Common use of Other Governmental Charges and Utility Charges Clause in Contracts

Other Governmental Charges and Utility Charges. The Board and the Company acknowledge (a) that under present law no part of the Project owned by the Board will be subject to ad valorem taxation by the State of Alabama or by any political or taxing subdivision thereof and that under present law the income and profits (if any) of the Board from the Project are, not subject to either Federal or Alabama taxation, and (b) that these factors, among others, induce the Company to enter into this Lease Agreement. However, the Company will pay, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project or any machinery, equipment or other property installed or brought by the Company therein or thereon (including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the income or profits of the Board from the Project which, if not paid, will become a lien on the Project prior to the lien of the Mortgage or a charge on the revenues and receipts therefrom prior to the charge thereon and pledge or assignment thereof to be created and made in the Mortgage), all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project; provided, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during the term hereof. The foregoing provisions of this section shall be effective only so long as any part of the principal of or the interest on the Bonds remains outstanding and unpaid. The Company may, at its own expense and in its own name and behalf or in the name and behalf of the Board, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless by such action the title of the Board to any part of the Project shall be materially endangered or the Project or any part thereof shall become subject to loss or forfeiture, in which event such taxes, assessments or charges shall be paid prior to becoming delinquent. The Board will cooperate fully with the Company in any such contest.

Other Governmental Charges and Utility Charges. The Board and In the Company acknowledge (a) event that under present law no part the Ground Lease Term extends beyond the date of termination of the Project owned by Master Lease and in the Board will event that the Series 2024 Property or any portion thereof shall, for any reason, be deemed subject to ad valorem taxation by the State of Alabama taxation, assessments or charges lawfully made by any political governmental body which may be secured by a lien against the Series 2024 Property, the Authority shall pay an amount equal to the amount of all such taxes, assessments and governmental charges then due. With respect to special assessments or taxing subdivision thereof and other governmental charges which may be lawfully paid in installments over a period of years, the Authority shall be obligated to pay such amounts only for such installments as are required to be paid during the Ground Lease Term. In the event that under present law the income and profits (if any) Ground Lease Term extends beyond the date of termination of the Board from the Project are, not subject to either Federal or Alabama taxation, and (b) that these factors, among others, induce the Company to enter into this Lease Agreement. HoweverMaster Lease, the Company will pay, Authority shall also pay as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project or any machinerygas, equipment or other property installed or brought by the Company therein or thereon (includingwater, without limiting the generality of the foregoingsteam, any taxes levied upon or with respect to the income or profits of the Board from the Project whichelectricity, if not paidheat, will become a lien on the Project prior to the lien of the Mortgage or a charge on the revenues and receipts therefrom prior to the charge thereon and pledge or assignment thereof to be created and made in the Mortgage)power, all telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project; provided, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during the term hereofSeries 2024 Property. The foregoing provisions of this section shall be effective only so long as any part of the principal of or the interest on the Bonds remains outstanding and unpaid. The Company Authority may, at its own the expense and in its own name and behalf or in the name and behalf of the BoardAuthority, in good faith contest any such taxes, assessments assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless by such action therefrom. In the title event that the Authority shall fail to pay any of the foregoing items required by this Section 9.2 to be paid by the Authority, the Board may (but shall be under no obligation to) pay the same, which amounts, together with interest thereon at the rate of ten percent (10%) per annum, the Authority agrees to any part pay. If during the Ground Lease Term, title to, or the temporary or permanent use of the Project Series 2024 Property or any portion thereof shall be materially endangered taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the Authority and the Board shall cooperate in the collection and disposition of the proceeds of condemnation such that the net proceeds of such condemnation allocable to the Series 2024 Project and to the Authority’s leasehold interest in the Series 2024 Property created hereunder shall be deposited and utilized by the Trustee in accordance with the provisions of the Master Lease and the Indenture and the net proceeds of such condemnation allocable solely to the Board’s reversionary interest in the Series 2024 Property will be payable to the Board. Except as otherwise provided in the Master Lease, if during the Ground Lease Term, the Series 2024 Project or any part thereof shall become subject to loss or forfeiturematerial portion thereof, in which event such taxes, assessments or charges shall be paid prior to becoming delinquent. The Board will cooperate fully destroyed (in whole or in part), or damaged by fire or other casualty, the Net Proceeds of any insurance policy shall be deposited and utilized by the Trustee in accordance with the Company in any such contest.provisions of the Master Lease and the Indenture. DISCLAIMER OF WARRANTIES; COMPLIANCE WITH LAWS AND RULES; OTHER COVENANTS

Other Governmental Charges and Utility Charges. The Board and In the Company acknowledge (a) event that under present law no part the Ground Lease Term extends beyond the date of termination of the Project owned by Master Lease and in the Board will event that the Series 2021 Property or any portion thereof shall, for any reason, be deemed subject to ad valorem taxation by the State of Alabama taxation, assessments or charges lawfully made by any political governmental body which may be secured by a lien against the Series 2021 Property, the Authority shall pay an amount equal to the amount of all such taxes, assessments and governmental charges then due. With respect to special assessments or taxing subdivision thereof and other governmental charges which may be lawfully paid in installments over a period of years, the Authority shall be obligated to pay such amounts only for such installments as are required to be paid during the Ground Lease Term. In the event that under present law the income and profits (if any) Ground Lease Term extends beyond the date of termination of the Board from the Project are, not subject to either Federal or Alabama taxation, and (b) that these factors, among others, induce the Company to enter into this Lease Agreement. HoweverMaster Lease, the Company will pay, Authority shall also pay as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project or any machinerygas, equipment or other property installed or brought by the Company therein or thereon (includingwater, without limiting the generality of the foregoingsteam, any taxes levied upon or with respect to the income or profits of the Board from the Project whichelectricity, if not paidheat, will become a lien on the Project prior to the lien of the Mortgage or a charge on the revenues and receipts therefrom prior to the charge thereon and pledge or assignment thereof to be created and made in the Mortgage)power, all telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project; provided, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during the term hereofSeries 2021 Property. The foregoing provisions of this section shall be effective only so long as any part of the principal of or the interest on the Bonds remains outstanding and unpaid. The Company Authority may, at its own the expense and in its own name and behalf or in the name and behalf of the BoardAuthority, in good faith contest any such taxes, assessments assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless by such action therefrom. In the title event that the Authority shall fail to pay any of the foregoing items required by this Section 9.2 to be paid by the Authority, the Board may (but shall be under no obligation to) pay the same, which amounts, together with interest thereon at the rate of ten percent (10%) per annum, the Authority agrees to any part pay. If during the Ground Lease Term, title to, or the temporary or permanent use of the Project Series 2021 Property or any portion thereof shall be materially endangered taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the Authority and the Board shall cooperate in the collection and disposition of the proceeds of condemnation such that the net proceeds of such condemnation allocable to the Series 2021 Project and to the Authority’s leasehold interest in the Series 2021 Property created hereunder shall be deposited and utilized by the Trustee in accordance with the provisions of the Master Lease and the Indenture and the net proceeds of such condemnation allocable solely to the Board’s reversionary interest in the Series 2021 Property will be payable to the Board. Except as otherwise provided in the Master Lease, if during the Ground Lease Term, the Series 2021 Project or any part thereof shall become subject to loss or forfeiturematerial portion thereof, in which event such taxes, assessments or charges shall be paid prior to becoming delinquent. The Board will cooperate fully destroyed (in whole or in part), or damaged by fire or other casualty, the Net Proceeds of any insurance policy shall be deposited and utilized by the Trustee in accordance with the Company in any such contest.provisions of the Master Lease and the Indenture. DISCLAIMER OF WARRANTIES; COMPLIANCE WITH LAWS AND RULES; OTHER COVENANTS

Other Governmental Charges and Utility Charges. The Board and In the Company acknowledge (a) event that under present law no part the Ground Lease Term extends beyond the date of termination of the Project owned by Master Lease and in the Board will event that the Series 2024B Property or any portion thereof shall, for any reason, be deemed subject to ad valorem taxation by the State of Alabama taxation, assessments or charges lawfully made by any political governmental body which may be secured by a lien against the Series 2024B Property, the Authority shall pay an amount equal to the amount of all such taxes, assessments and governmental charges then due. With respect to special assessments or taxing subdivision thereof and other governmental charges which may be lawfully paid in installments over a period of years, the Authority shall be obligated to pay such amounts only for such installments as are required to be paid during the Ground Lease Term. In the event that under present law the income and profits (if any) Ground Lease Term extends beyond the date of termination of the Board from the Project are, not subject to either Federal or Alabama taxation, and (b) that these factors, among others, induce the Company to enter into this Lease Agreement. HoweverMaster Lease, the Company will pay, Authority shall also pay as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Project or any machinerygas, equipment or other property installed or brought by the Company therein or thereon (includingwater, without limiting the generality of the foregoingsteam, any taxes levied upon or with respect to the income or profits of the Board from the Project whichelectricity, if not paidheat, will become a lien on the Project prior to the lien of the Mortgage or a charge on the revenues and receipts therefrom prior to the charge thereon and pledge or assignment thereof to be created and made in the Mortgage)power, all telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Project, and all assessments and charges lawfully made by any governmental body for public improvements that may be secured by lien on the Project; provided, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during the term hereofSeries 2024B Property. The foregoing provisions of this section shall be effective only so long as any part of the principal of or the interest on the Bonds remains outstanding and unpaid. The Company Authority may, at its own the expense and in its own name and behalf or in the name and behalf of the BoardAuthority, in good faith contest any such taxes, assessments assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless by such action therefrom. In the title event that the Authority shall fail to pay any of the foregoing items required by this Section 9.2 to be paid by the Authority, the Board may (but shall be under no obligation to) pay the same, which amounts, together with interest thereon at the rate of ten percent (10%) per annum, the Authority agrees to any part pay. If during the Ground Lease Term, title to, or the temporary or permanent use of the Project Series 2024B Property or any portion thereof shall be materially endangered taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the Authority and the Board shall cooperate in the collection and disposition of the proceeds of condemnation such that the net proceeds of such condemnation allocable to the Series 2024B Project and to the Authority’s leasehold interest in the Series 2024B Property created hereunder shall be deposited and utilized by the Trustee in accordance with the provisions of the Master Lease and the Indenture and the net proceeds of such condemnation allocable solely to the Board’s reversionary interest in the Series 2024B Property will be payable to the Board. Except as otherwise provided in the Master Lease, if during the Ground Lease Term, the Series 2024B Project or any part thereof shall become subject to loss or forfeiturematerial portion thereof, in which event such taxes, assessments or charges shall be paid prior to becoming delinquent. The Board will cooperate fully destroyed (in whole or in part), or damaged by fire or other casualty, the Net Proceeds of any insurance policy shall be deposited and utilized by the Trustee in accordance with the Company in any such contest.provisions of the Master Lease and the Indenture. DISCLAIMER OF WARRANTIES; COMPLIANCE WITH LAWS AND RULES; OTHER COVENANTS