held by Landlord not in trust or and not as an agent of Tenant, but rather and shall be applied to the payment of the related obligations. Provided that the impound deposits are then sufficient for payment of the applicable obligations, (a) obligations with respect to which the amounts held by Landlord shall be applied by Landlord directly to the payment of the related obligations in a timely fashion and prior to the imposition of any Penalty, and (b) if any Penalty results from Landlord’s failure to timely make any such payment, such Penalty shall be borne by Landlordwere deposited. If at any time within thirty (30) days prior to the due date of any of the deposits aforementioned obligations the amounts then on deposit therefor shall be insufficient for the payment of the such obligation in full, Tenant shall within ten (10) days after demand demand, deposit the amount of the deficiency with Landlord. If deposits the amounts deposited are in excess of the actual obligationobligations for which they were deposited, Landlord shall hold the same in a reserve account, not in trust, and reduce proportionately the required monthly deposits for the ensuing Lease Year shall be reduced proportionately and Year; provided that any such excess at the end of with respect to the final Lease Year of the Term shall be refunded to Tenant within thirty (30) calendar daysdays of the end of the Term. Tenant shall forward deliver to Landlord Landlord, or its designee Landlord's agent if so directed by Landlord, all Tax tax bills, bond and assessment statements statements, as soon as they the same are receivedreceived by Tenant. If Landlord transfers sells or assigns this Lease, it Landlord shall transfer all such deposits amounts deposited by Tenant pursuant to this Section 3.6 to the transfereepurchaser or assignee, and Landlord shall thereafter be released from all responsibility related to, and shall have no further liability for the application of, such deposits, and to the extent Landlord transfers such amounts, Tenant shall look solely to such purchaser or assignee for such application and for all responsibility related to such deposits. Except during the continuance of any kind an Event of Default, cash amounts deposited by Tenant with respect theretoLandlord pursuant to this Section 3.6 shall accrue interest for the benefit of Tenant at the annual rate of ten percent (10%). Provided that no Event of Default is then continuing, such interest shall be paid by Landlord to Tenant on a quarterly basis in arrears. Notwithstanding anything to the contrary contained hereinin this Section 3.6, Tenant's obligation to fund installments of property taxes and assessments hereunder shall not commence (a) until February 1, 2002 with respect to such taxes and assessments for all of the Facilities not located in no event shall funds impounded by Tenant Florida, and (b) until April 1, 2002 with respect to such taxes and assessments for Taxes be used to pay any taxes accrued prior to all of the Commencement DateFacilities located in Florida.