Common use of Property Taxes Clause in Contracts

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.

Property Taxes. 16.1 Tenant Lessee shall pay promptly before delinquency all property taxes and assessments, that may be levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant during the term of this Lease upon the Premises. If All such taxes for the year in which this Lease terminates shall be prorated between Lessor and Lessee, except that neither Lessor nor Lessee shall be responsible for the payment of any taxes which are based upon production from the Premises accruing solely to the other party. Lessee shall have the right to contest, in the courts or otherwise, in its own name or in the name of Lessor, the validity or amount of any such taxes are levied against Landlord or Landlord’s property and assessments, if Landlord elects it deems the same unlawful, unjust, unequal or excessive, or to take such other steps or proceedings as it may deem necessary to secure a cancellation, reduction, readjustment or equalization thereof, before it shall be required to pay the same same. Lessee shall not permit or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on suffer the Premises and Landlord elects or any part thereof to pay be conveyed, or title lost to Lessor, as the taxes based on such increase, Tenant shall pay to Landlord upon demand that part result of nonpayment of such taxes or assessments. Lessee shall upon request furnish to Lessor duplicate receipts for which Tenant is primarily all such taxes and assessments when paid. Lessee shall not be liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be for any taxes levied upon on or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenantmeasured by income, or other taxes applicable to which either of them may become liableLessor, based upon payments under this Lease. If, at any time during Nothing in the Lease Term, the present method of taxation foregoing shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal construed to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section obligate Lessee to pay such costportion of any tax as is based upon the value of improvements, structures or personal property made, placed and used on any part or parts of the Premises by or for Lessor or by an owner or lessee of surface rights other than Lessee after the date hereof. The initial Tax Escrow Payment is If Lessor receives tax bills or claims which are the amount specified in Section 1.1 (m) above. The Tax Escrow Payment responsibility of Lessee hereunder, the same shall be based upon Landlord’s estimate of the cost of the Taxes promptly forwarded to Lessee for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseappropriate action.

Property Taxes. 16.1 Tenant 6.01 As part of the monthly Operating Expense Charge, Lessee shall pay pay, during the Term of this Lease, all real estate taxes attributable to the Premises. The phrase “real estate taxes attributable to the Premises” as used in this paragraph shall mean, an amount equal to the real estate taxes, any assessments and any governmental charges levied upon or assessed against all personal property, furniture, fixtures or equipment placed by Tenant with respect to the Premises and the building located upon the Premises. If any such Lessee shall be liable for all taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay upon the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on Lessee in or about the Premises. If any taxes attributable to the personal property and trade fixtures placed by Lessee in or about the Premises shall be levied against Lessor or Lessor’s property, and Landlord elects to pay if Lessor pays the same, or if the assessed value of Lessor’s land is increased by the inclusion thereof, and if Lessor pays the taxes based on upon such increaseincreased assessment, Tenant shall pay to Landlord Lessee upon demand that part of such shall repay to Lessor the taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (so paid by Lessor. Lessee will have the “Taxes”) which during right to contest the Lease Term may be levied upon amount or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or basedvalidity, in whole or in part, upon of any tax on Lessee’s personal property and trade fixtures by appropriate proceedings diligently conducted in good faith by Lessee, only after paying such rents from tax or posting security that Lessor reasonably requires in order to protect the PremisesPremises against loss or forfeiture. Upon termination of any proceedings, then all such taxes, assessments, levies or charges, or Lessee will pay the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate tax or part of the cost of the Taxes for any calendar year of the Lease Termtax as finally determined, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to which may have been deferred during the portion prosecution of the calendar year which lies within proceedings, together with any costs, fees, interest, penalties or other related liabilities. Lessor will not be required to join in any contest or proceedings unless the Lease Termprovisions of any law or regulations then in effect require that the Lessor participate in such proceedings. Landlord In the event Lessor does join in the proceedings, Lessor shall have no obligation not be subjected to pay interest to Tenant any liability for Tax Escrow Payments made by Tenant the payment of any costs or expenses in connection with any such contest or proceeding. Further, Lessee shall indemnify Lessor against and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, save Lessor harmless from any and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for all such final year of this Leasecosts and expenses.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects (a) In addition to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increaseBasic Rent, Tenant shall pay (directly to Landlord upon demand that part the taxing authorities) an amount equal to each installment of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description Property Taxes (the “Taxes”as defined below) which due or accruing during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. IfTerm, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within least thirty (30) days prior to the applicable delinquency date for such installment. Any installment which covers any period of time after the Expiration Date shall be prorated. Landlord will provide Tenant with a copy of all Property Tax bills promptly after receipt by Landlord’s , and in any event in sufficient time for Tenant to pay each installment of Property Taxes timely. Tenant will provide Landlord with evidence of payment of each installment of Property Taxes at least ten (10) business days prior to the delinquency date. Upon request by Landlord, if any installment of Property Taxes is paid past the delinquency date (other than because Landlord did not timely submit the Property Tax xxxx to Tenant), Tenant shall be responsible for any penalties incurred. (b) The term “Property Taxes” as used herein shall include any form of federal, state, county or local government or municipal taxes, fees, charges or other impositions of every kind (whether general, special, ordinary or extraordinary) related to the ownership, leasing or operation of the Premises, including without limitation, the following: (i) all real estate taxes or personal property taxes levied against the Premises, as such property taxes may be reassessed from time to time; and (ii) other taxes, charges and assessments which are levied with respect to this Lease or to the improvements, fixtures and equipment and other property of Landlord located on the Premises, (iii) all assessments and fees for public improvements, services, and facilities and impacts thereon, including without limitation arising out of any Community Facilities Districts, “Xxxxx Xxxx” districts, similar assessment districts, and any traffic impact mitigation assessments or fees; (iv) any tax, surcharge or assessment which shall be levied in addition to or in lieu of real estate or personal property taxes, other than taxes covered by Article VIII; (v) taxes based on the receipt of rent (including gross receipts or sales taxes applicable to the receipt of rent) and (vi) costs and expenses incurred in contesting the amount or validity of any Property Tax by appropriate proceedings. Notwithstanding the foregoing, general net income or franchise taxes imposed against Landlord shall be excluded. Also excluded are any penalties, interest or other costs incurred by Landlord as a tax xxxx result of the late payments of Property Taxes. For purposes hereof, Tenant’s share of Property Taxes for such final year the Premises shall be 49.8% of this Leasethe Property Taxes assessed on the Overall Land.

Property Taxes. 16.1 Tenant 9.1 Property tax imposed or levied by the relevant government authority on the Premises or on the Project (or any part thereof) and as may be apportioned by Landlord or attributable to the Premises shall be paid as follows: 9.1.1 Landlord shall for the duration of the Sublease Term pay all taxes property tax levied on or attributable to the Premises but only to the extent that such payment by Landlord in respect of the Premises shall not exceed property tax calculated (i) on the basis of an annual value equivalent to the annual Rent payable under this Agreement (“Base Annual Value”) and (ii) at the property tax rate applicable on fast assessment of property tax. In the event that any additional property tax levied by the relevant authority on or apportioned by Landlord as attributable to the Premises is payable on account of (aa) the annual value assessed against all personal propertyby the relevant government authority or apportioned by Landlord as attributable to the Premises (whether on first assessment by the relevant government authority or as increased from time to time whether retrospective or otherwise) which is in excess of the Base Annual Value and/or (bb) an increase in the property tax rate above the rate applicable on first assessment, furniture, fixtures or equipment placed such additional property tax shall be borne and paid by Tenant upon to Landlord on demand. 9.1.2 In the event that the Premises are not separately assessed for property tax but the Project is assessed as a whole or in parts, then for the purpose of Clause 9.1.1 above, Landlord shall determine the apportionment of the annual value (as assessed by the relevant authority) and the property tax which would be attributable to the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant Such apportionment shall be based on the Premises and Landlord elects to pay proportion which (i) the taxes based on such increase, Tenant shall pay to Landlord upon demand that part floor area of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging bears to Landlord or Tenant, or to which either of them may become liable. If, at any time during (ii) the Lease Term, the present method of taxation shall be changed so that in lieu net lettable area of the whole or any the relevant part of the Project. Landlord’s determination of the apportionment shall be accepted by Tenant as final and conclusive (save for manifest error) and Tenant’s right to audit. 9.1.3 Tenant’s liability in respect of additional property tax referable to the Sublease Term, pursuant to the provisions of Clause 9.1 shall not be affected by the expiry or earlier determination of this Sublease Agreement. 9.1.4 Objection to any taxes, assessments, levies assessment of annual value or charges levied, assessed or imposed imposition of additional property tax on the Premises during the Sublease Term may be made by Landlord in its discretion and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. if Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, deems fit and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to assist Tenant in making any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited objection to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord relevant government authority as may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaserequired.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property4.1. Throughout the Term, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant Lessee shall pay to Landlord upon demand that part Lessor Lessee’s Proportionate Share (hereinafter defined) of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay any and all real property taxestaxes and assessments ("Taxes") attributable to the Building and the Real Property becoming due and payable during or in respect of the Term. Lessee’s “Proportionate Share” shall be that percentage derived by dividing the rentable area of the Leased Premises by the total rentable area of the Building. Lessee’s Proportionate Share, general as of the date of this Lease, is thirty-eight and special assessmentsone tenth percent (38.1%). 4.2. Lessee’s Proportionate Share of such property taxes and assessments shall be payable by Lessee, license fees and other charges of every description as Additional Rent to Lessor in twelve (12) equal monthly installments pursuant to the “Taxes”Property Tax Budget (hereinafter defined) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liableas hereinafter set forth. If, at any time during the Lease TermTerm (1) a surcharge, fee, excise or tax is levied or imposed upon utilities consumed at or waste discharged from the present Leased Premises, or for any governmental service furnished to the Building or persons visiting or occupying the same; or (2) the method of taxation shall be of real property is changed from the method in existence on the date of this Lease, so that in lieu real estate taxes are replaced by one or more other types of alternative tax (collectively hereinafter referred to as “replacement taxes”); then, Lessee shall pay either to the governmental body involved or to Lessor, as Additional Rent, its Proportionate Share of the whole amount of such (1) surcharge, fee, excise or tax on utilities, waste, parking spaces or governmental services; and (2) such replacement taxes. Nothing herein contained is intended to require the Lessee to pay any part of any taxes, assessments, levies or charges tax levied, assessed or imposed upon Lessor based upon Lessor’s net income, excise profits or net taxable revenues or receipts (other than a sales tax on Rent), nor any estate, inheritance or gift taxes; franchise, succession or transfer taxes; or interest on taxes or penalties resulting from Lessor’s failure to pay taxes (provided Lessee shall have made its required payments in a timely fashion). 4.3. Prior to the Lease Commencement Date and prior to each calendar year during the Term, Lessor shall provide Lessee with a budget of the annual property taxes based upon the current anticipated or prior year’s tax xxxx (the “Property Tax Budget”) setting forth Lessor’s projection of the property taxes which Lessor anticipates for the current year of the Term. Lessor’s preparation of the Property Tax Budget shall be Lessor’s good faith estimate thereof only and Lessor shall have no liability for any errors or omissions therein and Lessee shall be responsible for the full payment of any and all actual property taxes irrespective of the amounts therefor set forth in the Property Tax Budget in accordance with the annual reconciliation hereafter set forth below. Lessee shall pay to Lessor on the Premises and first (1st) day of each calendar month during the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to Term one-twelfth (1/121/12th) of the Taxes for amount set forth in the applicable calendar yearProperty Tax Budget. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon LandlordAs soon as reasonably practicable after Lessor’s estimate receipt of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less actual property tax xxxx but no later than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten thirty (1030) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than receipt of the actual cost property tax xxxx, Lessor shall provide Lessee with all relevant tax bills together with an invoice indicating the difference between the amounts actually due for all of the Taxes, Landlord shall credit property taxes and the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited amounts paid thereon by Lessee pursuant to the payment of Taxes attributable to Property Tax Budget (the portion of the calendar year which lies within the Lease Term“Property Tax Reconciliation”). Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this LeaseLessee shall, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after LandlordLessee’s receipt of the Property Tax Reconciliation, pay to Lessor any amount set forth therein which represents an underpayment of the amount actually due or, if the amount paid by Lessee toward all of the property taxes pursuant to the Property Tax Budget exceeds the actual amounts therefor, then Lessor shall credit such excess amount against Lessee’s next monthly payment(s) of the Property Tax Budget (or shall refund such amount to Lessee if such credit is determined after the expiration of the Term). If Lessor shall receive any refund or reimbursement of property taxes with respect to any lease year for which Lessee paid a tax xxxx for Proportionate Share of such final year taxes, then provided there does not then exist a default of Lessee under this LeaseLease beyond applicable notice and cure periods, out of any balance remaining after deducting Lessor’s expenses reasonably incurred in obtaining such refund, Lessor shall reimburse to Lessee, an amount equal to Lessee’s Proportionate Share of such refund or reimbursement or sum in lieu thereof. 4.4. Lessor agrees to provide Lessee with a copy of any notice of assessment or reassessment of the Building or the Real Property if the Leased Premises is included within the assessment or reassessment promptly following Lessor’s receipt of same.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon a. Beginning with the Premises. If any such taxes are levied against Landlord or Landlord’s property Rental Commencement Date and if Landlord elects to pay for the same or if balance of the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increaseTerm, Tenant shall pay to Landlord as "additional rent" the amount of taxes and assessments levied and assessed for any year upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there underlying Property (the "Premises Property Taxes"). Such sum shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes prorated for any calendar partial year of the Lease TermTerm on a daily basis, and shall be reconciled annuallybased on a 360 day year. If the reconciliation reveals that Tenant’s total Tax Escrow Payments Premises and the underlying Property are less than the actual cost not separately assessed, but are assessed as part of the Taxesland and improvements on a larger parcel (hereinafter the" Larger Parcel"), Tenant's share of Premises Property Taxes shall be a fractional portion of the property taxes on the Larger Parcel, the numerator of which is the Floor Area of the Premises and the denominator of which is the Floor Area of all the areas available for exclusive use and occupancy by tenants of the Larger Parcel. Tenant shall pay the difference Premises Property Taxes to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost as part of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year Common Area Costs at the beginning or end of times and in the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to manner provided for the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination Common Area Costs at Article 24.3 of this Lease. For purposes hereof, and a final reconciliation of Tenant’s Tax Payments an equitable adjustment shall be made within thirty for buildings which are only partially completed on the date such property taxes become a lien. If any Premises Property Taxes (30including any assessments which may be evidenced by improvement or other bonds) days after Landlord’s receipt due hereunder may be paid in annual installments, only the amount of a tax xxxx such annual installment (with an appropriate proration for such final year any partial year) and statutory interest thereon shall be included in the computation of this Leaseannual Premises Property Taxes.

Property Taxes. 16.1 Tenant shall pay, as Additional Rent, one hundred percent (100%) of all Property Taxes levied or assessed with respect to the Premises or the Land, Buildings or Tenant Improvements which become due or accrue during the term of this Lease. Tenant shall pay all taxes levied such Property Taxes to Landlord not later than (i) ten (10) days prior to the delinquency date of such Property Taxes, or assessed against all personal property(ii) twenty (20) days after receipt of billing, furniture, fixtures or equipment placed by Tenant upon the Premiseswhichever is later. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects Tenant fails to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increasedo so, Tenant shall pay to Landlord upon demand that part of such taxes reimburse Landlord, on demand, for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxesinterest, general and special assessments, license late fees and other penalties that the taxing authority 14 charges Landlord. In the event Landlord's Lender requires an impound for Property Taxes, then on the first day of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time each month during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with pay Landlord each month an amount (a “Tax Escrow Payment”) equal to one-one twelfth (1/12) of the Taxes for annual Property Taxes. Tenant's liability hereunder shall be prorated to reflect the applicable calendar yearcommencement and termination dates of this Lease. Tenant expressly authorizes Landlord Notwithstanding anything to use the funds deposited pursuant contrary herein: (i) upon a termination of this Lease with respect to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (ma Building under Subparagraph 4(c) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay Tenant's Proportionate Share of Property Taxes for the difference Land, Buildings, Tenant Improvements and Premises (including any Land, Building, Tenant Improvements and Premises as to Landlord within ten which this Lease has been terminated) together with, and in the same manner as Tenant pays, Tenant's Proportionate Share of Common Area Expenses; and (10ii) days after Landlord delivers to if the Land is subdivided in accordance with the last paragraph of Section 3 above and at any time thereafter, the subdivided parcels comprising the Land are no longer owned by the same person or entity, then Tenant a statement therefor. If shall pay the reconciliation reveals that Tenant’s total Tax Escrow Payments are more Property Taxes for the subdivided parcel containing the Buildings (rather than the actual cost Property Taxes for all of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this LeaseLand), and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx the Property Taxes for such final year of this Leasethe Buildings, Tenant Improvements and Premises.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the PremisesProperty. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises Property and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that (hat part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises Property, the Building and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises Property and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the PremisesProperty, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As Landlord, in Landlord’s sole discretion, may require Tenant to pay the Taxes in one installment (which shall be due within ten (10) days after notice from Tenant to Landlord of the exact amount of Taxes due), or Landlord may require Tenant to pay the Taxes as a component of Adjusted Rent. Upon notice from Landlord to Tenant, Tenant thereafter shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/121 /12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The If Landlord immediately elects to require Tenant to pay the Taxes in installments, the initial Tax Escrow Payment is will be the amount specified in Section 1.1 (mo) above. The Thereafter, Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.

Property Taxes. 16.1 (a) Tenant shall pay all personal property taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or LandlordTenant’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant Communications Facility location on the Premises Leased Property as a result of Tenant’s use or ownership of the Communications Facility. The City is a municipal corporation and Landlord elects to pay is exempt from the taxes based on such increasepayment of real property taxes. Thus, Tenant shall pay be responsible for any real property taxes assessed against the Property as the result of the use or development of the Leased Property by Tenant. In the event that it is assessed personal property taxes and to Landlord upon demand the extent that part more than one tenant has leased space on the Property and the Tower, the City shall equitably allocate real estate taxes among the various tenants of such taxes the Property and the Tower. (b) The City agrees to provide to Tenant a copy of any notice, assessment, or billing relating to real estate taxes, for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxesresponsible under this Site Agreement, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu receipt of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar yearsame. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest make payment of its proportionate share of real estate taxes until Tenant has received the notice, assessment, or billing relating to such taxes as provided in the preceding sentence. Should any such taxes or assessments be levied or assessed directly against the City and be paid by the City, Tenant shall reimburse the City in full for its proportionate share of the taxes within thirty days of receipt of the City’s notice to Tenant of its payment of such taxes or assessments. (c) Tenant shall have the right, at its sole option and its sole cost and expense, to appeal, challenge, or seek modification of any tax assessment or billing for Tax Escrow Payments made which Tenant is wholly or partially responsible for payment under this Site Agreement. The City shall reasonably cooperate with Tenant in filing, prosecuting, and perfecting any such appeal or challenge to such taxes as provided in the preceding sentence, including but not limited to executing any consent to appeal or other similar documents. (d) Failure by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay any taxes or assessments within thirty days after the Taxes City has given written notice of the same, or the tax due date, whichever is later, shall survive result in the immediate termination of this Lease, Site Agreement and a final reconciliation the removal of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this LeaseCommunications Facility from the Property in accordance with Section 13, infra.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon During the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increaseTerm, Tenant shall pay directly to Landlord upon demand that part the appropriate taxing authority all real property taxes and assessments, impositions, levies, charges, and other sums, whether or not existing or hereafter arising, levied, assessed, or charged by any governmental authority or other taxing authority against the Buildings or the Real Property, of such any and all type and kind (“Taxes”), including but not limited to, taxes for all improvements constructed on the Real Property, water charges and sewer charges, before the same shall become delinquent. All such tax payments for the last year of the Term of this Lease shall be prorated between Landlord and Tenant so that Tenant shall be responsible for that portion of the Taxes which is attributable to the Term of this Lease. Tenant’s tax obligation shall commence on the Commencement Date. Any Taxes which Tenant is primarily liable hereunder. 16.2 required to pay shall be paid by it no later than the date on which such Taxes are due. If Tenant fails to pay any Taxes which it is required to pay within the time period provided above, Landlord may, at its option, pay said Taxes, together with any and all penalties and said amount shall become immediately due and payable as Additional Rent. In the event Tenant shall desire to contest in good faith any Taxes which Tenant is obligated to pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Renthereunder, Tenant shall deposit with Landlord each month an have the right, at its own cost and expense, to contest the amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) or legality of the any such Taxes and/or make application for the applicable calendar year. Tenant expressly authorizes Landlord to use reduction thereof, or any assessment upon which the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall same may be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annuallybased. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Tenant shall contest such Taxes, or other imposition, Tenant shall pay the difference contested Taxes prior to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost initiating an application or appeal and otherwise comply with all legal requirements of the applicable taxing authority, and shall indemnify Landlord from and against any and all attorney’s fees, appraisal fees and other fees, charges, costs and/or expenses incurred in connection with any such proceedings. Landlord may participate in any such action prosecuted by Tenant. In the event that Tenant requires Landlord’s cooperation in connection with any contest of Taxes, Landlord shall credit the difference reasonably cooperate in connection therewith, but without any expense to Tenant’s Tax Escrow Payment accountLandlord. With respect Tenant shall be entitled to any partial calendar year at refund of any tax (and penalties or interests thereon) refunded by the beginning levying authority pursuant to any such proceeding or end of the Lease Termcontest, Tenant’s obligation to pay the Taxes shall be limited to the payment of extent such refund relates to Real Property Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made actually paid by Tenant and Landlord may commingle the funds received or payable by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay during the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this LeaseTerm.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant Borrower shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description Lender (the “Taxes”a) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed $290,000.00 on the Premises date hereof on account of Real Estate Taxes, and the Building(b) on each Payment Date, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Real Estate Taxes for that Lender estimates will be payable during the applicable calendar year. Tenant expressly authorizes Landlord next twelve (12) months (initially $72,000.00 per month) in order to use the accumulate with Lender sufficient funds deposited pursuant to this Section to pay all such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Real Estate Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within least thirty (30) days after Landlord’s receipt prior to their respective due dates. Such amounts will be transferred by Lender to a Subaccount (the “Tax Subaccount”). Provided that no Event of a tax xxxx Default has occurred and is continuing, Lender will (i) apply funds in the Tax Subaccount to payments of Real Estate Taxes required to be made by Borrower pursuant to Section 5.2 hereof, provided that Borrower has promptly supplied Lender with notices of all Real Estate Taxes due, or (ii) if Borrower or Overstock, pursuant to the Overstock Lease, has paid such Real Estate Taxes, reimburse Borrower for such final year amounts upon presentation of this Leaseevidence of payment; subject, however, to Borrower’s right to contest Real Estate Taxes in accordance with Section 5.2 hereof. Lender will, if Lender pays such Real Estate Taxes, endeavor to provide Borrower with proof of payment of such Real Estate Taxes. In making any payment relating to Real Estate Taxes, Lender may do so according to any xxxx, statement or estimate procured from the appropriate public office, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If Lender determines in its reasonable judgment that the funds in the Tax Subaccount will be insufficient to pay (or in excess of) the Real Estate Taxes next coming due, Lender may increase (or decrease) the monthly contribution required to be made by Borrower to the Tax Subaccount.

Property Taxes. 16.1 Tenant shall agrees to pay and discharge promptly all lawful taxes properly levied by the state, county, city or assessed against any tax or assessment levying body to which Tenant is subject by reason of its use and occupancy of the Premises, including, but not limited to, any possessory interest tax, any parcel tax and all personal propertytaxes, furnitureassessments and charges on goods, fixtures or equipment placed merchandise, fixtures, appliances, equipment, furniture and property owned by Tenant upon in or about the Premises, including but not limited to all DMV fees and any property taxes on Tenant’s modular buildings. a. However, notwithstanding anything to the contrary in the previous sentence, City shall reimburse Tenant for fifty percent (50%) of the “Shared Taxes,” which are all possessory interest taxes, parcel taxes (including the Alameda Unified School District parcel tax and City of Alameda Health Care District (hospital) parcel tax), and other real property taxes and assessments on the Premises, on Tenant’s possessory interest in the Premises or interest under this Lease, or on Tenant’s possession, use or occupancy of the Premises. If Shared Taxes do not include any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of business personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy tax or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) any of the Taxes for the applicable calendar yearfollowing owned by Tenant: goods, merchandise, trade fixtures, appliances, equipment, furniture and personal property. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment City shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to reimburse Tenant for its 50% of a Shared Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after LandlordCity’s receipt from Tenant of a copy of the tax xxxx reflecting the Shared Tax and evidence of Tenant’s payment of the Shared Tax. Each party will consult with the other before providing information on this Lease or tenancy to the Alameda County Assessor’s Office or other taxing authority, to assist in providing complete and accurate information. b. City will reimburse Tenant for 100% of any possessory interest tax, parcel tax (including the AUSD and hospital taxes) or other Shared Tax owing for all or any portion of the period April 20, 2009 to but not including the Commencement Date. c. Tenant agrees not to permit or suffer any liens to be imposed upon the Premises as a result of its activities without promptly discharging the same; provided, however, that Tenant may, if it so desires, contest the legality of such final year taxes and liens without being in breach of this Lease. Tenant shall promptly notify the City of any corrected or revised tax xxxx and shall reimburse the City for the City’s share of any refund of Shared Taxes received by Tenant.

Property Taxes. 16.1 Tenant shall agrees to pay to Landlord, as additional rent, Tenant's Project Proportionate Share of the amount by which all taxes, assessments and other similar governmental charges levied on or attributable to the Project or its operation for each Comparison Year exceed the amount of all Property Taxes for the Base Year, including without limitation, (1) real property taxes or assessments levied or assessed against all personal propertythe Project, furniture, fixtures (2) assessments or equipment placed by Tenant upon the Premises. If any such taxes are charges levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises Project by any redevelopment agency, and all interests therein (3) any tax measured by gross rental received from the leasing of the Project, excluding any net income, franchise, capital stock estate or inheritance taxes imposed by the State or federal government or their agencies, branches or departments, such taxes, assessments and all improvements and other property thereon, whether belonging charges being hereinafter referred to Landlord or Tenant, or to which either of them may become liable. If, as "Property Taxes".If at any time during the Lease TermTerm any governmental entity levies, the present method of taxation shall be changed so that in lieu of the whole assesses or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed imposes on Landlord a any (1) general or special, ad valorem or specific, excise, capital levy or other tax tax, assessment, levy or charge directly on the rents Rent received therefrom and/or a under this Lease or on the rent received under any other leases of space in the Building or Project, or (2) any license fee, excise or franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from rent, or (3) any transfer, transaction, or similar tax, assessment, levy or charge based directly or indirectly upon the Premisestransaction represented by this Lease or such other leases, or (4) any occupancy, use, per capita or other tax, assessment, levy or charge based directly or indirectly upon the use or occupancy of the Premises or other premises within the Building or Project, then all any such taxes, assessments, levies or charges, or the part thereof so measured or based, and charges shall be deemed to be included within in the term “Property Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost amount of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Property Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made owed by Tenant and Landlord may commingle in accordance with the funds received by Tenant pursuant to this requirements of Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination 6.3 of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx . All increases in Property Taxes for such final each year of this LeaseLease shall be determined separately and without regard to changes or adjustments in Project Operating Costs or Insurance Charges for the Project.

Property Taxes. 16.1 Tenant Lessee shall pay promptly before delinquency all property taxes and assessments, that may be levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant during the term of this Lease upon the Premises. If AU such taxes for the year in which this Lease terminates shall be prorated between Lessor and Lessee, except that neither Lessor nor Lessee shall be responsible for the payment of any taxes which are based upon production from the Premises accruing solely to the other party. Lessee shall have the right to contest, in the courts or otherwise, in its own name or in the name of Lessor, the validity or amount of any such taxes are levied against Landlord or Landlord’s property and assessments, if Landlord elects it deems the same unlawful, unjust, unequal or excessive, or to take such other steps or proceedings as it may deem necessary to secure a cancellation, reduction, readjustment or equalization thereof, before it shall be required to pay the same same. Lessee shall not permit or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on suffer the Premises and Landlord elects or any part thereof to pay be conveyed, or title lost to Lessor, as the taxes based on such increase, Tenant shall pay to Landlord upon demand that part result of nonpayment of such taxes or assessments. Lessee shall upon request furnish to Lessor duplicate receipts for which Tenant is primarily all such taxes and assessments when paid. Lessee shall not be liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be for any taxes levied upon on or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenantmeasured by income, or other taxes applicable to which either of them may become liableLessor, based upon payments under this Lease. If, at any time during Nothing in the Lease Term, the present method of taxation foregoing shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal construed to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section obligate Lessee to pay such costportion of any tax as is based upon the value of improvements, structures or personal property made, placed and used on any part or parts of the Premises by or for Lessor or by an owner or lessee of surface rights other than Lessee after the date hereof. The initial Tax Escrow Payment is If Lessor receives tax bills or claims which are the amount specified in Section 1.1 (m) above. The Tax Escrow Payment responsibility of Lessee hereunder, the same shall be based upon Landlord’s estimate of the cost of the Taxes promptly forwarded to Lessee for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseappropriate action.

Property Taxes. 16.1 (a) Tenant shall, for the entire Lease Term, be liable for and, subject to any right to contest permitted hereunder, shall pay pay, as Additional Rent, before delinquency, all taxes taxes, fees, and assessments (including sewer, water and other utility improvement 21 assessments) of every kind and nature, and penalties and interest thereon, if any, assessed or levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the PremisesLeased Property ("IMPOSITIONS"). If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects Tenant fails to pay the same or if the assessed value any Impositions, Landlord may, but shall not be obligated to, pay such Impositions on Tenant's behalf after first giving Tenant ten days' notice of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects 's intention to pay such Impositions. If Landlord pays any Impositions in accordance with the taxes based on such increasepreceding sentence, Tenant shall immediately reimburse and pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunderdemand, as Additional Rent, any Impositions so paid by Landlord. 16.2 (b) Tenant shall also pay directly to the imposing authority, before delinquency, all real personal property taxes, general and special assessmentsall other fees, license fees charges and other charges assessments of every description (the “Taxes”) which kind and nature, and penalties and interest thereon, accruing during the Lease Term on or with respect to property used on or in connection with the Leased Property, including but not limited to ad valorem personal property taxes, and parking fees, levies or charges. If Tenant fails to timely pay any tax, fee or assessment required to be paid by Tenant pursuant to this Section 8.01(b), Landlord may, but shall not be required to, pay such tax, fee, charge or assessment on Tenant's behalf after first giving Tenant ten days notice of Landlord's intention to pay. If Landlord pays any such tax, fee, charge or assessment on Tenant's behalf in accordance with the preceding sentence, Tenant shall immediately reimburse and pay to Landlord, upon demand as Additional Rent, an amount equal to all such taxes, fees, charges and assessments so paid. (c) If any tax, fee or assessment may be levied upon paid in installments, Tenant may elect to so pay such tax, fee or assessed against the Premises assessment in installments and all interests therein Tenant shall only pay those taxes, fees and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time assessments accruing during the Lease Term. (d) Tenant, at its expense, may contest in its own name or in the name of Landlord, or both, by appropriate legal proceedings, the present method of taxation shall be changed so that in lieu of the whole amount, validity or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or basedapplication, in whole or in part, upon such rents from of any tax, fee or assessment required to be paid hereunder; provided, however, that pending a final determination of the Premisescontested tax, then all such taxes, assessments, levies or chargesfee, or assessment, Tenant either (i) pays such contested tax, fee or assessment under protest; or (ii) obtains and posts a bond issued by a surety reasonably acceptable to Landlord in an amount sufficient to satisfy and pay the part thereof so measured amount of such contested tax, fee or basedassessment and estimated interest and penalties thereon, and to adequately indemnify Landlord from all liability with respect to the enforcement of such tax, fee or assessment. Neither such contest or the failure to pay such contested tax, fee or assessment during any period of contest shall constitute a default hereunder; provided that if as a matter of law, such tax, fee or assessment must be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rentpaid during such contest, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leasedo so.

Property Taxes. 16.1 Tenant Lessee shall pay when due all taxes (including, without limitation, any required ad valorem taxes), assessments (including, without limitation, stormwater utility charges) and impact fees levied against or assessed in connection with the Premises, its leasehold interest therein and any Improvements thereto, and pay when due all taxes and assessments levied against Xxxxxx's personal property located on the Premises or otherwise arising out of its operations on the Premises. In the event Lessee shall fail to pay when due any such taxes and assessments, then regardless of whether Authority exercises its right to terminate this Lease because of Lessee's default, Lessee shall also be obligated to pay all resulting interest and penalties on such delinquent taxes and assessments. None of the terms, covenants or conditions of this Lease shall be construed as a release or waiver on the part of Authority or the City of the right to assess, levy or collect any license, personal property, furnitureintangible, fixtures occupation or equipment placed other tax which they, or either of them, may lawfully assess, levy or collect on the business or property of Lessee. Lessee may exercise any rights provided by Tenant upon law to contest or pay under protest any taxes and shall not thereby be deemed in default under this Lease, provided that such contest or payment under protest does not result in the Premisesimposition of a lien for delinquent taxes on the Premises or any Improvements and Lessee promptly pays all taxes and assessments (and any interest and penalties with respect thereto) ultimately determined to be due. If the term of this Lease expires or is earlier terminated prior to the close of the tax year for which any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same tax is payable, or if the assessed value term of Landlord’s property is increased this Lease commences on a date other than the first day of such tax year, Lessee shall be responsible for paying a percentage of the tax calculated by inclusion dividing the number of personal property and trade fixtures placed days that this Lease was in effect during such tax year by Tenant on the total number of days that the Premises and Landlord elects was leased to pay tenants (excluding any tenant engaging in a use of the taxes based on Premises which results in the Premises being exempt from taxation) during such increasetax year. If this Lease is in effect for a period less than any entire period for which an assessment other than a tax is imposed, Tenant Lessee shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu a percentage of the whole or any part assessment calculated by dividing the number of any taxes, assessments, levies or charges levied, assessed or imposed on days this Lease was in effect during that assessment period by the Premises and total number of days in the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar yearassessment period. Tenant expressly authorizes Landlord to use the funds deposited pursuant to Lessee's obligations under this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes 6.2 shall survive the expiration or earlier termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year the term of this Lease.

Property Taxes. 16.1 (a) Tenant covenants and agrees to pay, as part of Additional Rent, Tenant’s Pro Rata Share of all real estate taxes, assessments, water rates and charges, and other governmental charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, including but not limited to assessments for public improvements or benefits which shall pay all taxes be laid, assessed, levied or imposed upon and become due and payable, and a lien upon the Property and Building of the Leased Premises for any and all tax years during the term hereof (all of which real estate taxes, assessments, charges, levies or other governmental charges are referred to as “taxes”). The sum of the taxes assessed against all personal propertythe Building for any tax year during the term hereof shall be deemed to be the taxes assessed against the Building for said tax year and Tenant’s Pro Rata Share of same shall be 90%. (b) Landlord will deliver to Tenant an invoice for real estate taxes as same become due and payable by Landlord. Currently, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such real estate taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value payable on a quarterly basis. Upon receipt but no later than ten (10) business days after receipt of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increaseinvoice, Tenant shall pay to Landlord upon demand that Tenant’s Pro Rata Share of the real estate taxes then due. (c) All real estate taxes which shall become payable for the first and last tax years of the term hereof shall be apportioned pro rata between Landlord and Tenant in accordance with the respective number of months during which each party shall be in possession of the Leased Premises in said respective tax year. (d) If Landlord shall obtain a remission or a refund of all or any part of the real estate taxes heretofore paid by Tenant for any year, Landlord shall promptly refund to Tenant (or credit Tenant with) its proportionate share of such taxes for which Tenant is primarily liable hereunderremission or refund, after pro rata deduction of all expenses incurred in connection therewith. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”e) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, If at any time during the term of this Lease Term, the present method methods of taxation prevailing at the commencement of the term hereof shall be changed altered so that in lieu of or as a supplement to or a substitute for the whole or any part of any taxes, assessments, levies the real estate taxes or charges assessments no levied, assessed or imposed on the Premises and the Buildingimposed, there shall be leviedis imposed: (i) a tax, assessed assessment, levy, imposition or imposed on Landlord a charge wholly or partially as a capital levy or other tax directly otherwise, on the rents received therefrom and/or therefrom, (ii) a franchise tax, tax assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based, based in whole or in partpart upon the Leased Premises and imposed upon Landlord, upon such rents from or (iii) a license fee measured by the Premisesrent payable under this Lease, then than all such taxes, assessments, levies or levies, impositions and charges, or the part thereof so measured or based, shall be deemed to be included within in the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, general real estate taxes and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received assessments payable by Tenant pursuant to this Section with Landlord’s and Tenant shall pay and discharge the same as herein provided in respect of the payment of general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, real estate taxes and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseassessments.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal propertyBeginning January 1, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property 2000 and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which continuing thereafter during the Lease Term may term of this Agreement, the Buyer shall be levied upon or responsible for paying all ad valorem taxes assessed against the Premises Property, except the Excluded Property. In addition, if Buyer excludes the Taxing District Parcel (as defined below) and/or any environmentally contaminated land from this Agreement as provided elsewhere herein, the Buyer shall not be required to pay ad valorem taxes on such excluded lands and the Seller shall promptly reimburse Buyer for all interests therein taxes paid prior to Buyer's election to exclude such lands from this Agreement. Seller and Buyer shall endeavor to maintain an agricultural or "green belt" exemption on all improvements portions of the Property not in active development. Either party may, at its expense, challenge the assessment or the denial of an exemption with respect to any portion of the Property by initiating administrative or judicial proceedings. The parties agree to cooperate with any such challenge and to join in the execution of all petitions and other property thereon, whether belonging instruments needed in connection with a challenge. The Seller represents that the Property is presently leased for cattle grazing pursuant to Landlord the Lease Agreements attached hereto as composite Exhibit "G" (collectively the "Leases"). The Buyer shall be entitled to all rental income received pursuant to the Leases (or Tenant, or to which either any subsequent leases) from cattle grazing and other agricultural uses of them may become liable. If, at any time the Property during the Lease Termperiod in which Buyer is responsible for paying and pays the ad valorem taxes. Upon expiration or termination of the Leases, the present method Seller shall execute such other agricultural leases of taxation the Property as Buyer may from time to time negotiate, provided, however, that if the Buyer fails to timely negotiate agricultural leases thereby placing the "greenbelt" or agricultural exemption in jeopardy, then the Seller shall have the right to enter into agricultural leases. Without the Seller's prior written consent, any new agricultural lease negotiated by the Buyer shall be changed so that in lieu of the whole or any part of any taxeson a year-to-year basis or, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or basedalternatively, shall be deemed included within terminable by the term “Taxes” for Seller in the purposes event of a termination of this Article. 16.3 As a component of Adjusted RentAgreement. Notwithstanding the foregoing, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s Buyer's obligation to pay ad valorem taxes on the Taxes Property owned by the Seller shall be limited terminate if the Seller takes any action which causes the Property owned by Seller to become ineligible for a "greenbelt" or agricultural exemption. The Buyer shall not impair access to Seller and agricultural tenants via existing unimproved dirt roads or trails to all lands not in active development which are available for agricultural use or future development. The Seller may, at its expense, construct additional unimproved dirt roads or trails to lands not in active development, provided the foregoing does not impair the Buyer's development of the Property pursuant to the payment of Taxes attributable Master Plan and the Phasing Schedule, as amended from time to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leasetime.

Property Taxes. 16.1 Tenant shall pay pay, in addition to all taxes other sums required to be paid by it under the provisions of this Lease, and notwithstanding any protest planned or pending, all Real Property Taxes which may be taxed, charged, assessed, levied or assessed against all personal property, furniture, fixtures imposed at any time or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects from time to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant time on the Premises and Landlord elects (including those relating to pay the taxes based on such increaseexpanded Building) attributable to the Lease term. In addition to the rent payable hereunder, Tenant shall on the first day of each month commencing with the first day of the month following the Rent Commencement Date pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/121/12th) of the estimated (by the Village of Deerfield) Real Property Taxes for the applicable calendar then current tax year. When real estate taxes are paid by Landlord, any excess paid by Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes credited towards its liability for any calendar year of future real estate taxes or, if the Lease Termterm has ended, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, refunded to Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers of determination that an excess amount has been paid. Any shortage shall be billed to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, by Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes and shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made paid by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after of such billing. As between the parties hereto, Tenant alone shall, at its sole and absolute discretion, have the duty of attending to the making and filing of any statement or report which may be provided or required by law as a basis of or in connection with the determination, equalization, reduction, payment or abatement of each obligation which is to be borne or paid by Tenant in accordance with this Section. Landlord shall not be or become responsible therefor, nor for the contents of any such statement or report. Unless required by law for a successful action to be brought or claim to be made, Landlord shall not be obligated to make, join in or be a party to any protest or objection to any law, order, proceeding or determination, but shall cooperate and join with Tenant to the extent required by law, provided the Tenant agrees to reimburse Landlord’s receipt actual out-of-pocket expenses incurred in connection therewith. Landlord agrees to provide Tenant, within ten (10) days of a Landlord’s receipt, with true and complete copies of all Real Property Tax bills, tax xxxx for such final year of notices or assessments which Landlord receives relating to the Premises. As used in this Section 7, “Real Property Tax” includes any real estate taxes, special assessments (but only installments falling due during the Lease term and which shall be paid over the longest period allowed) and similar levies and charges against this Lease, the Premises (and all improvements thereon) or the occupancy, use or possession thereof, or any estate, right title or interest of Landlord, Tenant or either of them in or to the Premises. “Real Property Tax” does not, however, include Landlord’s federal or state income, franchise, inheritance or estate taxes. Landlord warrants and represents that there are no special assessments or similar levies or charges currently outstanding affecting the Premises nor does Landlord have notice or knowledge of any improvements either currently underway or planned which could result in the imposition of any special assessment or similar levies or charges. If any sales tax shall be imposed on the rentals, Tenant and not Landlord shall pay the same. Tenant shall be responsible for paying any and all personal property taxes which may be levied against Tenant’s property.

Property Taxes. 16.1 Tenant agrees to pay, or cause to be paid before delinquency (i) all taxes, assessments, license fees, and public charges levied, assessed, or imposed, or which may become payable during the Term upon the Premises (including both the Building Improvements and the Tenant Parcel and any and all improvements thereon), and upon any fixtures, furniture, appliances, and personal property installed or located on the Premises; and (ii) transfer, transaction, sales, rental, gross receipts, license or similar taxes or charges measured by rent received by Landlord with respect to the Premises. Landlord shall, after receipt of any tax xxxx or other notice of tax due on Premises, furnish Tenant with a copy of such xxxx or notice. Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes when due and, on demand, shall furnish to Landlord receipts evidencing such payment. Taxes for which first and last years shall be prorated between Landlord and Tenant. Landlord shall furnish Tenant is primarily liable hereunder. 16.2 with a legal description of the Tenant Parcel, and shall have the Tenant Parcel segregated as a separate tax lot, and Tenant shall pay all real property taxesestate taxes directly to the taxing authority. In the event Landlord, general after using its best efforts to have the Tenant Parcel segregated as a separate tax lot is unable to do so and special assessmentsprovides Tenant with evidence reasonably satisfactory to Tenant of its efforts to create the Tenant Parcel as a separate tax lot, license fees Tenant shall have the right to have the Tenant Parcel segregated as a separate tax lot. In the event both Landlord and other charges of every description (Tenant are unable to have the “Taxes”) which during Tenant Parcel segregated as a separate tax lot or until real estate taxes are so segregated, the Lease Term may be levied upon or assessed against taxes allocable to the Premises shall be ascertained from the records of the Tax Assessor by adding (i) the product of multiplying the applicable tax rate by the assessed value of the Building Improvements and any inventory, trade fixtures, machinery, equipment or other personal property included in the assessed value, plus (ii) the product of multiplying (A) the applicable tax rate by (B) the assessed value of all interests therein land assessed under the applicable assessment by (c) a fraction, the numerator of which shall be the square footage of the Tenant Parcel and the denominator of which shall be the square footage of all improvements land assessed under the applicable assessment. In the event taxes are to be allocated as provided in this paragraph, Landlord shall submit a statement of Tenant's share of such taxes with appropriate supporting information to Tenant at least sixty (60) days before the date when such taxes can last be paid within any fine, penalty, interest or cost being added for non-payment, and other property thereon, whether belonging Tenant shall pay such amount to Landlord or Tenant, or prior to which either of them may become liablesuch date. If, at any time during Landlord shall in such event cause the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed taxes on the Premises and the Buildingto be paid before any fine, there shall penalty, interest or cost for nonpayment may be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, added and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost promptly furnish written evidence of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference payment to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.

Property Taxes. 16.1 Tenant Each of the Sellers shall pay be allocated and bear all taxes levied Property Taxes applicable to its interests in the Assets for any Tax period ending prior to the Effective Time, and Buyer shall be allocated and bear all Property Taxes for any Tax period that begins on or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon after the PremisesEffective Time. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects Property Taxes with respect to pay the same or if Tax period in which the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description Effective Time occurs (the “TaxesCurrent Tax Period”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu allocated between Sellers and Buyer as of the whole or any part Effective Time based on the relative number of any taxesdays the Assets were owned. For purposes of allocating Property Taxes among the Parties, assessmentseach “Tax period” shall begin on the date on which ownership of the applicable Assets gives rise to liability for Property Taxes (the July 1st assessment date) and shall end on the day before the next such date (June 30th of the succeeding year). For the avoidance of doubt, levies or charges levied, (i) Sellers shall be allocated and shall bear all Property Taxes assessed or imposed assessable under West Virginia law on July 1, 2013, and (ii) the Premises Current Tax Period shall begin on July 1, 2014 and the Buildingshall end on June 30, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes 2015. The amount of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Property Taxes for the applicable calendar yearCurrent Tax Period (i.e., the Property Taxes assessed or assessable on July 1, 2014) allocable to the Sellers shall be based on the number of days the Assets were owned from July 1, 2014 to the day prior to the Effective Time. Tenant expressly authorizes Landlord The amount of Property Taxes for the Current Tax Period allocable to use the funds deposited Buyer shall be based on the number of days the Assets were owned from the Effective Time to June 30, 2015. Each of the Sellers shall reimburse Buyer at Closing pursuant to Section 2.5 or in connection with any post-closing settlement provided for herein the amount of any Property Taxes allocated to such Seller pursuant to this Section 7.2(a) that are paid or are to pay such costbe paid by Buyer. The initial Buyer shall file the Tax Escrow Payment is Return (unless previously filed by Sellers) with respect to the amount specified in Section 1.1 (m) above. The Current Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, Period and shall be reconciled annually. If the reconciliation reveals that Tenantpay any Taxes shown due with respect thereto, subject to Buyer’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference right to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to reimbursement for the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation allocable to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant such Seller pursuant to this Section 7.2(a). Buyer agrees to reimburse Sellers at Closing pursuant to Section 2.5 or in connection with Landlord’s general fundsany post-closing settlement provided for herein the amount of any Property Taxes allocated to Buyer pursuant to this Section 7.2(a) that are paid or to be paid by Sellers. Tenant’s obligation To the extent the actual amount of a Property Tax is not determinable at the time an adjustment to pay the Taxes Purchase Price is to be made with respect to such Property Tax pursuant to Section 2.5 or in connection with any post-closing settlement provided for herein, as applicable, (i) the Parties shall survive utilize the termination most recent information available in estimating the amount of this Leasesuch Property Tax for purposes of such adjustment, and a final reconciliation (ii) upon the later determination of Tenant’s Tax Payments shall the actual amount of such Property Tax, timely payments will be made within thirty (30) days after Landlord’s receipt from one Party to the other to the extent necessary to cause each Party to bear the amount of a tax xxxx for such final year of Property Tax that is allocable to such Party under this LeaseSection 7.2(a).

Property Taxes. 16.1 Tenant The term "Property Taxes" shall pay mean the -------------- aggregate amount of all real estate taxes, assessments (whether they be general or special), sewer rents and charges, transit taxes, taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant based upon the Premises. If receipt of rent and any such other federal, state or local government charge, general, special, ordinary or extraordinary (but not including income or franchise taxes, capital stock, inheritance, estate, gift, or any other taxes are levied against Landlord imposed upon or measured by Landlord’s property and if Landlord elects to pay 's gross income or profits, unless the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that imposed in lieu of real estate taxes or other ad valorem taxes), which Landlord shall pay or become obligated to pay in connection with the whole Building, or any part thereof, Property Taxes shall also include all fees and costs, including attorneys' fees, appraisals and consultants" fees, incurred by Landlord in seeking to obtain a reassessment, reduction of, or a limit on the increase in, any Property Taxes, but the total of said fees and costs shall not exceed the amount of any taxesreduction in Property Taxes actually granted. If due to Landlord's negligence it fails to timely pay any installment of Property Taxes, assessmentsand as a direct consequence thereof the taxing authority assesses a late fee or penalty, levies said late fee or charges levied, assessed or imposed on the Premises and the Building, there penalty shall not be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, included in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Property Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Property Taxes for any calendar year of the Lease Term, and shall be reconciled annuallyProperty Taxes which are due for payment or paid in such year, rather than Property Taxes which are assessed or become a lien during such year. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Property Taxes shall be limited include any tax, assessment, levy, imposition or charge imposed upon Landlord and measured by or based in whole or in part upon the Building or the rents or other income from the Building, to the payment extent that such items would be payable if the Building was the only property of Taxes attributable Landlord subject to same and the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds income received by Tenant pursuant to this Section with Landlord from the Building was the only income of Landlord’s general funds. Tenant’s obligation to pay the Property Taxes shall survive also include any personal property taxes imposed upon the termination furniture, fixtures, machinery, equipment, apparatus, systems and appurtenances of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this LeaseLandlord used in connection with the Building. See First Addendum to Lease Section 4.1.2.

Property Taxes. 16.1 17.1 Tenant shall pay be liable for all taxes levied or assessed against all personal property, furniture, property and trade fixtures or equipment placed by Tenant upon in the Premises. If any such taxes are levied against Landlord or Landlord’s 's property and if Landlord elects to pay the same or if the assessed value of Landlord’s 's property is increased by inclusion of personal property and trade fixtures placed by Tenant on in the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 17.2 Tenant shall pay Tenant's Share of all real property taxes, general assessments and special assessments, license fees and other governmental charges of every description any kind and nature whatsoever (collectively referred to as the “"Taxes”) which during the Lease Term may be "), levied upon or assessed against the Premises and all interests therein and all improvements and Shopping Center, or against the rental or other property thereonsums payable by Tenant to Landlord hereunder, whether belonging to Landlord presently being charged or Tenant, or to which either subsequently created. During each month of them may become liable. If, at any time during the Lease Term, the present method of taxation Tenant shall be changed so that in lieu pay to Landlord as a part of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month Monthly Payment an amount (a “"Tax Escrow Payment”") equal to one-twelfth (1/12) of Tenant's Share of the Taxes due and payable for the applicable calendar that particular year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to by it with Landlord under this Section 17.2 to pay such costthe Taxes. The amount of the initial monthly Tax Escrow Payment will be that amount set out in the Basic Lease Information. The monthly Tax Escrow Payment is based upon Tenant's Share of the amount specified estimated Taxes for the year in Section 1.1 (m) abovequestion, and the monthly Tax Escrow Payment is subject to increase or decrease as determined by Landlord to reflect an accurate escrow of Tenant's Share of the estimated Taxes. The Tax Escrow Payment shall be based upon Landlord’s estimate account of the cost of the Taxes for any calendar year of the Lease Term, and Tenant shall be reconciled annually. If the reconciliation reveals that Tenant’s 's total Tax Escrow Payments are less than Tenant's Share of the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement thereforupon demand the difference. If the reconciliation reveals that Tenant’s total Tax Escrow Payments of Tenant are more than Tenant's Share of the actual cost of the Taxes, Landlord shall retain such excess and credit the difference it to Tenant’s 's Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes Landlord shall not be limited to responsible for the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for on Tenant's Tax Escrow Payments made by Tenant and Payment account, nor shall Landlord may commingle be required to keep the funds received by Tenant pursuant to this Section with in such account separate from Landlord’s 's general funds. Tenant’s obligation Landlord may elect to pay contest the Taxes shall survive value of the termination of this LeaseShopping Center as assessed by any taxing authority, and a final reconciliation of in such event the costs incurred by Landlord in connection with Landlord: [SIGNATURE] ----------- Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.: [SIGNATURE] -----------

Property Taxes. 16.1 (a) Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by "Property Taxes" (as defined XXXXXXX) applicable to the Premises during the Term. Each payment shall be made prior to the delinquency date of such payment. Tenant upon the Premisesshall promptly furnish Landlord with evidence satisfactory to Landlord that Property Taxes have been paid. If any Property Taxes due with respect to the Premises shall cover any period of time prior to or after the expiration of the Term, Tenant's share of such taxes are levied against Landlord or Landlord’s property and if Landlord elects Property Taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect. If Tenant shall fail to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Property Taxes, Landlord shall credit have the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at right, but not the beginning or end of the Lease Termobligation, Tenant’s obligation to pay the Taxes same, in which case Tenant shall repay such amount to Landlord with Tenant's next Rent installment. (b) As used herein, the term "Property Taxes" shall include any form of general or special assessment, license fee, commercial rental tax, levy, penalty, or tax (other than inheritance or estate taxes) imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district, or any part or parts thereof, or against any legal or equitable interest of Landlord in the Premises (but exclusive of taxes levied on or computed by reference to landlord's net income as a whole). (c) Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings equipment and all other personal property of Tenant contained on the Premises or elsewhere. When possible, Tenant shall cause such trade fixtures, furnishings, equipment and all other personal property to be limited to assessed and billed separately from the Premises. (d) As between the parties hereto, Tenant alone shall have the duty of attending to, making or filing any declaration, statement or report which may be provided or required by law as the basis of or in connection with the determination, equalization, reduction or payment of any Property Taxes attributable which are to be borne or paid or which may become payable by Tenant under the portion provisions of the calendar year which lies within the Lease Term. this paragraph and Landlord shall have no obligation to pay interest not be or become responsible to Tenant therefor, nor for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination contents of this Leaseany such declaration, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leasestatement or report.

Property Taxes. 16.1 As additional rent, Tenant shall pay all its pro rata share of the real property taxes levied and/or payments in lieu of real property taxes and assessments payable during the term of this Lease with respect to the Property; provided, however, that, for the purpose of calculating such Tenant’s pro rata share thereof, it is understood and agreed that there shall be excluded from the total real property taxes imposed or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If Property (i) any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if increase in the assessed value of the Property arising by reason of the redevelopment thereof and/or the construction of any additional improvements upon the Property, (ii) any income, revenue, inheritance, devolution, estate, succession, transfer, gift, capital levy, excess profits, franchise, gross receipts, corporation, payroll, stamp or profit tax, by whatsoever authority imposed or howsoever designated, (iii) any penalties imposed upon Landlord for Landlord’s delinquent payment of taxes or (iv) any tax upon the sale, transfer and/or assignment of the title or estate of Landlord. As of the date hereof, Tenant’s pro rata share of real property taxes is increased (____ %), which share has been calculated by inclusion dividing the ____________ square feet of personal floor area comprising the Leased Premises (such Premises measurement to be confirmed and adjusted, as applicable, with the method of such measurement being the measurement from the middle of the outside perimeter wall to the middle of the outside perimeter wall) by the 000,000 xxxxxx xxxx xx xxxxx xxxx of the Building (such Building measurement to be confirmed and adjusted, as applicable, and such measurement to exclude the blue building that was formerly the retail store, the Quonset hut, and the fire pump and gas house, provided, however, such excluded spaces will be added to the total square footage of the Building if leased by Landlord, and, provided, further, any newly constructed space will be added to the total square footage of the Building). Tenant’s pro rata share of real property and trade fixtures placed taxes shall be paid by Tenant in equal monthly installments in advance along with the payments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total real property taxes due for the fiscal year of the applicable taxing authority. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the tax bills for each year, Landlord will notify Tenant of the amount of real property taxes on which Tenant’s pro rata share is based, and the Premises and Landlord elects to pay amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given year or partial year are greater than Tenant’s share of the taxes based on such increasepayable for a given year or partial year, Tenant shall pay receive a credit from Landlord for the excess against installments of Tenant’s pro rata share next becoming due to Landlord (and in the event of a credit to the Tenant upon demand that part or after termination of the Lease, Tenant shall receive the credit in the form of a refund check payable to the Tenant), and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the difference. Tenant shall be responsible for, and shall pay before delinquency, all taxes assessed during from and after the date of this Lease against any leasehold interest or Tenant’s personal property improvements, decorations, alterations, trade fixtures and/or other personal property of any kind owned by or placed in, upon or about the Leased Premises by Tenant, whether such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or are assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital capita] levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.

Property Taxes. 16.1 (a) Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property covenants and if Landlord elects agrees to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term directly to the applicable authority, before any fine, penalty, interest or cost may be levied upon or assessed against added thereto for the Premises and non-payment thereof, all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to Property Taxes which either of them may become liable. If, at any time during the Lease Term may be assessed, levied, confirmed, imposed upon or become a lien on the Property to the extent such Property Taxes pertain to and are allocable to the Term. Within ten (10) business days after receipt thereof, Landlord shall furnish to Tenant any xxxx or statement for Property Taxes from the applicable governmental authority. Tenant shall have the right to take advantage of all applicable discounts for early payment of Property Taxes. If any assessments included with the Property Taxes are payable or, at the option of the taxpayer, may be paid, in installments, Tenant may pay the same in installments as the same respectively become payable and before any fine, penalty, interest or cost may be added thereto for the non-payment of any installment. With respect to the calendar year in which the Term commences and the calendar year in which the Term expires, Tenant shall be responsible only for the prorated portion of the Property Taxes for such year or for such calendar year falling within the Term. Notwithstanding anything contained herein to the contrary, if title to the Property shall be conveyed more than five (5) times during the Initial Term, then to the present method extent such fifth (5th) conveyance of taxation the Property shall cause the Property Tax assessment of the value of the Property to be increased, Tenant’s liability for Property Taxes shall thereafter be calculated using the assessed value of the Property stated in the Property Tax assessment for the year in which the sixth (6th) conveyance of the Property occurs. Tenant shall continue to be liable for any increase in the millage rate and rate of taxes levied. Further, this provision shall not apply with respect to any conveyance made during any Renewal Term. To the extent Tenant’s liability for Property Taxes shall be changed so that in lieu of the whole or any part of any taxeslimited as hereinabove provided, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there Landlord shall be leviedresponsible for paying all Property Taxes in excess of Tenant’s liability therefor, assessed as so limited. (b) Tenant shall have the right at its own expense to contest the amount or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or basedvalidity, in whole or in part, of any Property Taxes, by appropriate proceeding diligently conducted in good faith, in which event, Tenant may postpone or defer payment of such Property Taxes if (a) neither the Premises nor any portion thereof would, by reason of such postponement or deferment, be in danger of being forfeited or lost, and (b) Tenant shall have deposited with Landlord cash or a letter of credit issued by a national bank or federal savings and loan association in the amount of the Property Taxes so contested and unpaid, together with all interest and penalties which may accrue in Landlord’s reasonable judgment in connection therewith. If, during the continuance of such proceedings, Landlord shall, from time to time, reasonably deem the amount deposited, as aforesaid, insufficient, Tenant shall, upon demand of Landlord, make additional deposits of such additional sums of money or such additional certificates of deposit, or letters of credit as Landlord may reasonably request. Upon failure of Tenant to make such additional deposits, the amount theretofore deposited may be applied by Landlord to the payment, removal and discharge of such Property Taxes, and the interest, fines and penalties in connection therewith, and any costs, fees (including attorney’s fees) and other liability (including costs incurred by Landlord) accruing in any such proceedings. Upon the termination or final determination of any such proceedings, Tenant shall pay the amount of such Property Taxes or part thereof, if any, as finally determined in such proceeding, the payment of which may have been deferred during the prosecution of such proceedings, together with any costs, fees, including attorneys’ fees, interest, penalties and fines in connection therewith, and upon such rents from payment Landlord shall return all amounts or certificates or letters of credit deposited with it with respect to the Premisescontest of such Property Taxes, then all as aforesaid, or, at the written direction of Tenant, Landlord shall make such taxespayment out of the funds on deposit with Landlord or by drawing upon such letters of credit and the balance, assessments, levies or charges, or the part thereof so measured or basedif any, shall be deemed included within returned to Tenant. Tenant shall be entitled to the term “refund of any Property Taxes” , penalty, fine and/or interest thereon which may have been paid by Tenant prior thereto. Landlord shall not be required to join in any proceedings referred to in this section, unless the provisions of any law, rule or regulation at the time in effect shall require that such proceedings be brought by or in the name of Landlord, in which event, Landlord shall join in such proceedings or permit the same to be brought in the name of Landlord, in which event Landlord shall join in such proceedings to permit the same to be brought in Landlord’s name, upon Tenant’s compliance with such conditions as Landlord may reasonably require, and provided Landlord shall not have any liability for any costs or fees, including attorneys’ fees, costs and expenses, in connection with any such proceedings. During the purposes time when any such cash or certificate of this Article. 16.3 As a component deposit is on deposit with Landlord, and prior to the time when the same is returned to Tenant or applied against the payment, removal or discharge of Adjusted RentProperty Taxes, as above provided, Tenant shall deposit be entitled to receive all interest paid thereon. (c) At Landlord’s written demand after any Event of Default and for as long as such Event of Default is uncured, Tenant shall pay to Landlord the known or reasonably estimated yearly Property Taxes payable with Landlord each month an amount (a “Tax Escrow Payment”) respect to the Premises in monthly payments equal to one-twelfth (1/12) of the known or reasonably estimated yearly Property Taxes next payable with respect to the Premises. From time to time Landlord may reasonably reestimate the amount of Property Taxes, and in such event Landlord shall notify Tenant, in writing, of such reestimate and fix future monthly installments for the applicable calendar yearremaining period prior to the next Property Tax due date in an amount sufficient to pay the reestimated amount over the balance of such period after giving credit for payments made by Tenant on the previous estimate. In the event that as of date as of which Tenant expressly authorizes shall elect to pay Property Taxes in accordance with Section 3.8(a), above, the event of default that shall have been the occasion for Landlord’s demand for the monthly escrow of estimated Property Taxes with Landlord shall remain uncured, then Tenant shall deliver to use Landlord the funds deposited pursuant balance of the sums which, together with the sums previously escrowed with Landlord, shall be sufficient to this Section pay the Property Taxes, assuming payment thereof as of the date five (5) business days following Landlord’s receipt thereof from Tenant, and thereupon Landlord shall be responsible to pay such costProperty Taxes and Tenant shall have no further liability therefor. The initial Tax Escrow Payment is In the amount specified in Section 1.1 (m) above. The Tax Escrow Payment event that the event of default that shall be based upon have been the occasion of Landlord’s estimate demand for the monthly escrow of estimated Property Taxes with Landlord shall have been cured, then, within five (5) business days following request therefor from Tenant, Landlord shall, as the case may be, return the letter(s) of credit or pay to Tenant the entire amount of the cost cash sums or certificates of the Taxes deposit theretofor escrowed with Landlord for any calendar year of the Lease TermProperty Taxes, and shall be reconciled annuallytogether with interest thereon. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments monthly payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay paragraph shall exceed the Taxes shall survive the termination amount of this Leasepayments necessary for said Property Taxes, and a final reconciliation of Tenant’s Tax Payments such excess shall be made credited on subsequent monthly payments of the same nature; or if the Lease shall theretofore have expired or terminated, paid to Tenant within thirty (30) days after following such expiration or termination, but if the total of such monthly payments so made under this paragraph shall be insufficient to pay such Property Taxes when due, then Tenant shall pay to Landlord such amount as may be necessary to make up the deficiency, within thirty (30) days following notice thereof from Landlord. (d) In addition to the right of Tenant under this Section to contest the amount or validity of Property Taxes, Landlord shall also have the right, but not the obligation, to contest the amount or validity, in whole or in part, of any Property Taxes not contested by Tenant, by appropriate proceedings conducted in the name of Landlord or in the name of Landlord and Tenant. If Landlord elects to contest the amount or validity, in whole or in part, of any Property Taxes, such contests by Landlord shall be at Landlord’s receipt expense, provided, however, that if the amounts payable by Tenant for Property Taxes are reduced (or if a proposed increase in such amounts is avoided or reduced) by reason of a tax xxxx Landlord’s contest of Property Taxes, Tenant shall reimburse Landlord for costs incurred by Landlord in contesting Property Taxes, but such final reimbursements shall not be in excess of the amount saved by Tenant by reason of Landlord’s actions in contesting such Property Taxes. With respect to the Property Taxes for the year which are the subject of this Leasesuch protest, Tenant shall be entitled to the refund of any Property Taxes or estimated amounts therefor, and all penalties, fines and/or interest thereon which may have been paid by Tenant prior thereto. (f) The last sentence of Section 3.9(a) is hereby deleted in its entirety and replaced with the following:

Property Taxes. 16.1 Tenant The term “Property Taxes” shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay mean all real property taxes and personal property taxes, general licenses, charges and special assessments, license fees and other charges of every description (the “Taxes”) assessments which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges are levied, assessed or imposed by any governmental or quasi-governmental authority, improvement or assessment district with respect to the Building or any other fixtures, improvements, equipment or other property of Landlord real or personal, located in the Building and used in connection with the operation thereof, whether or not now customary or within the contemplation of the parties hereto, including, without limitation, assessments (whether they be general or special), sewer rents and charges, transit fees or taxes, housing funds, education funds, street or highway fees, taxes based upon the receipt of rent, and any other federal, state or local governmental charge, general, special, ordinary or extraordinary (but not including income or franchise taxes, capital stock, inheritance, estate, gift, or any other taxes imposed upon or measured by Landlord’s gross income or profits, unless the same shall be imposed in lieu of real estate taxes or other ad valorem taxes). Property Taxes shall also include all fees and costs, including attorney’s fees, appraisals and consultants’ fees, incurred by Landlord in seeking to obtain a reassessment, reduction of, or a limit on the Premises and the Buildingincrease in, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “any Property Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Property Taxes for any calendar year of the Lease Term, and shall be reconciled annuallyProperty Taxes which are due for payment or paid in such year, rather than Property Taxes which are assessed or become a lien during such year. If Property Taxes shall also include any personal property taxes imposed upon the reconciliation reveals furniture, fixtures, machinery, equipment, apparatus, systems and appurtenances of Landlord used in connection with the Building. In the event that it shall not be lawful for Tenant to reimburse Landlord for Tenant’s total Tax Escrow Payments are less than percentage share of any Property Tax, as defined herein, the actual cost of the Taxes, Tenant shall pay the difference rent payable to Landlord within ten (10) days under this Lease shall be revised to yield to Landlord the same net rent from the Premises after imposition of any such tax upon Landlord delivers as would have been received by Landlord hereunder prior to Tenant a statement thereforthe imposition of any such tax. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Property Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay exclude all penalties, fines, interest to Tenant and late charges for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation failure to timely pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this LeaseProperty Taxes.

Property Taxes. 16.1 18.1 Tenant shall be liable for, and shall pay thirty (30) days before delinquency, all taxes taxes, levies and assessments levied against any personal property or assessed against all personal property, furniture, trade fixtures or equipment placed by Tenant upon in or about the Premises, and, when possible, Tenant shall cause such personal property and trade fixtures to be assessed and billed separately from the Premises. If any such taxes taxes, levies and assessments on Tenant's personal property or trade fixtures are levied against Landlord or Landlord’s property and if Landlord elects to pay the same 's property, or if the assessed value of Landlord’s property the Premises is increased by the inclusion therein of a value placed upon such personal property and or trade fixtures placed of Tenant, and if Landlord pays the taxes, levies and assessments based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, but only under proper protest if requested by Tenant on the Premises and Landlord elects to pay the taxes based on such increaseTenant, Tenant shall pay repay to Landlord upon demand that part demand, as additional rent, the taxes, levies and assessments so levied against Landlord, or the proportion of such taxes for which taxes, levies and assessments resulting from such increase in the assessment, together with interest thereon from the date of payment by Landlord to the date of reimbursement by Tenant is primarily liable hereunderat the rate of ten percent (10%) per year. Provided, however, that in any such event, Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation but without any cost to Landlord, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes, levies and assessments so paid under protest, any amount so recovered to belong to Tenant. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (18.2 If the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all tenant improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, installed and/or paid for by Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's "building standard" for the Premises are assessed, then all such taxes, assessments, levies or charges, the real property taxes and assessments levied against Landlord or the part thereof so measured or based, Premises by reason of such excess assessed valuation shall be deemed included within the term “Taxes” for the purposes to be taxes levied against personal property of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If governed by the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost provisions of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leasesubparagraph 18.

Property Taxes. 16.1 17.1 Tenant shall pay be liable for all taxes levied or assessed against all personal property, furniture, property and trade fixtures or equipment placed by Tenant upon in the Demised Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is in increased by inclusion of personal property and trade fixtures placed by Tenant on in the Demised Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general 17.2 Commencing on the Rent Commencement Date and special assessments, license fees and other charges continuing for the remainder of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method Tenant agrees to pay to Landlord each calendar year or fiscal year, as additional rent, Tenant’s Proportionate Share of taxation Taxes (defined below). “Taxes” shall be changed so that in lieu of the whole or any part of any mean real estate taxes, assessments, levies business taxes, excises, association dues, fees, levies, charges and other taxes of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, which may be levied or charges leviedassessed against or arise in connection with ownership, assessed use, occupancy, rental, operation or imposed on possession of the Premises Real Property (including personal property taxes for property that is owned by Landlord and used in connection with the Buildingoperation, there shall be leviedmaintenance and repair of the Real Property), assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or basedsubstituted, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or chargesfor a tax previously in existence by any taxing authority, or the part thereof so measured assessed in lieu of a tax increase, or based, paid as rent under any ground lease. In no event shall be deemed included within the term “Taxes” for include any interest or penalties arising by reason of Landlord’s failure to pay the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar yearsame when due and payable. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference paid to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxesunder this Article XVII, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation Section 17.2 to pay the Taxes shall be limited to levied or assessed against the payment Real Property based upon the amount due by Landlord on November 30th of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general fundseach year. Tenant’s obligation Proportionate Share of Taxes for the 2012 calendar year are presently estimated to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of be fifty-five cents ($0.55) per square foot. Tenant’s Tax Payments payment of its Proportionate Share of Taxes shall be made within thirty (30) days after Landlordin the same manner as Tenant’s receipt Proportionate Share of a tax xxxx for such final year of this Leasethe Common Area Maintenance Costs set forth in Article 5.2.

Property Taxes. 16.1 (a) Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects prior to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall delinquency pay all real property taxes, general taxes and special assessments, license charges and fees and other charges of every description (the “Taxes”) which during the Lease Term may be imposed, assessed, or levied upon or assessed by any governmental authority against the Premises and all interests therein and all improvements and other property thereonupon Tenant's use of the Premises or any inventory, whether belonging to Landlord or Tenantpersonal property, fixtures, or equipment kept or installed or permitted to which either be located therein by Tenant throughout the Rental Term of them may become liable. If, at any time during the Lease Term(all of which are collectively herein referred to as "Taxes"). For the initial partial calendar year, Landlord will advance the present method of taxation payment for property taxes and shall be changed so that in lieu then invoice Tenant for Tenant's pro-rata share due for the period from the Rental Term Commencement Date to end of the whole taxable year. Said invoice shall show the calculation of Tenant's share in reasonable detail. Tenant shall reimburse Landlord for said pro-rata share within twenty (20) days after receipt of said invoice. Thereafter, Landlord shall cause the Premises to be separately assessed and shall forward the tax xxxx to Tenant when received and Tenant shall pay said Taxes in full on or before the date delinquent. If Tenant fails to pay said Taxes prior to delinquency, Landlord may advance the same on behalf of Tenant together with any penalties chargeable thereon and Tenant shall reimburse Landlord the sums so advanced together with interest at fifteen (15%) percent from the date paid by Landlord within twenty (20) days after receipt of invoice from Landlord. (b) Notwithstanding the above, Tenant shall not be obligated, however, to any income tax, profits tax, or excise tax that may be payable by or chargeable to Landlord. Tenant shall not be obligated to pay any inheritance, transfer, estate, succession or other similar tax or charge that may be payable under any present or future law by reason of the devolution, succession, transfer, passing by inheritance, devise, acquisition or becoming effective of the right to possession and enjoyment of all or a part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on estate of Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxeswhether by descent, assessmentsdeed, levies or chargestestamentary provision, trust deed, gift, mortgage, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Articleotherwise. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.

Property Taxes. 16.1 Tenant shall pay Subject to Article 10 relating to permitted contests, Lessee will pay, or cause to be paid, all real and personal property taxes and assessments levied or assessed against all personal propertythe Leased Properties and applicable to the periods of time within the Term of this Lease (collectively "Taxes") before any fine, furniturepenalty, fixtures interest or equipment placed by Tenant cost may be added for non-payment, such payments to be made directly to the taxing authorities where feasible or required, and will promptly, upon the Premisesrequest, furnish to Lessor copies of receipts or other satisfactory proof evidencing such payments. If any such taxes are levied against Landlord Taxes may, at the option of the taxpayer, lawfully be paid in installments (whether or Landlord’s property and if Landlord elects not interest shall accrue on the unpaid balance of such Taxes), Lessee may exercise the option to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property (and trade fixtures placed by Tenant any accrued interest on the Premises unpaid balance of such Taxes) in installments and Landlord elects to pay the taxes based on in such increaseevent, Tenant shall pay such installments during the Term hereof as the same respectively become due and before any fine, penalty, premium, further interest or cost may be added thereto. Lessee may, at Lessee's sole cost and expense, protest, appeal or institute such other proceedings as Lessee may deem appropriate to Landlord upon demand that part effect a reduction of Taxes and Lessor, at Lessee's expense as aforesaid, shall cooperate with Lessee in such protest, appeal or other action. Lessee shall reimburse Lessor for Lessor's direct costs of cooperating with Lessor in such protest, appeal or other action. If Lessee elects not to contest Taxes, Lessor shall have the right to do so in its own name and at its sole cost and expense. If any refund shall be due from any taxing authority in respect of any Taxes paid by Lessee, the same shall be paid over to or retained by Lessee. In case any person or entity to whom any sum is directly payable by the Lessee under any of the provisions of this Lease shall refuse to accept payment of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant sum from the Lessee, the Lessee shall thereupon give written notice of such fact to the Lessor and shall pay all real property taxessuch sum directly to Lessor, general and special assessmentsLessor shall thereupon pay such sum to such person or entity. To the extent Lessee so pays any taxes to Lessor, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation Lessee shall be changed so that in lieu relieved of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of its obligation under this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section Lease to pay such cost. The initial Tax Escrow Payment is Taxes to the amount specified in Section 1.1 (m) above. The Tax Escrow Payment applicable taxing authority to which such Taxes would otherwise be due and to the extent Lessee pays any Taxes due to the applicable taxing authority, Lessee shall be based relieved of its obligation under this lease to pay such item as an Additional Charge under this Lease. Lessor and Lessee shall, upon Landlord’s estimate request of the cost of other, provide such data and information as is maintained by the Taxes for any calendar year of party to whom the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With request is made with respect to the Leased Properties as may be necessary to prepare any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant required returns and Landlord may commingle the funds received by Tenant pursuant to this Section reports with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseany taxing authorities.

Property Taxes. 16.1 Tenant shall pay all All personal and real estate taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which lawfully assessed against or levied upon the Premises or Tenant’s FFE by any lawful taxing authority during the Lease Term may (including any penalties and interest thereon) shall be levied upon or assessed against the Premises paid by Tenant when due and all interests therein and all improvements and other property thereonbefore becoming delinquent, whether belonging to Landlord or Tenant, or to which either of them may become liable. Ifexcept that Tenant may, at its option, contest any time during such assessment (in its own or in Landlord’s name) or levy which Tenant believes to have been unlawfully or unfairly made; provided, however, that (a) Tenant shall indemnify and hold harmless Landlord from any loss or damage resulting from any such contest, and (b) Landlord agrees to provide Tenant with all reasonable assistance in such contest, including joining in and signing pleadings. Any reduction of Taxes obtained shall be paid or attributable to Tenant. In any instance in which the Lease TermTerm includes only a portion of a tax year, the present method of taxation Landlord shall be changed so liable for that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar such tax year which lies within is not included in the Lease Term. Landlord may, at its sole discretion, cause tax statements and notices from the various taxing authorities to be sent directly to Tenant. Tenant shall have no obligation furnish to Landlord annual proof of the payment of such taxes, if requested by Landlord. In the event Tenant fails to pay interest to Tenant such Taxes, Landlord may, but shall not be required to, pay the same for Tax Escrow Payments made the Tenant’s account, and any amounts paid by Landlord therefore shall be deemed additional rent payable by Tenant upon demand by Landlord. Taxes, as that term is used herein, shall include, among other things, all assessments for betterments and improvements that are levied or assessed by any lawful authority on the Premises, including, but not limited to, the widening of exterior roads, the installation of or hookup to sewer lines, sanitary and storm drainage systems and other utility lines and installations. Landlord may commingle shall take the funds received by Tenant pursuant maximum benefit of any law allowing assessments to this Section with Landlord’s general fundsbe paid in installments. Tenant’s obligation to pay the Taxes for any tax year shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments mean such amounts as shall be finally determined to be taxes payable during such tax year less any abatements, refunds or rebates made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leasethereof.

Property Taxes. 16.1 Landlord shall pay, or cause to be paid, all Real Estate Taxes which may be lawfully charged, assessed or imposed on the Center; provided, however, that if authorities having jurisdiction assess Real Estate Taxes which Landlord deems excessive, Landlord may defer compliance therewith to the extent permitted by the applicable laws so long as the validity or amount thereof is contested by Landlord in good faith. 16.2 Tenant shall pay pay, as and when due, all taxes levied which may be lawfully charged, assessed or assessed against imposed upon all trade fixtures, equipment and other personal propertyproperty of every type in the Premises, furniture, fixtures or equipment placed by and all license fees which may be lawfully imposed upon the business of Tenant conducted upon the Premises. If any such taxes for which Xxxxxx is liable are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on in the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 16.3 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenantmonthly, or in advance, on the first day of each month, one-twelfth (1/12th) of the Tax Charge, in an amount reasonably estimated by Landlord. After receipt of all tax bills and assessment bills attributable to which either of them may become liable. If, at any time calendar year during the Lease Term, Landlord shall furnish Tenant with a written statement of the present method actual amount of taxation the Tax Charge for such year. If the total amount paid by Tenant under this Section for any calendar year shall be changed so that in lieu of less than the whole or any part of any taxesactual amount due from Tenant for such year, assessments, levies or charges levied, assessed or imposed as shown on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rentstatement, Tenant shall deposit with pay to Landlord each month an on demand the difference between the amount paid by Xxxxxx and the actual amount due; and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited by Landlord against the Rent next due (a “Tax Escrow Payment”) equal except that any amounts remaining at the termination of this Lease shall be offset against any amounts then owing by Tenant to one-twelfth (1/12) of Landlord and any remaining net surplus shall then be refunded by Landlord to Tenant). This Section shall also apply to the Taxes calendar years in which this Lease commences and terminates, but Tenant’s liability for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay Tax Charge for such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment years shall be subject to a pro rata adjustment based upon on the number of days of such calendar years during which this Lease is in effect. Prior to or at the Commencement Date and from time to time thereafter, Landlord shall notify Tenant of Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease TermXxxxxx’s monthly installments or Tax Charge due hereunder, and which estimate shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, continue until Landlord notifies Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseotherwise.

Property Taxes. 16.1 a) Tenant covenants and agrees to pay as additional rent its proportionate share of all real estate taxes, assessments, water rates and charges, and other governmental charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind or nature whatsoever, including, but not limited to assessments for public improvements or benefits which shall pay all taxes be laid, assessed, levied or imposed upon and become due and payable, and a lien upon the land and building of the demised premises for any and all tax years during the term hereof (all of which real estate taxes, assessments, charges, levies or other governmental charges are referred to as "taxes"). The sum of the taxes assessed against all personal propertythe building for any tax year during the term hereof shall be deemed to be the taxes assessed against the building for said tax year and the tenant's proportionate share of same shall be 94.8% (ninety four point eight percent). b) From the commencement date hereof and thereafter, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such during each period during which real estate taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased being paid by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes landlord based on such increasepreliminary tax bills, Tenant tenant shall pay to Landlord upon demand that part landlord, on the first day of each and every month during such period, 1/12th (one twelfth) of tenant's proportionate share of the annualized preliminary applicable taxes then being paid by landlord. Upon receipt by landlord of final real estate tax bills or bills for additional taxes or assessments, tenant shall pay to landlord any unpaid portion of its pro rata share of such taxes for which Tenant is primarily liable hereunderin equal monthly installments on the first day of each and every month during the balance of the calendar year. 16.2 Tenant c) All real estate taxes which shall pay become payable for the first and last tax years of the term hereof shall be apportioned pro rata between landlord and tenant in accordance with the respective number of months during which each party shall be in possession of the demised premises in said respective tax year. d) If landlord shall obtain a remission or a refund of all or any part of the real property taxesestate taxes heretofore paid by tenant for any year, general and special assessmentslandlord shall promptly refund to tenant (or credit tenant with) its proportionate share of such remission or refund, license fees and other charges after deduction of every description (the “Taxes”all expenses incurred in connection therewith. e) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, If at any time during the Lease Term, term of this lease the present method methods of taxation prevailing at the commencement of the term hereof shall be changed altered so that in lieu of or as a supplement to or a substitute for the whole or any part of any taxes, assessments, levies the real estate taxes or charges assessments now levied, assessed or imposed on the Premises and the Buildingimposed, there shall be leviedis imposed (i) a tax, assessed assessment, levy, imposition or imposed on Landlord a charge, wholly or partially as a capital levy or other tax directly otherwise, on the rents received therefrom and/or or (ii) a franchise tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based, based in whole or in partpart upon the premises and imposed upon the landlord, upon such rents from or (iii) a license fee measured by the Premisesrent payable under this lease, then all such taxes, assessments, levies or levies, impositions and charges, or the part thereof so measured or based, based shall be deemed to be included within in the term “Taxes” for general real estate taxes and assessments payable by the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited tenant pursuant to this Section to pay such cost. The initial Tax Escrow Payment is paragraph and the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant tenant shall pay and discharge the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost same as herein provided in respect of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant general real estate taxes and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseassessments.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property (i) Subject to subparagraphs (ii) and if Landlord elects to pay the same or if the assessed value (iii) of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increasethis Section 6(a), Tenant shall pay directly to the public authorities charged with collection therefor, before delinquency, all Property Taxes that become payable with respect to the Property for periods covered by the Term. If Tenant fails to pay such Property Taxes as and when required hereunder, Tenant shall be in breach hereof, and, without limiting any other remedy for such breach that Landlord may have, Landlord may pay such Property Taxes, in which event the amount of such payment shall become payable to Landlord upon demand that part on demand, and Landlord shall have (in addition to any other right or remedy of such taxes for which Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant is primarily liable hereunder. 16.2 as in the case of default by Tenant in the payment of rental. For purposes hereof, "Property Taxes" shall pay mean all real property taxes, assessments (general or special), property tax reassessments caused by a change in ownership of the Property and special assessments, license fees and all other charges of every description taxes (the “Taxes”including any tax levied wholly or partly in lieu thereof) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord Building (or Tenant, or to which either of them may become liable. If, at any time during the Lease Termthis Lease, the present method occupancy of taxation shall be changed so that Tenant or the sums payable by Tenant hereunder), excluding only (a) taxes covered by Section 6(b) hereof, (b) federal and California income and death taxes imposed with respect to Landlord, (c) taxes levied on Landlord's rental income, unless such tax is imposed in lieu of the whole or any part of any real property taxes, assessmentsand (d) any tax or assessment expense in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest permitted term. For purposes hereof, levies or charges levied, assessed or imposed on the Premises "taxes" is meant to be interpreted in its most comprehensive sense and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessmentto include any impost, levy or charge measured the like levied by any governmental jurisdiction; and without limiting the generality of the foregoing, "taxes" shall include any tax, fee, excise, levy, transfer, gift or basedother impost imposed by the United States, the State of California or any political subdivision of the State (including any county, city, city and county, public corporation, district or any other political entity or public corporation thereof), however described (including any so-called value-added tax) as a direct substitution in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or chargespart for, or in addition to, real property taxes and assessments. Landlord agrees to give appropriate written instructions to the part thereof so measured or based, shall public authorities charged with collecting Property Taxes to cause statements and xxxxxxxx to be deemed included within mailed directly by such public authorities to Tenant at the term “Taxes” for address set forth in the purposes of this Article. 16.3 As a component of Adjusted Rent, Basic Lease Information. Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal deliver to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxeson demand, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning original receipts or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the photocopies evidencing payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this LeaseProperty Taxes.

Property Taxes. 16.1 Tenant 4.1. Lessor confirms that the Leased Premises and Real Property are currently located in a property tax abatement area and accordingly, real property taxes are being abated with respect to the Premises or Real Property through 2017 (the “Abatement Expiration Date”). Lessee shall pay such reduced real property taxes or assessments with respect to the Leased Premises or Real Property under this Lease which taxes will increase incrementally over time until the Abatement Expiration Date when taxes will be due and payable at the full assessed value unless the Real Property has earlier become ineligible for such treatment due to the action or inaction of the Lessee, its agents, officers or employees or is otherwise eliminated or adjusted by action of any local, county or state authority with jurisdiction are such property tax abatement. Lessee agrees to reasonably cooperate with Lessor, without cost or liability to Lessee, in maintaining tax abatement for the Leased Premises and the Real Property. 4.2. Throughout the Term of this Lease, Lessee shall pay to Lessor its Proportionate Share (hereinafter defined) of any and all real property taxes levied and assessments attributable to the Building and the Real Property becoming due and payable during or in respect of the Term hereof. The Lessee’s “Proportionate Share” shall be that percentage derived by dividing the rentable area of the Leased Premises by the total rentable area of the Building. The Lessee’s Proportionate Share, as of the date of this Lease, is fifty-eight and 33/100 percent (58.33%). Notwithstanding the foregoing, to the extent the Leased Premises are separately assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value valuation can be determined from the records of Landlordthe assessor’s property office, or the assessment is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects solely due to Lessee’s improvements, then Lessee shall pay the taxes based on due to such increase, Tenant increase in addition to the Proportionate Share or shall pay to Landlord upon demand that part the taxes calculated in accordance with one hundred percent (100%) of the separate assessment. 4.3. Lessee’s Proportionate Share of such property taxes for which Tenant is primarily liable hereunder. 16.2 Tenant and assessments shall pay all real property taxesbe payable by Lessee, general and special assessments, license fees and other charges of every description as Additional Rent to Lessor in twelve (12) equal monthly installments pursuant to the “Taxes”Property Tax Budget (hereinafter defined) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liableas hereinafter set forth. If, at any time during the Lease TermTerm (1) a surcharge, fee, excise or tax is levied or imposed upon utilities consumed at or waste discharged from the present Leased Premises, or upon parking spaces which are a part of the Parking Area, or for any governmental service furnished to the Building or persons visiting or occupying the same (unless the same are occasioned or required solely by the tenants in any portion of the Building that is not part of the Leased Premises and is separately payable by such other tenants); or (2) the method of taxation shall be of real property is changed from the method in existence on the date of this Lease, so that in lieu real estate taxes are replaced by one or more other types of alternative tax (collectively hereinafter referred to as “replacement taxes”); then, the Lessee shall pay either to the governmental body involved or to the Lessor, as Additional Rent, its Proportionate Share of the whole amount of such (1) surcharge, fee, excise or tax on utilities, waste, parking spaces or governmental services; and (2) such replacement taxes. Nothing herein contained is intended to require the Lessee to pay any part of any taxes, assessments, levies or charges tax levied, assessed or imposed (a) solely as a result of any improvements to or uses of any other leased premises in the Building (other than the Leased Premises) which tax is separately payable by the tenant of such other leased premises, or (b) upon Lessor based upon Lessor’s net income, excise profits or net taxable revenues or receipts (other than a sales tax on Rent). 4.4. Prior to the Lease Commencement Date and prior to each calendar year during the Term, Lessor shall provide Lessee with a budget of the annual property taxes based upon the current anticipated or prior year’s tax xxxx (the “Property Tax Budget”) setting forth Lessor’s projection of the property taxes which Lessor anticipates for the current year of the Term. Lessor’s preparation of the Property Tax Budget shall be Lessor’s good faith estimate thereof only and Lessor shall have no liability for any errors or omissions therein and Lessee shall be responsible for the full payment of any and all actual property taxes irrespective of the amounts therefor set forth in the Property Tax Budget. Lessee shall pay to Lessor on the Premises and first (1st) day of each calendar month during the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes Term of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to Lease one-twelfth (1/121/12th) of the Taxes for amount set forth in the applicable calendar yearProperty Tax Budget. Tenant expressly authorizes Landlord to use As soon as reasonably practicable after the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon LandlordLessor’s estimate receipt of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less actual property tax xxxx but no later than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten thirty (1030) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than receipt of the actual cost property tax xxxx, Lessor shall provide Lessee with an invoice indicating the difference between the amounts actually due for all of the Taxes, Landlord shall credit property taxes and the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited amounts paid thereon by Lessee pursuant to the payment of Taxes attributable to Property Tax Budget (the portion of the calendar year which lies within the Lease Term“Property Tax Reconciliation”). Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this LeaseLessee shall, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after LandlordLessee’s receipt of the Property Tax Reconciliation, pay to Lessor any amount set forth therein which represents an underpayment of the amount actually due or, if the amount paid by Lessee toward all of the property taxes pursuant to the Property Tax Budget exceeds the actual amounts therefor, then Lessor shall credit such excess amount against Lessee’s next monthly payment(s) of Additional Rent, first applying any such excess to the Property Tax Budget (and, so long as an Event of Default does not exist beyond the applicable notice and cure periods, shall refund such amount to Lessee if such credit is determined after the expiration of the Term or shall refund so much of such credit that exceeds the Additional Rent payable hereunder within 30 days after the date the credit is received by Lessor). If Lessor shall receive any refund or reimbursement of property taxes with respect to any lease year for which Lessee paid a tax xxxx Proportionate Share of such taxes, out of any balance remaining after deducting Lessor’s expenses reasonably incurred in obtaining such refund, Lessor shall reimburse to Lessee, an amount equal to Lessee’s Proportionate Share of such refund or reimbursement or sum in lieu thereof, provided however, if an Event of Default exists that is not cured within all applicable notice and cure periods, then Lessor shall hold such funds as additional security pursuant to the first paragraph of Section 2.5, and shall use and return the same in accordance therewith. 4.5. Lessor agrees to promptly provide Lessee with a copy of any notice of assessment or reassessment of the Building or the Real Property if the Leased Premises is included within the assessment or reassessment. In the event that the Lessor shall elect not to pursue an appeal of the assessment or reassessment, the Lessee shall have the right to appeal the assessment or reassessment affecting the Leased Premises provided (i) there exists a reasonable basis for the appeal, (ii) that the appeal is undertaken at the sole cost and expense of the Lessee; and (iii) the Lessee indemnifies and agrees to hold harmless the Lessor against any loss or damage incurred by reason of an increase of the assessment as a result of such final year appeal. Lessor agrees to cooperate with the Lessee in the prosecution of this Leasethe appeal at no cost to Lessor. Real estate taxes payable by Lessee shall not include and Lessee shall not be liable for fines, penalties or other charges resulting from Lessor’s failure to timely pay the real estate taxes.

Property Taxes. 16.1 (a) Landlord will pay in the first instance all Property Taxes (as such term is defined in Section 1(j)) of this Lease) which may be levied or assessed by any lawful authority against land or improvements constituting the Buildings and adjacent land for parking and landscaping. The amounts required to be paid by Landlord pursuant to any payment in lieu of tax agreement entered into with a taxing authority having jurisdiction over the Buildings shall be considered for the purposes of this Lease to be included within the definition of Property Taxes. (b) During the term of this Lease, Tenant shall pay to Landlord, as Additional Rent, Tenant's pro-rata share of all Property Taxes. Tenant's initial pro-rata share shall be 27.24% of the Property Taxes as of the first day of the Rent Commencement Date. Tenant's pro-rata share of Property Taxes shall be payable on the last day of the month in which Landlord render's a statement of Tenant's pro-rata share for any Property Taxes for which Landlord has received a xxxx, or 30 days after Tenant's receipt of such statement, whichever shall occur later. A copy of the appropriate xxxx for the Property Taxes submitted to Landlord shall be conclusive evidence of the property taxes levied against the buildings. (c) Landlord may in good faith seek a reduction in the assessed valuation (for Property Tax purposes) of the Buildings or assessed against all personal propertyany portion thereof by administrative or legal proceeding. Tenant shall pay to Landlord Tenant's pro- rata share of Landlord's reasonable costs for said proceedings, furnitureincluding counsel fees, fixtures appraisal fees and other similar expenses, within twenty (20) days after Tenant's receipt of a statement from Landlord therefore. Tenant's initial pro-rata share of such costs shall be 27.24% (based on 72,526 rentable square feet). Landlord shall reimburse Tenant for Tenant's pro-rata share of any refund of Property Taxes (after deducting any unpaid portion of Tenant's pro- rata share of Landlord's cost for such proceedings) resulting from any proceeding for which Tenant has paid Tenant's pro-rata share of Property Taxes. (d) Tenant may elect, at its sole expense, to contest any reassessment affecting the Premises or equipment placed by Tenant upon any tax, levy or special assessment on the Premises, and Landlord agrees to cooperate in such action or contest to the extent Landlord's participation may be necessary, but without any cost to Landlord. If such contesting results in a reduction of Property Taxes on the Buildings or a refund, Landlord shall share pro-rata in such refund and pay a pro-rata share of Tenant's expenses in obtaining such refund or reduction. Nothing herein contained shall be construed, however, to permit Tenant to withhold payment of Property Taxes during the pendency of any such review, it being understood that Tenant must pay taxes are levied against Landlord pursuant to this Lease. (e) Should any alteration or Landlord’s property and if Landlord elects to pay improvement performed by or for Tenant during the same or if the assessed value term of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increasethis Lease cause an increase in assessment, Tenant shall pay to Landlord the full cost of all Property Taxes resulting from such increase in assessment. Any amount paid separately hereunder by Tenant to Landlord shall be in addition to any amounts paid by Tenant pursuant to the above. Any increase in the amount of Property Taxes based upon demand that part any improvements or additions made by future tenants to the Buildings shall not be included in determining Tenant's share of such taxes for which Tenant is primarily liable hereunderProperty Taxes. 16.2 Tenant shall pay all real property taxes(f) Should any governmental taxing authority acting under any present or future law, general and special assessmentsordinance or regulation, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied levy, assess or impose a tax, excise, surcharge or assessment upon or assessed against the Premises and all interests therein and all improvements and other property thereonrent payable by Tenant to Landlord, or upon or against the Common Areas, whether belonging to Landlord or Tenant, or to which either by way of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole substitution for or in partaddition to any existing Property Tax or otherwise, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, amount shall be deemed included within in the term “"Property Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified " as used in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease. (g) Tenant shall have the right, upon reasonable advance notice, to review Landlord's calculations pertaining to estimated Property Taxes, and actual annual Operating Expenses and Property Taxes, and the books and records supporting such calculations at the offices of Landlord.

Property Taxes. 16.1 As additional rent, Tenant shall pay all its pro rata share of the real property taxes levied and/or payments in lieu of real property taxes and assessments payable during the term of this Lease with respect to the Property; provided, however, that, for the purpose of calculating such Tenant’s pro rata share thereof, it is understood and agreed that there shall be excluded from the total real property taxes imposed or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If Property (i) any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if increase in the assessed value of the Property arising by reason of the redevelopment thereof and/or the construction of any additional improvements upon the Property, (ii) any income, revenue, inheritance, devolution, estate, succession, transfer, gift, capital levy, excess profits, franchise, gross receipts, corporation, payroll, stamp or profit tax, by whatsoever authority imposed or howsoever designated, (iii) any penalties imposed upon Landlord for Landlord’s delinquent payment of taxes or (iv) any tax upon the sale, transfer and/or assignment of the title or estate of Landlord. As of the date hereof, Tenant’s pro rata share of real property taxes is increased (7.93%), which share has been calculated by inclusion dividing the 31,500 square feet of personal floor area comprising the Leased Premises (such Premises measurement to be confirmed and adjusted, as applicable, with the method of such measurement being the measurement from the middle of the outside perimeter wall to the middle of the outside perimeter wall) by the 000,000 xxxxxx xxxx xx xxxxx xxxx of the Building (such Building measurement to be confirmed and adjusted, as applicable, and such measurement to exclude the blue building that was formerly the retail store, the Quonset hut, and the fire pump and gas house, provided, however, such excluded spaces will be added to the total square footage of the Building if leased by Landlord, and, provided, further, any newly constructed space will be added to the total square footage of the Building). Tenant’s pro rata share of real property and trade fixtures placed taxes shall be paid by Tenant in equal monthly installments in advance along with the payments of Base Rent in such amounts as are reasonably estimated and billed by Landlord based upon the total real property taxes due for the fiscal year of the applicable taxing authority. Landlord may revise its estimate and may adjust such monthly payment at the end of any calendar month. After Landlord has received the tax bills for each year, Landlord will notify Tenant of the amount of real property taxes on which Tenant’s pro rata share is based, and the Premises and Landlord elects to pay amount of Tenant’s pro rata share. If the aforesaid monthly payments on account of Tenant’s pro rata share for a given year or partial year are greater than Tenant’s share of the taxes based on such increasepayable for a given year or partial year, Tenant shall pay receive a credit from Landlord for the excess against installments of Tenant’s pro rata share next becoming due to Landlord (and in the event of a credit to the Tenant upon demand that part or after termination of the Lease, Tenant shall receive the credit in the form of a refund check payable to the Tenant), and if said payments are less than Tenant’s share, Tenant shall forthwith pay Landlord the difference. Tenant shall be responsible for, and shall pay before delinquency, all taxes assessed during from and after the date of this Lease against any leasehold interest or Tenant’s personal property improvements, decorations, alterations, trade fixtures and/or other personal property of any kind owned by or placed in, upon or about the Leased Premises by Tenant, whether such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or are assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Lease.

Property Taxes. 16.1 Tenant TENANT shall pay LANDLORD, as additional rent, a real property tax contribution charge which shall be the greater of (a) TENANT’S pro rata share of all real property taxes which may be levied or assessed by any lawful authority against all personal propertythe Building and the common areas of the Shopping Center or against LANDLORD in respect of the land and improvements in the Building/or the common areas of the Shopping Center, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant (b) a minimum charge as defined on the FACE PAGE per square foot of TENANT’S Demised Premises per year. The amount of TENANT’S minimum charge and Landlord elects to pay the amount of TENANT’S pro rata share of the aforesaid total taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises Building or against the LANDLORD in respect of the land and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during in the Lease Term, the present method of taxation Building shall be changed so that in lieu computed by using the fraction the numerator of which shall be the square foot area of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Demised Premises and the Building, there denominator of which shall be leviedthe gross leasable square foot area in the Building. The amount of TENANT’S minimum charge and the amount of TENANT’S pro rata share of the aforesaid total taxes assessed against the Shopping Center or against the LANDLORD in respect of the land and improvements in the Shopping Center shall be computed by using the fraction the numerator of which shall be the square foot area of the Demised Premises and the denominator of which shall be the gross leasable square foot area in the Shopping Center. Initially, assessed or imposed on Landlord a capital levy or other tax directly TENANT’S minimum charge shall be as defined and set forth on the rents received therefrom and/or a franchise taxFACE PAGE per year, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, which shall be deemed paid as defined and set forth on the FACE PAGE per month. If the term of this Lease shall begin on and/or terminate at a time other than the beginning (or ending, as the case may be) of a tax year, a proper apportionment of said real estate taxes for the year shall be made to cover the fraction of a year included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant Lease. TENANT shall deposit with Landlord each month an amount pay the tax contribution charge to LANDLORD in twelve (a “Tax Escrow Payment”12) equal to one-twelfth (1/12) monthly installments which shall be paid in advance on or before the first day of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall each month, which may, at LANDLORD’S election, be based upon Landlord’s an estimate of the cost taxes to become due. Upon receipt of the Taxes for any actual tax xxxx with respect to each calendar year for which TENANT’S pro rata share of the Lease Termtax contribution charge exceeds the minimum charge as defined on the FACE PAGE, LANDLORD shall deliver to TENANT a copy of the tax xxxx and a statement for such year and the monthly payments paid or payable shall be reconciled annually. If the reconciliation reveals adjusted between LANDLORD and TENANT, TENANT hereby agreeing that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant TENANT shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made LANDLORD within thirty (30) days after Landlord’s of receipt of a such xxxx and statement such amounts as may be necessary to effect adjustment to the agreed pro rata share for such year. In the event that either (a) during any prior calendar year TENANT’S pro rata share of the tax contribution charge as finally adjusted exceeds the minimum charge as defined on the FACE PAGE, or (b) an estimate, statement or projection in writing by the taxing authority indicates that taxes with respect to the current calendar year will exceed the minimum charge as defined on the FACE PAGE, LANDLORD shall have the right in either event to increase the monthly installments for the balance of the current year by such amounts as required to equal in the aggregate TENANT’S pro rata share for such prior calendar year or in respect of such estimate. Upon receipt of the actual tax xxxx with respect to such calendar year, LANDLORD shall deliver to TENANT a copy of the tax xxxx and a statement for such year and the monthly payments paid or payable shall be adjusted between LANDLORD and TENANT, both LANDLORD and TENANT hereby agreeing that TENANT shall pay LANDLORD or LANDLORD shall credit TENANT’S account or pay TENANT, if in respect of TENANT’S final year Lease Year, (but in no event in reduction of this Leasethe minimum charge as defined on the FACE PAGE) within thirty (30) days of receipt of such xxxx and statement such amounts as may be necessary to effect adjustment to the agreed pro rata share for such period.

Property Taxes. 16.1 (a) Tenant covenants and agrees to pay, as part of Additional Rent, Tenant’s Pro Rata Share of all real estate taxes, assessments, water rates and charges, and other governmental charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, including but not limited to assessments for public improvements or benefits which shall pay all taxes be laid, assessed, levied or imposed upon and become due and payable, and a lien upon the Property and Building of the Leased Premises for any and all tax years during the term hereof (all of which real estate taxes, assessments, charges, levies or other governmental charges are referred to as “taxes”). The sum of the taxes assessed against all personal propertythe Building for any tax year during the term hereof shall be deemed to be the taxes assessed against the Building for said tax year and Tenant’s Pro Rata Share of same shall be 92%. (b) Landlord will deliver to Tenant an invoice for real estate taxes as same become due and payable by Landlord. Currently, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such real estate taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value payable on a quarterly basis. Upon receipt but no later than ten (10) business days after receipt of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increaseinvoice, Tenant shall pay to Landlord upon demand that Tenant’s Pro Rata Share of the real estate taxes then due. (c) All real estate taxes which shall become payable for the first and last tax years of the term hereof shall be apportioned pro rata between Landlord and Tenant in accordance with the respective number of months during which each party shall be in possession of the Leased Premises in said respective tax year. (d) If Landlord shall obtain a remission or a refund of all or any part of the real estate taxes heretofore paid by Tenant for any year, Landlord shall promptly refund to Tenant (or credit Tenant with) its proportionate share of such taxes for which Tenant is primarily liable hereunderremission or refund, after pro rata deduction of all expenses incurred in connection therewith. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”e) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, If at any time during the term of this Lease Term, the present method methods of taxation prevailing at the commencement of the term hereof shall be changed altered so that in lieu of or as a supplement to or a substitute for the whole or any part of any taxes, assessments, levies the real estate taxes or charges assessments no levied, assessed or imposed on the Premises and the Buildingimposed, there shall be leviedis imposed: (i) a tax, assessed assessment, levy, imposition or imposed on Landlord a charge wholly or partially as a capital levy or other tax directly otherwise, on the rents received therefrom and/or therefrom, (ii) a franchise tax, tax assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based, based in whole or in partpart upon the Leased Premises and imposed upon Landlord, upon such rents from or (iii) a license fee measured by the Premisesrent payable under this Lease, then than all such taxes, assessments, levies or levies, impositions and charges, or the part thereof so measured or based, shall be deemed to be included within in the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, general real estate taxes and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received assessments payable by Tenant pursuant to this Section with Landlord’s and Tenant shall pay and discharge the same as herein provided in respect of the payment of general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, real estate taxes and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseassessments.

Property Taxes. 16.1 Tenant Section 6.01. The Landlord shall pay all real estate taxes on the demised premises. Provided, however, that if for any calendar year during the term of this Lease (as renewed) the amount of real estate taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay land and/or buildings of which the same or if demised premises form a part shall exceed the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part amount of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation 1990, then and in that event, Tenant covenants and agrees to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made upon demand, as additional rental, within thirty (30) days after Landlord’s receipt of such demand ONE HUNDRED percent (100%) of the amount of the excess over the amount of the taxes payable for the year 1990, provided, however, that additional rents payable by Tenant or co-Tenants or other occupants of the building, if any, under the provisions of Section 6.03 hereunder shall not contribute to or be a tax xxxx portion of the additional rents provided for such final in this Section 6.01. Section 6.02. If, during any calendar year, the Tenant shall occupy the demised premises under the terms hereof for less than a full one-year period, then for that year the Tenant shall be required to pay only a pro rata portion of this Leasethe amount of any increase in real estate taxes chargeable to the Tenant under the provisions of Section 6.01 above, which portion shall be proportionate to the length of the Tenant's occupancy during the year as compared to a full one-year period. Section 6.03. The Tenant shall, for each calendar year falling completely or partially within the term hereof, and for any renewal or extension thereof, pay as additional rental to the Landlord the amount of any increase in real estate taxes for the demised premises resulting from the assessment of any property upon said premises which was not a part thereof at the beginning of the term hereof, and which was placed thereon by, or at the direction or under the control of the Tenant, including, but not limited to, any trade fixtures, leasehold improvements, furniture, merchandise supplies, and other personal property situated within the demised premises. Section 6.04. Tenant shall promptly pay all taxes levied against Tenant's stock or merchandise, furniture, equipment, fixtures, supplies and other personal property situated within the demised premises.

Property Taxes. 16.1 (a) Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects "Property Taxes" (as defined below) applicable to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liableTerm. If, at any time during the Lease Term, the present method of taxation Each payment shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within made at least ten (10) days after prior to the delinquency date of such payment; provided, however, that if in connection with any financing obtained by Landlord delivers on the Premises or any portions thereof, Landlord is required to pay into an impound account any sums due as Property Taxes, then Tenant a statement thereforshall pay such sums to Landlord in satisfaction of Tenant's obligation to pay such sums due as Property Taxes as additional rent and without deduction or offset on or before the first day of each and every month during which said sums are required to be impounded. Tenant shall promptly furnish Landlord with evidence satisfactory to Landlord that Property Taxes have been paid. If any Property Taxes due with respect to the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than Premises shall cover any period of time prior to or after the actual cost expiration of the Term, Tenant's share of such Property Taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect If Tenant shall fail to pay any Property Taxes, Landlord shall credit have the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at right, but not the beginning or end of the Lease Termobligation, Tenant’s obligation to pay the Taxes same, in which case Tenant shall repay such amount to Landlord with Tenant's next Rent installment. (b) As used herein, the term "Property Taxes" shall include any form of general or special assessment, license fee, commercial rental tax, levy, penalty, or tax (other than inheritance or estate taxes) imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district, or any part or parts thereof, or against any legal or equitable interest of Landlord in the Premises or any part thereof or against Landlord's right to rent or other income therefrom (but exclusive of taxes levied on or computed by reference to Landlord's net income as a whole), or against Landlord's business of leasing the Premises, it being the intention of the parties hereto that the Rent to be paid hereunder shall be limited paid to Landlord absolutely net, without deduction of any nature whatsoever, foreseeable or unforeseeable. (c) If the Premises are not separately assessed, Tenant's liability shall be an equitable proportion of the Property Taxes for all of the land and improvements included within the tax parcel assessed, such proportion to be determined by Landlord from the respective valuations assigned in the assessor's work sheet or such other information as may be reasonably available. Landlord's reasonable determination thereof, in good faith, shall be conclusive. (d) Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained on the Premises or elsewhere. When possible, Tenant shall cause such trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the Premises. (e) As between the parties hereto, Tenant alone shall have the duty of attending to, making or filing any declaration, statement or report which may be provided or required by law as the basis of or in connection with the determination, equalization, reduction or payment of any Property Taxes attributable which are to be borne or paid or which may become payable by Tenant under the portion provisions of the calendar year which lies within the Lease Term. this paragraph and Landlord shall have no obligation to pay interest not be or become responsible to Tenant therefor, nor for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination contents of this Leaseany such declaration, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leasestatement or report.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all With respect to any real property, personal property, furnituread valorem and other similar Tax (“Property Taxes”), fixtures including payments in-lieu-of Property Taxes, assessed on any of the Assets or equipment placed by Tenant upon the Premises. If any Sites for a Straddle Period, the liability for such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant Property Taxes shall be prorated on a daily basis between Sellers, on the Premises one hand, and Landlord elects to pay Purchaser, on the taxes based on such increaseother hand, Tenant shall pay to Landlord upon demand that part as of the Closing Date, (a) with Sellers being liable for the portion of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) Property Taxes equal to one-twelfth the product of (1/12i) the amount of the such Property Taxes for the applicable calendar yearentirety of the Straddle Period, multiplied by (ii) a fraction, the numerator of which is the number of days in the Straddle Period ending on and including the Closing Date and the denominator of which is the total number of days in the Straddle Period, and (b) with Purchaser being liable for the remainder of such Property Taxes. Tenant expressly authorizes Landlord On or prior to use the funds deposited Closing Date, Purchaser and Sellers shall, in good faith, estimate the amount of Property Taxes payable by Sellers and Purchaser with regard to Straddle Periods pursuant to this Section 14.1 (the “Estimated Property Taxes”), and (A) to pay the extent that Sellers have not prepaid any such cost. The initial Tax Escrow Payment is Property Taxes, Purchaser shall receive a credit against the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate due to Sellers at Closing for the amount of the cost Estimated Property Taxes payable by Sellers with regard to such Straddle Periods and (B) in the event that Sellers have prepaid any such Property, Sellers shall receive a credit from Purchaser at the Closing for the amount of the Estimated Property Taxes prepaid by Sellers with regard to the Estimated Property Taxes payable by Purchaser for any calendar year of the Lease Term, and shall be reconciled annuallysuch Straddle Period. If the reconciliation reveals that Tenant’s total Property Taxes for a Straddle Period cannot be reasonably determined prior to the Closing because the applicable Tax Escrow Payments are less than rate or assessment with respect to the actual cost applicable Assets or Sites is not fixed for such Straddle Period, the amount of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Estimated Property Taxes shall be limited to determined based upon the payment of Taxes attributable to the portion amount of the calendar year which lies within applicable Property Taxes for the Lease Term. Landlord preceding Tax period; provided, that Sellers and Purchaser shall have recalculate and re-prorate said Property Taxes and make the necessary adjustments and payments promptly (but in no obligation event later than three (3) Business Days before the Property Taxes are due to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle be paid (taking into account any valid extensions)) following the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Leaseissuance, and a final reconciliation on the basis, of Tenant’s the actual Property Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx bills received for such final year Straddle Period. To the extent that any Seller (or any Affiliate of this Leaseany Seller), from and after the Closing, receives any xxxx, assessment or other notice of any such Property Taxes due for any Straddle Period, Sellers shall promptly forward a copy of such xxxx, assessment or other notice to Purchaser.

Property Taxes. 16.1 Tenant The term "Property Taxes" shall pay mean the aggregate amount of all real estate taxes, assessments (whether they be general or special), sewer rents and charges, transit taxes, taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant based upon the Premises. If receipt of rent and any such other federal, state or local governmental charge, general, special, ordinary or extraordinary (but not including income or franchise taxes, capital stock, inheritance, estate, gift, or any other taxes are levied against Landlord imposed upon or measured by Landlord’s property and if Landlord elects to pay 's gross income or profits, unless the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that imposed in lieu of real estate taxes or other ad valorem taxes), which Landlord shall pay or become obligated to pay in connection with the whole Building, or any part thereof. Property Taxes shall also include all fees and costs, including attorneys' fees, appraisals and consultants' fees, incurred by Landlord in seeking to obtain a reassessment, reduction of, or a limit on the increase in, any Property Taxes, but the total of said fees and costs shall not exceed the amount of any taxesreduction in Property Taxes actually granted. If due to Landlord's gross negligence it fails to timely pay any installment of Property Taxes, assessmentsand as a direct consequence thereof the taxing authority assesses a late fee or penalty, levies said late fee or charges levied, assessed or imposed on the Premises and the Building, there penalty shall not be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, included in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Property Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Property Taxes for any calendar year of the Lease Term, and shall be reconciled annuallyProperty Taxes which are due for payment or paid in such year, rather than Property Taxes which are assessed or become a lien during such year. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Property Taxes shall be limited include any tax, assessment, levy, imposition or charge imposed upon Landlord and measured by or based in whole or in part upon the Building or the rents or other income from the Building, to the payment extent that such items would be payable if the Building was the only property of Taxes attributable Landlord subject to same and the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds income received by Tenant pursuant to this Section with Landlord from the Building was the only income of Landlord’s general funds. Tenant’s obligation to pay the Property Taxes shall survive also include any personal property taxes imposed upon the termination furniture, fixtures, machinery, equipment, apparatus, systems and appurtenances of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this LeaseLandlord used in connection with the Building.

Property Taxes. 16.1 The Tenant shall pay during the Term before any fine, penalty, interest or costs accrue for the non-payment thereof (but subject to Section 5.2(a) hereof) all taxes levied Property Taxes. The Tenant may take advantage of any provisions of law whereby Property Taxes may be paid by instalments or assessed against all personal propertydeferred for some portion of the fiscal year to which they relate, furnitureprovided that no fine, fixtures penalty or equipment placed by Tenant upon cost is incurred except accrued interest on the Premisesunpaid balance of the taxes. If the Tenant fails to pay any such taxes are levied against Landlord or Landlord’s property Property Taxes as set out in this Section 5.2, the Tenant shall pay any fine, penalty, interest and expense arising therefrom. (a) The Tenant has the right to contest the validity of all Property Taxes. If the Tenant wishes to take advantage of any lawful right to defer payment of any Property Taxes pending the outcome of any proceedings taken by the Tenant to contest the taxes, and if the entire amount (including fines, penalties, interest and costs) for which the Tenant might become liable, if unsuccessful, exceeds Two Thousand Dollars ($2,000.00), the Tenant shall deposit in the name of the Landlord elects in a trust account with a trust company as the Landlord may direct in writing, as security for the payment of the Property Taxes, a sum sufficient in the judgement of the Landlord acting reasonably to pay the same Property Taxes due by the Tenant under this Section 5.2 together with all fines, penalties, interest and costs in connection therewith and all amounts that might be assessed against or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant become a charge on the Premises Airport lands or any part thereof as a result of the proceedings being taken by the Tenant, and the Tenant shall prosecute the proceedings with due diligence. Upon termination of the proceedings taken by the Tenant the sums deposited together with interest thereon shall be applied to so much of the Property Taxes (and any fines, penalties, interest and costs relating thereto) as then remain unpaid, and any balance shall be repaid to the Tenant. If the money deposited at any time appears insufficient to the Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes Property Taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein fines, penalties, interest and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Termcosts relating thereto, the present method of taxation Tenant shall on five (5) days notice deposit the additional sum as the Landlord requires and if the sum proves insufficient, the Tenant shall forthwith pay any balance. Interest earned by any sum on deposit under this Article 5 shall be changed so that added to the sum on deposit. (b) If the Tenant is contesting in lieu of good faith the whole amount or any part validity of any taxesProperty Taxes and has complied with the provisions of this Article 5 and if it becomes necessary for the Landlord to join in or consent to the proceedings, assessmentsthe Landlord shall join or consent as required, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with indemnify the Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseagainst all expense arising therefrom.

Property Taxes. 16.1 Tenant Without limiting the foregoing, Additional Rent shall include, and Lessee agrees to bear, discharge and pay all taxes levied to the relevant authority or assessed against all personal propertyentity, furniturein lawful money of the United States, fixtures without offset or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay deduction, as the same or if the assessed value of Landlord’s property is increased by inclusion of personal property become due, and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increasebefore delinquency, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges leviedof every name, assessed nature or imposed on the Premises and the Building, there shall kind that may be levied, assessed assessed, charged or imposed on Landlord or may be or become a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy lien or charge measured by upon the Premises or based, in whole any part thereof; or in part, upon such rents from the rent or income of Lessee; or upon the use or occupancy of the Premises, then all such taxes, assessments, levies ; or charges, any document creating or transferring an estate or interest in the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) Premises; upon any of the Taxes for buildings or improvements that are or are hereafter placed, built or newly constructed upon the applicable calendar year. Tenant expressly authorizes Landlord to use Premises; or upon the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is leasehold of Lessee or upon the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based estate hereby created; or upon Landlord’s estimate Lessor by reason of its ownership of the cost of the Taxes for any calendar year of the Lease Termfee underlying this Lease; provided, and shall be reconciled annually. If the reconciliation reveals however, that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord Lessee shall have no obligation to pay interest to Tenant or reimburse Lessor for Tax Escrow Payments made any franchise, transfer, inheritance, or capital stock taxes or income taxes measured by Tenant the net income of Lessor or any taxes arising as a consequence of or in connection with any Pre-Existing Environmental Condition. If at any time during the Term, under any Applicable Laws, any tax is levied or assessed against Lessor directly, in substitution in whole or in part for real property taxes, Lessee covenants and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation agrees to pay and discharge such tax so long as such tax is then customarily paid or reimbursed by tenants under long-term ground leases and/or by tenants under commercial “triple net” space leases. Lessee’s obligations described above include, but are not limited to, the Taxes payment of any bonds or charges imposed or required by any governmental agency or department with respect to the Premises, by reason of the proposed or actual use, treatment, storage, discharge, cleanup or disposal, or oversight thereof, of Hazardous Substances by any governmental agency, Lessee, or any subtenant, tenant or licensee claiming through Lessee; provided, however, that this provision shall survive the termination of this Leasenot, and shall not be deemed to, permit Lessee to use, treat, store or dispose of any such substances on the Premises-nor shall it make Lessee responsible for any taxes arising as a final reconciliation consequence of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt or in connection with any Pre-Existing Environmental Condition. All of a tax xxxx for such final year the foregoing taxes, assessments and other charges which are the responsibility of this LeaseLessee are herein referred to as “Property Taxes.”

Property Taxes. 16.1 18.1 Tenant shall pay be liable for all taxes levied or assessed against all personal property, furniture, property and trade fixtures or equipment placed by Tenant upon in the Demised Premises. If any such taxes are levied against Landlord or Landlord’s 's property and if Landlord elects to pay the same or if the assessed value of Landlord’s 's property is increased by inclusion of personal property and trade fixtures placed by Tenant on in the Demised Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand as additional rental that part of such taxes for which Tenant is primarily liable hereunder. 16.2 18.2 Tenant shall agrees to pay upon demand as additional rental, its proportionate share of all real property taxes, general assessments and special assessments, license fees and other governmental charges of every description any kind and nature whatsoever (hereinafter collectively referred to as the “"Taxes”) which during the Lease Term may be "), levied upon or assessed against the Shopping Center. If Landlord elects to make such demand then during each month of the term of this Lease as then specified by Landlord, Tenant shall make a monthly escrow deposit with Landlord equal to 1/12 of its proportionate share of the Taxes on the Shopping Center, which will be due and payable for that particular year. Tenant authorizes Landlord to use the funds deposited by him with Landlord under this Article XVIII, Section 18.2 to pay the Taxes levied or assessed against the Shopping Center. Each Tax Escrow Payment shall be due and payable at the same time and in the same manner as the time and manner of the payment of Minimum Guaranteed Rental as provided herein. The amount of the initial monthly Tax Escrow Payment is based upon Xxxxxx's proportionate share of the estimated taxes on the Shopping Center for the year in question, and the monthly Tax Escrow Payment is subject to increase or decrease as determined by Landlord to reflect an accurate escrow of Tenant's estimated proportionate share of the Taxes. The Tax Escrow Payment account of Tenant shall be reconciled annually. If the Tenant's total Tax Escrow Payments are less than Tenant's actual pro rata share of the Taxes on the Shopping Center shall be computed by multiplying the Taxes by a fraction, the numerator of which shall be the number of square feet of floor space in the Demised Premises and all interests therein the denominator of which shall be the number of gross leasable square feet in the Shopping Center. 18.3 If Tenant should fail to pay any taxes, assessments, or governmental charges required to be paid by Tenant hereunder, in addition to any other remedies provided herein, Landlord may, if it so elects, pay such taxes, assessments, and all improvements and other property thereon, whether belonging governmental charges. Any sums so paid by Landlord shall be deemed to be so much additional rental owing by Tenant to Landlord or Tenant, or to which either and due and payable upon demand as additional rental plus interest at the rate of them may become liable. If, ten percent (10%) per annum from the date of payment by Landlord until repaid by Xxxxxx. (a) If at any time during the Lease Termterm of this Lease, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges leviedlevies, assessed or imposed on the Premises real estate and the Buildingimprovements thereon, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from or the Premisespresent or any future building or buildings on the Shopping Center, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term “"Taxes” " for the purposes of this Articlehereof. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”b) equal Any payment to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited be made pursuant to this Section Article XVIII with respect to pay such cost. The initial Tax Escrow Payment is the amount specified real estate tax year in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Taxes for any calendar year of which the Lease Term, and commences or terminates shall be reconciled annually. If bear the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited same ratio to the payment which would be required to be made for the full tax year as that part of Taxes attributable to such tax year covered by the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination term of this Lease, and Lease bears to a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a full tax xxxx for such final year of this Leaseyear.

Property Taxes. 16.1 Tenant The term "Property Taxes" shall pay mean the -------------- aggregate amount of all real estate taxes, assessments (whether they be general or special), sewer rents and charges, transit taxes, taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by Tenant based upon the Premises. If receipt of rent and any such other federal, state or local governmental charge, general, special, ordinary or extraordinary (but not including income or franchise taxes, capital stock, inheritance, estate, gift, or any other taxes are levied against Landlord imposed upon or measured by Landlord’s property and if Landlord elects to pay 's gross income or profits, unless the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxes, general and special assessments, license fees and other charges of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time during the Lease Term, the present method of taxation shall be changed so that imposed in lieu of real estate taxes or other ad valorem taxes), which Landlord shall pay or become obligated to pay in connection with the whole Building, or any part thereof. Property Taxes shall also include all reasonable fees and costs, including attorneys' fees, appraisals and consultants' fees, incurred by Landlord in seeking to obtain a reassessment, reduction of, or a limit on the increase in, any Property Taxes, but the total of said fees and costs shall not exceed the amount of any taxesreduction in Property Taxes actually granted. If due to Landlord's gross negligence it fails to timely pay any installment of Property Taxes, assessmentsand as a direct consequence thereof the taxing authority assesses a late fee or penalty, levies said late fee or charges levied, assessed or imposed on the Premises and the Building, there penalty shall not be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, included in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Property Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with Landlord each month an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/12) of the Taxes for the applicable calendar year. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment shall be based upon Landlord’s estimate of the cost of the Property Taxes for any calendar year of the Lease Term, and shall be reconciled annuallyProperty Taxes which are due for payment or paid in such year, rather than Property Taxes which are assessed or become a lien during such year. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Property Taxes shall be limited include any tax, assessment, levy, imposition or charge imposed upon Landlord and measured by or based in whole or in part upon the Building or the rents or other income from the Building, to the payment extent that such items would be payable if the Building was the only property of Taxes attributable Landlord subject to same and the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds income received by Tenant pursuant to this Section with Landlord from the Building was the only income of Landlord’s general funds. Tenant’s obligation to pay the Property Taxes shall survive also include any personal property taxes imposed upon the termination furniture, fixtures, machinery, equipment, apparatus, systems and appurtenances of this Lease, and a final reconciliation of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this LeaseLandlord used in connection with the Building.

Property Taxes. 16.1 Tenant shall pay all taxes levied or assessed against all personal propertyA. During the term of this Lease, furniture, fixtures or equipment placed by Tenant upon the Premises. If any such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increase, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 16.2 Tenant shall pay all real property taxesestate taxes and outstanding assessments, both general and special assessmentsspecial, license and all assessments and/or payments in lieu of taxes and all fees and other charges incurred by Landlord to reduce assessed valuations that result in a reduction of every description taxes (the hereinafter “Taxes”) which ), levied or assessed by any lawful authority, and/or payable during or with respect to each calendar year during the Lease Term term hereof against the land, building and all other improvements with regard to the Property or against any land or improvements which may be added to the Property. Copies of tax bills submitted by Landlord to Tenant shall be conclusive evidence of the amount of such Taxes levied upon or assessed against assessed, as well as the Premises item taxed. Notwithstanding anything to the contrary contained in the Lease, the following shall be excluded from Taxes and all interests therein and all improvements and other property thereonshall be paid solely by Landlord: inheritance, whether belonging to Landlord or Tenantestate, succession, transfer, gift, franchise, or capital stock tax, or any income taxes arising out of or related to which either ownership and operation of them may become liable. Ifincome-producing real estate, at or any time during the Lease Termexcise taxes imposed upon Landlord based upon gross or net rentals or other income received by it; any increase in taxes and assessments resulting from Landlord’s sale of, or other transfer of its interest in, the present method of taxation shall be changed so that in lieu of the whole or any part of any Building; and assessments, charges, taxes, assessmentsrents, levies fees, rates, levies, excises, license fees, permit fees, inspection fees, or other authorization fees or charges leviedto the extent allocable to or caused by the development or installation of on- or off-site improvements or utilities (including without limitation street and intersection improvements, assessed roads, rights of way, lighting, and signalization) necessary for the initial development or imposed on the Premises and construction of the Building, there shall be leviedor any past, assessed present or imposed on Landlord a capital levy future system development reimbursement schedule or other tax directly on sinking fund related to any of the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, foregoing. Tenant shall deposit with Landlord each month pay to Landlord, monthly in advance, an amount (a “Tax Escrow Payment”) equal to one-twelfth (1/121/12th) of such Taxes for the current year, as reasonably estimated by Landlord. If Txxxxx’s Taxes with respect to any tax year is less than the total amount theretofore paid by Tenant for such period, the excess shall be credited against the payments with respect to Taxes next becoming due. If Txxxxx’s Taxes for any tax year exceeds the total amount theretofore paid by Tenant for such period, Tenant shall, upon receipt of invoices from Landlord, pay the difference between the actual amount paid by Txxxxx and Txxxxx’s Taxes. B. Landlord may, at its expense, or Tenant may, at its expense, upon notice to Landlord, have the right to contest any and all such Taxes in the name of and on behalf of Landlord. Landlord shall, on the request of Txxxxx, cooperate in such contest by Txxxxx, except for the cost thereof. If the result of any such contest shall be a reduction in the amount of the Taxes for so contested, that portion of each refund or recovery from the applicable calendar yeartaxing authorities with respect to such Taxes which is in the same proportion of the total refund or recovery as Tenant’s share of Taxes shall belong to Tenant, and the balance shall belong to Landlord. Tenant expressly authorizes If Landlord to use the funds deposited pursuant to this Section to pay such cost. The initial Tax Escrow Payment is shall contest the amount specified of any such Taxes without participation by Tenant in Section 1.1 (m) above. The Tax Escrow Payment the costs and expenses of such proceedings, each refund or recovery from the taxing authorities with respect to such Taxes shall be based upon Landlord’s estimate belong to Landlord unless Tenant shall, promptly after receiving notice from Landlord of the cost of the Taxes such refund or recovery, reimburse Landlord for any calendar year of the Lease Term, all costs and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, expenses incurred by Landlord in such proceedings. C. Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to pay, before delinquency, all municipal, county and state or federal taxes assessed against any leasehold interest of Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxesor any fixtures, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning furnishings, equipment, stock-in-trade or end of the Lease Term, Tenant’s obligation to pay the Taxes shall be limited to the payment of Taxes attributable to the portion of the calendar year which lies within the Lease Term. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease, and a final reconciliation other of Tenant’s Tax Payments shall be made within thirty (30) days after Landlord’s receipt personal property of a tax xxxx for such final year of this Leaseany kind owned, installed or used in or on the Premises.

Property Taxes. 16.1 Tenant shall pay, as additional rent, its Pro Rata Share (as defined below) of all Property Taxes levied or assessed with respect to the land comprising the Parcel and with respect to all buildings and improvements located on the Parcel which become due or accrue during the term of this Lease. Tenant shall pay all taxes levied or assessed against all personal property, furniture, fixtures or equipment placed by such Property Taxes to Landlord within twenty (20) days after receipt of billing. Provided that Landlord bills Tenant upon at least thirty (30) days prior to the Premises. If any delinquency date of such taxes are levied against Landlord or Landlord’s property and if Landlord elects to pay the same or if the assessed value of Landlord’s property is increased by inclusion of personal property and trade fixtures placed by Tenant on the Premises and Landlord elects to pay the taxes based on such increaseProperty Taxes, Tenant shall pay such Property Taxes to Landlord upon demand that part of such taxes for which at least ten (10) days prior to the delinquency date, and if Tenant is primarily liable hereunder. 16.2 fails to do so, Tenant shall pay reimburse Landlord, on demand, for all real property taxesinterest, general and special assessments, license late fees and other penalties that the taxing authority charges Landlord. In the event Landlord's mortgagee requires an impound for Property Taxes, then on the first day of every description (the “Taxes”) which during the Lease Term may be levied upon or assessed against the Premises and all interests therein and all improvements and other property thereon, whether belonging to Landlord or Tenant, or to which either of them may become liable. If, at any time each month during the Lease Term, the present method of taxation shall be changed so that in lieu of the whole or any part of any taxes, assessments, levies or charges levied, assessed or imposed on the Premises and the Building, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed included within the term “Taxes” for the purposes of this Article. 16.3 As a component of Adjusted Rent, Tenant shall deposit with pay Landlord each month an amount (a “Tax Escrow Payment”) equal to one-one twelfth (1/12) of the Taxes for the applicable calendar yearits annual share of such Property Taxes. Tenant expressly authorizes Landlord to use the funds deposited pursuant to this Section to pay such costIF PAYMENT IS MADE ON A MONTHLY BASIS, LANDLORD SHALL ANNUALLY RECONCILE SAID PAYMENTS VERSUS THE ACTUAL PROPERTY TAX XXXX FOR THE PERIOD IN QUESTION AND EITHER REIMBURSE TENANT FOR ANY OVERPAYMENTS OR XXXX TENANT FOR ANY PAYMENTS LESS THAN THE ACTUAL XXXX. The initial Tax Escrow Payment is the amount specified in Section 1.1 (m) above. The Tax Escrow Payment Tenant's liability hereunder shall be based upon Landlord’s estimate prorated to reflect the Commencement and termination dates of this Lease. Tenant's share of the cost of the Taxes for any calendar year of the Lease Term, and shall be reconciled annually. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are less than the actual cost of the Taxes, Tenant shall pay the difference to Landlord within ten (10) days after Landlord delivers to Tenant a statement therefor. If the reconciliation reveals that Tenant’s total Tax Escrow Payments are more than the actual cost of the Taxes, Landlord shall credit the difference to Tenant’s Tax Escrow Payment account. With respect to any partial calendar year at the beginning or end of the Lease Term, Tenant’s obligation to pay the Property Taxes shall be limited to determined by Landlord from the payment of Taxes attributable to respective valuation assigned in the portion of the calendar year which lies within the Lease TermAssessor's worksheet or such other information as may be reasonably available. Landlord shall have no obligation to pay interest to Tenant for Tax Escrow Payments made by Tenant and Landlord may commingle the funds received by Tenant pursuant to this Section with Landlord’s general funds. Tenant’s obligation to pay the Taxes shall survive the termination of this Lease's reasonable determination thereof, and a final reconciliation of Tenant’s Tax Payments in good faith, shall be made within thirty (30) days after Landlord’s receipt of a tax xxxx for such final year of this Leaseconclusive.