Common use of Rentals Clause in Contracts

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectively, the "Tenants") shall be prorated as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leases.

Rentals. Rentals and any other payments charges receivable (includingincluding expenses incurred pursuant to said Leases) under the Leases in effect at Closing, without ------- limitationas evidenced by the Updated Rent Roll (except as otherwise provided herein), common area maintenance charges paid prior to Closing and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of allocable in whole or in part to any period following the Property or any portion thereof (collectively, the "Tenants") Closing shall be prorated credited to Purchaser to the extent so allocable and if allocable in whole or in part to any period prior to the Closing shall be credited to Seller to the extent so allocable. Rent and all other sums which are due and payable to Seller by any tenant but uncollected as of the Close of Escrow. However, Buyer Closing shall not be obligated adjusted (“Delinquent Amounts”), but Purchaser shall cause the rent and other sums for the period prior to make any payment or give any credit Closing to be remitted to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when collected (but Purchaser shall not be required to take legal action for such amounts accruing prior to the Closing), and any rent received by Buyer. After Purchaser shall first be applied to the Close payment of Escrowany rent due for the current period, all payments received by Buyer from the Tenants and excess amounts collected shall be applied to Delinquent Amounts, if any. Purchaser may not waive any Delinquent Amounts or modify a Lease so as follows: first, to reduce amounts or charges owed under Leases for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining the obligation or obligations prior written consent of Seller. With respect to Delinquent Amounts owed by tenants that are no longer tenants of the Tenants under the Leases accruing during the month in which the Close Property as of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; thirdClosing, Seller shall retain all rights relating thereto. All security deposits or other deposits which Seller has the right to all hold as of Buyer's costs the date of collection incurred with respect to the recovery of any such payments; and thenClosing (including, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow without limitation, non-refundable cleaning fees) shall be paid over assigned and transferred to Buyer within five (5) business days of receipt Purchaser and shall be applied in Purchaser will assume and pay to respective tenants the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations amount of such Tenant under deposits according to the Leases.

Rentals. Rentals At Closing, all rents actually paid and collected, and any other payments (includingcharges owing and which have been collected by Seller for or in respect of the month in which the Closing occurs shall be prorated as of and through the Closing Date on the basis of a 365-day year, without ------- limitationand the prorated amount attributable to the period following the Closing shall either be paid to Buyer at the Closing or credited against the Purchase Price, at Seller's option. Any common area maintenance charges and payments for real property taxes and insurance premiums) expenses or other operating cost pass throughs payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof Tenants under the Leases on an estimated basis (collectively, the "TenantsTenant Charges") shall be prorated reconciled against actual charges and expenses as of and at the Close Closing, to the extent then possible, and Seller shall provide a proposed reconciliation for Buyer's approval. Seller shall have a period of Escrowsixty (60) days following the actual Closing Date to provide Buyer with a final reconciliation of Tenant Charges. HoweverIf the final reconciliation, as approved by Buyer, shows that Seller owes Buyer additional sums, Seller shall deliver such amount to Buyer together with the delivery of the final reconciliation of the Tenant Charges. If the final reconciliation, as approved by Buyer, shows that Buyer owes Seller additional sums, Buyer shall pay such amount to Seller within ten (10) days after Buyer's receipt of the final reconciliation. Other than as set forth above, there shall not be obligated any further reconciliation of such Tenant Charges after the final reconciliation thereof, the proration of such Tenant Charges pursuant to make any payment or give any credit the final reconciliation being conclusively presumed to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyeraccurate. After the Close final reconciliation of Escrowthe Tenant Charges is made by and between the parties, all payments received by Buyer from the Tenants shall be applied as follows: first, solely liable and responsible to the obligation or obligations tenants for such reconciliation of the Tenants Tenant Charges under the Leases accruing during Leases. The foregoing covenants made by the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred parties with respect to the recovery final reconciliation of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to Tenant Charges shall survive the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the LeasesClosing.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectively, the "Tenants") shall be prorated as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller, Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leases. Prior to closing Seller will distribute any funds held in bank accounts to its respective partners and members in accordance with their respective interests and will provide for the assumption by Seller of all short term liabilities of the Partnerships.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiumsa) payable by tenants, licensees, concessionaires and other occupants In consideration of the Property or any portion thereof (collectivelylease of the Project, and in addition to and independent of the rental obligations under Section 3.3 of the Original Lease, the "Tenants") shall be prorated as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely Company does hereby covenant and agree to pay to Seller Seller's share the Trustee, for the account of the Issuer, Basic Rent in respect of the Bonds in such amounts and at such times as shall be sufficient and timely to pay all Debt Service on or Purchase Price of such Bonds as the same ifshall be or become due and payable, whether at maturity, upon redemption, tender, acceleration or otherwise. There shall be credited, (i) against any installment of such Basic Rent due on a Bond Payment Date in respect of Debt Service or on a Tender Date in respect of Purchase Price, any amount on deposit in the Bond Fund or the Bond Purchase Fund, respectively, by not later than 1:30 p.m. Trustee's Time on such Bond Payment Date or Tender Date, as the case may be, representing proceeds of a drawing under the Letter of Credit pursuant to the Indenture; and (ii) against any installment of such Basic Rent due on a Tender Date in respect of Purchase Price, any amount on deposit in the Bond Purchase Fund by not later than 11:00 a.m. Trustee's Time on such Tender Date representing proceeds of the remarketing of Bonds pursuant to the Indenture. (b) The Company reaffirms and ratifies that it remains the intention of the parties hereto that the Lease Agreement be a net lease and that, until the Bonds are fully paid, Basic Rent shall be due in such amounts and at such times as shall be required, giving effect to any credits hereinabove provided for, to pay Debt Service on and Purchase Price of the Bonds as the same shall become due and payable. Any amount of Basic Rent not timely paid shall (to the extent legally enforceable) bear interest from the due date thereof until paid at the Interest Rate for Advances. (c) In further consideration of the lease of the Project, the Company covenants and agrees to pay as additional Rental hereunder: (i) any and all costs and expenses incurred or to be paid by the Issuer in connection with the issuance and delivery of the Bonds or otherwise related to actions taken by the Issuer under this Second Supplemental Lease or the Indenture; and (ii) to the Trustee and the other Fiduciaries (as defined in the Indenture), their respective fees, charges and expenses for acting as such under the Indenture, as and when received by Buyer. After the Close of Escrowsame become due, all payments received by Buyer from provided that the Tenants shall be applied as follows: firstCompany may, to without creating a default hereunder, contest in good faith the obligation necessity for any extraordinary services or obligations of extraordinary expenses and the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery reasonableness of any such payments; fees, charges or expenses. Following the due date or the payment or incurring, as applicable, of any such costs, expenses or liability described in clauses (i) or (ii) above, such additional Rentals are payable upon written demand therefor, and thenif not paid upon such demand, to any amounts shall bear interest from the due Seller from such Tenants under date or the Leases date paid or incurred, as applicable, at the Interest Rate for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the LeasesAdvances.

Rentals. Rentals (a) in consideration of the lease of the Project, the Company does hereby covenant and other payments agree to pay Basic Rent to the Trustee, for the account of the IDB, in such amounts and at such times as shall be sufficient and timely to pay all Debt Service on or Purchase Price of the IDB Bonds as the same shall be or become due and payable, whether at maturity, upon redemption, tender, acceleration or otherwise. There shall be credited, (includingi) against any installment of Basic Rent due on a Bond Payment Date in respect of Debt Service or on a Tender Date in respect of Purchase Price, without ------- limitationany amount on deposit in the Bond Fund or the Bond Purchase Fund, common area maintenance respectively, by not later than 11:00 a.m. Trustee’s Time on such Bond Payment Date or Tender Date, as the case may be, representing proceeds of a drawing under the Letter of Credit pursuant to the IDB Indenture; and (ii) against any installment of Basic Rent due on a Tender Date in respect of Purchase Price, any amount on deposit in the Bond Purchase Fund by not later than 11:00 a.m. Trustee’s Time on such Tender Date representing proceeds of the remarketing of IDB Bonds pursuant to the IDB Indenture. (b) The Company recognizes and acknowledges that it is the intention of the parties hereto that this Lease Agreement be a net lease and that, until the IDB Bonds are fully paid, Basic Rent shall be due in such amounts and at such times as shall be required, giving effect to any credits hereinabove provided for, to pay Debt Service on and Purchase Price of IDB Bonds as the same shall become due and payable. Any amount of Basic Rent not timely paid shall bear interest from the due date thereof until paid at the Interest Rate for Advances. (c) In further consideration of the lease of the Project, the Company covenants and agrees to pay as additional Rental hereunder: (i) any and all costs and expenses incurred or to be paid by the IDB in connection with the issuance and delivery of the Bonds or otherwise related to actions taken by the IDB under this Lease Agreement, including advances made pursuant to Section 4.9 hereof (excepting, however, Project Costs to the extent the same are paid from the proceeds of sale of the IDB Bonds); and (ii) the fees, charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants expenses of the Property or any portion thereof Trustee and the other Fiduciaries (collectively, as defined in the "Tenants"IDB Indenture) shall be prorated for acting as of such under the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same ifIDB Indenture, as and when received by Buyer. After the Close of Escrowsame become due, all payments received by Buyer from provided, that the Tenants shall be applied as follows: firstCompany may, to without creating a default hereunder, contest in good faith the obligation necessity for any extraordinary services or obligations of extraordinary expenses and the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery reasonableness of any such payments; fees, charges or expenses. Following the payment or incurring of any such costs, expenses or liability, such additional Rental is payable upon written demand therefor, and then, to any amounts due Seller if not paid upon such demand shall bear interest from such Tenants under the Leases date paid or incurred at the Interest Rate for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the LeasesAdvances.

Rentals. 3.1 You will (in cleared funds) pay us on or before the Date of Agreement the First Rental (if any) and pay us all the Primary Rentals shown in the Schedule on the Rental Payment Dates by direct debit (unless we agree otherwise in writing). If any payment of Rental is not made by direct debit, the relevant Rental shall (at our discretion) be increased by 2% or £50 (whichever is the lesser) to compensate us for the additional administration. 3.2 You will pay us interest at the Interest Rate on all Rentals and on all other sums payable under this Agreement which are not paid on the due date . This interest will be compounded quarterly and calculated onadaytodaybasisfromthedatepayment wasdue (or,whereinterest is due in respect ofa sum payable by you to reimburse usfor any costs and expenses we haveincurred, fromthedate we incurred suchcost or expense) untilthe date you pay it. This interest will be charged forperiods of non-payment bothbefore and after judgment. 3.3 You will pay us an amount equal to any losses or other levy charged by any person against us in relation tothe Rentals, this Agreement orthe Goods, theiruse, ownership or acquisition and any othercharges of a like nature howsoever described or amounts in lieu thereof paid or payable by us (other than taxes in respect of our overall net profits andotherthan VAT payable by us on our purchase of the Goods unless that VAT is not recoverable). 3.4 We may appropriate any payment made by you in or towards satisfaction of any sums due to us under this Agreement notwithstanding that you may have purported to appropriate such payment in some other way and we may also appropriate any such payment in part towards any sums due by you otherwise than under this Agreement. 3.5 During the Secondary Period you shall pay the Secondary Rentals specified in the Schedule and the other provisions of thiscondition 3 regardingpaymentshallapply to those Secondary Rentals asthey apply to the Primary Rentals. If condition 2.4 applies, you shall continue paying Rentals of the same amount at the same times and with the same frequency as were payable during the Primary Period and theotherprovisions of condition 2 regardingpaymentshallapply tothesecontinuation Rentals as they apply to the Primary Rentals. 3.6 On the termination of the Secondary Period for any reason or the termination of this hiring under condition 2.4, you shall not be entitled to receive any rebate of sums already paid by way of Secondary Rentals or otherwise payable under condition 3.5. 3.7 You will pay VAT where due in respect of any Rentals, or other sums payable under this Agreement: VAT invoices will be suppliedperiodically by us. 3.8 All Rentals and other payments sums due underthis Agreementfrom you to us shall be made without deduction, set-off, withholding or counterclaim notwithstanding that the Goods (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectivelypart of them) are unusable, the "Tenants") shall be prorated as out of the Close of Escroworder or unserviceable. However, Buyer shall not be obligated If youarerequired by law to make any deduction in respect of any payment or give any credit to Seller on account ofdue under this Agreement, or we shall increase the payment due by reason ofan amount which, any rental or other payments which are unpaid as of after making the Close of Escrowrequired deduction, but leaves us in the position we would have been in had the deduction not been required. 3.9 We shall be required merely entitled to pay consolidate your or any of your Associated Companies' liabilities to Seller Seller's share us. When calculating any amount due to us, we may at any time without prior notice hold a suspense account, pay, apply or set-off any amount due by us to you or any of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to your Associated Companies towards settling any amounts due Seller from by you or any of your Associated Companies to us and if such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall amounts are only prospectively or contingently due or are uncertain in amount, we may make an estimate which will be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leasesbinding on you unless it is obviously wrong.

Rentals. 3.1 You will (in cleared funds) pay us on or before the Date of Agreement the First Rental (if any) and pay us all the Primary Rentals shown in the Schedule on the Rental Payment Dates by direct debit (unless we agree otherwise in writing). If any payment of Rental is not made by direct debit, the relevant Rental shall (at our discretion) be increased by 2% or £50 (whichever is the lesser) to compensate us for the additional administration. 3.2 You will pay us interest at the Interest Rate on all Rentals and on all other sums payable under this Agreement which are not paid on the due date . This interest will be compounded quarterly and calculated on a day to day basis from the date payment was due(or,where interest is due in respect of a sum payable by you to reimburse us for any costs andexpenses we have incurred,fromthe date we incurred such cost or expense) until the date you pay it. This interest will be charged for periods of non-payment bothbefore and afterjudgment. 3.3 You will pay us an amount equal to any losses or other levy charged by any person against us in relation totheRentals,this Agreement or the Goods, their use, ownership or acquisition and any other charges of a like nature howsoever described or amounts in lieu thereof paid or payable by us (other than taxes in respect of our overall net profits and other than VAT payable by us on our purchase of the Goodsunless that VAT is not recoverable). 3.4 Wemay appropriate any payment made by you in or towardssatisfaction of any sumsdueto us under this Agreement notwithstanding that you may have purported to appropriate such payment in some other way and we may also appropriate any such payment in part towards any sums due by you otherwise than under this Agreement. 3.5 During the Secondary Period you shall pay the Secondary Rentals specified in the Schedule and the otherprovisionsofthiscondition 3 regardingpaymentshallapplytothose Secondary Rentals asthey applytothe Primary Rentals. If condition 2.4 applies, xxxxxxxx continuepaying Rentals of thesame amount at the same times and with the same frequency as were payable during the Primary Period and theotherprovisionsofcondition 2 regardingpaymentshallapplytothesecontinuationRentals as they apply to the Primary Rentals. 3.6 On the termination of the Secondary Period for any reason or the termination of this hiring under condition 2.4, you shall not be entitled to receive any rebate of sums already paid by way of Secondary Rentals or otherwise payable under condition 3.5. 3.7 You will pay VAT where due in respect of any Rentals, or other sums payable under this Agreement: VAT invoiceswill be suppliedperiodically by us. 3.8 All Rentals and other payments sums due under this Agreement from you to us shall be made without deduction, set-off, withholding or counterclaim notwithstanding that the Goods (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectivelypart of them) are unusable, the "Tenants") shall be prorated as out of the Close of Escroworder or unserviceable. However, Buyer shall not be obligated If you are required by law to make any deduction in respect of any payment or give any credit to Seller on account ofdue under this Agreement, or we shall increase the payment due by reason ofan amount which, any rental or other payments which are unpaid as of after makingtherequired deduction, leaves us in theposition we wouldhave been in had the Close of Escrow, but deduction not been required. 3.9 We shall be required merely entitled to pay consolidate your or any of your Associated Companies' liabilities to Seller Seller's share us. When calculating any amount due to us, we may at any time without prior notice hold a suspense account, pay, apply or set-off any amount due by us to you or any of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to your Associated Companies towards settling any amounts due Seller from by you or any of your Associated Companies to us and if such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall amounts are only prospectively or contingently due or are uncertain in amount, we may make an estimate which will be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leasesbinding on you unless it is obviously wrong.

Rentals. Rentals The term “rentals”, as used herein, includes fixed monthly rentals, additional rentals, escalation rentals, Operating Costs (as hereinafter defined) and other sums and charges, if any, payable by Tenants under the Leases. Purchaser shall receive all rentals accruing on and after the Closing Date and Seller shall receive all rentals accruing prior to the Closing Date. Without limiting the generality of the foregoing, it is understood that payments required to be made by the Tenants to Seller (including, without ------- limitationas landlord) under the Leases for the Tenants’ respective pro rata shares of insurance, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenantsmaintenance, licensees, concessionaires utilities and other occupants expenses of the Property or any portion thereof Project and the Development (collectively, the "Tenants"“Operating Costs”) are estimated by Seller on an annual basis and paid in monthly installments. Prior to the Closing Date, Seller shall cause to be prorated prepared and delivered to Purchaser a reconciliation statement (“OC Reconciliation Statement”) of (i) Seller’s estimate of actual Operating Costs for the period commencing on the first day of the current fiscal year under the Leases and ending on the Proration Date (“OC Reconciliation Period”); and (ii) Operating Costs for the OC Reconciliation Period collected by Seller as of the Close Proration Date. If, for the OC Reconciliation Period, Seller has collected estimated payments of EscrowOperating Costs in excess of Operating Costs estimated to have been incurred for the same period (it being acknowledged that such calculation shall be made only with respect to actually collected Operating Costs for such period, and not any such sums that may be so receivable from the Tenant), then the amount of such excess shall be credited to Purchaser at the Closing. HoweverIf, Buyer however, for the OC Reconciliation Period, Seller has collected estimated payments of Operating Costs of less than Operating Costs estimated to have been incurred for the same period, then the amount of such deficiency shall not be obligated to make any payment or give any credit paid and delivered to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer collected from the Tenants after the Closing. The proposed OC Reconciliation Statement shall be applied as follows: first, subject to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, Purchaser’s review and reasonable approval. Seller and Purchaser agree to any obligation or obligations of the Tenants under the Leases attributable cooperate and use their best efforts to any period occurring complete such prorations no later than eighteen (18) months after the Close of Escrow through the month in which payment is made and/or Closing Date. Seller represents and warrants to Purchaser that all reconciliations with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods 2011 Operating Costs will be completed prior to Closing. Purchaser shall perform all reconciliations with Tenants for 2012, and Seller shall provide to Purchaser all records required therefor for the Close of Escrowperiod prior to Closing. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five Within ten (510) business days of receipt after Purchaser has prepared reconciliations with the Tenants and shall be applied in Seller has approved such reconciliations, Purchaser agrees to pay Seller or Seller agrees to pay Purchaser, as the manner described above. Seller shall have no right whatsoever to initiate case may be, any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises amounts which are due the other, based on the reconciliations with respect to any duties or obligations of such Tenant under the LeasesTenants.

Rentals. Rentals and other payments (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof (collectively, the "Tenants") shall be prorated as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of At the Close of Escrow, but the parties shall be required merely to pay to Seller Seller's share of the same if, as and when prorate rental income received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during (including base rents and CAM reimbursements) for the month in which the Close of Escrow occurs; second, to any obligation or obligations of occurs (the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow“Current Month”). Delinquent rents shall not be prorated. Any rental payments received by Seller following after the Close of Escrow shall be paid over applied to current rentals first and then to delinquent rentals in order of the most recent delinquency. If, after the Close of Escrow, either party receives rental payments belonging to the other as required by the previous sentence, such party shall promptly forward such amount to the other. Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller use reasonable efforts to collect delinquent rents but shall have no right whatsoever obligation to initiate bring any action or proceeding to collect such delinquent rents. No person or entity (other than Buyer) shall institute an action against any tenant for delinquent rentals and other tenant charges and Additional Rents attributable to periods prior to the Current Month prior to the later of 90 days after the Closing Date and five business days after it gives Buyer written notice of such demand or action (and in no event shall Seller be entitled to take any action against a tenant which would result in a termination of any Tenant for unlawful detainer Lease or other the tenant’s right or action of occupancy thereunder). Tenants of the Property may be obligated to dispossess such Tenant pay, as additional rent, certain percentage rent, escalations in base rent and pass throughs of its leased premises with respect operating and similar expenses pursuant to the terms of the Leases (collectively, “Additional Rents”). As to any duties Additional Rents that are based on estimates and that are subject to adjustment or obligations reconciliation pursuant to the Leases after the Closing Date, Seller and Buyer shall “re prorate” such Additional Rents (including any portions thereof that may be required to be refunded to tenants) at the time that such estimates are actually adjusted or reconciled pursuant to the terms of such Tenant under Leases. Any amounts that may be due Seller as a result of such re prorations shall be paid by Buyer to Seller promptly after Buyer collects such amounts from the Leasestenants, and any amounts that may be due the tenants from Seller as a result of such re prorations shall be paid by Seller to Buyer promptly after written request therefor is delivered to Seller by Buyer.

Rentals. Rentals (a) In consideration of the lease of the Project, the Company does hereby covenant and other payments agree to pay Basic Rent to the Trustee, for the account of the Issuer, in such amounts and at such times as shall be sufficient and timely to pay all Debt Service on or Purchase Price of the Bonds as the same shall be or become due and payable, whether at maturity, upon redemption, tender, acceleration or otherwise. There shall be credited, (includingi) against any installment of Basic Rent due in respect of the Debt Service of Bonds due on a Bond Payment Date or the Purchase Price of Bonds due on a Tender Date, without ------- limitationany amount on deposit in the Bond Fund or the Bond Purchase Fund, common area maintenance respectively, by not later than 10:00 a.m. on such Bond Payment Date or Tender Date, as the case may be, representing proceeds of a drawing under the Letter of Credit pursuant to the Indenture; and (ii) against any installment of Basic Rent due in respect of the Purchase Price of Bonds due on a Tender Date, any amount on deposit in the Bond Purchase Fund by not later than 10:00 a.m. on such Tender Date representing proceeds of the remarketing of Bonds pursuant to the Indenture. (b) The Company recognizes and acknowledges that it is the intention of the parties hereto that this Lease Agreement be a net lease and that, until the Bonds are fully paid, Basic Rent shall be due in such amounts and at such times as shall be required, giving effect to any credits hereinabove provided for, to pay Debt Service on and Purchase Price of Bonds as the same shall become due and payable. Any amount of Basic Rent not timely paid shall bear interest from the due date thereof until paid at the Interest Rate for Advances. (c) In further consideration of the lease of the Project, the Company covenants and agrees to pay as additional Rental hereunder: (i) any and all costs and expenses incurred or to be paid by the Issuer in connection with the issuance and delivery of the Bonds or otherwise related to actions taken by the Issuer under this Lease Agreement, including advances made pursuant to Section 4.9 hereof or the Indenture (excepting, however, Project Costs to the extent the same are paid from the proceeds of sale of the Bonds); and (ii) the fees, charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants expenses of the Property or any portion thereof Trustee and the other Fiduciaries (collectively, as defined in the "Tenants"Indenture) shall be prorated for acting as of such under the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same ifIndenture, as and when received by Buyer. After the Close of Escrowsame become due, all payments received by Buyer from provided, that the Tenants shall be applied as follows: firstCompany may, to without creating a default hereunder, contest in good faith the obligation necessity for any extraordinary services or obligations of extraordinary expenses and the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery reasonableness of any such payments; fees, charges or expenses. Following the payment or incurring of any such costs, expenses or liability, such additional Rental is payable upon written demand therefor, and then, to any amounts due Seller if not paid upon such demand shall bear interest from such Tenants under the Leases date paid or incurred at the Interest Rate for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the LeasesAdvances.

Rentals. Rentals As used herein, “Rentals” includes fixed monthly rentals, additional rentals, escalation rentals, retroactive rentals, percentage rentals, operating cost pass-throughs and other payments (including, without ------- limitation, common area maintenance sums and charges and payments for real property taxes and insurance premiums) payable by tenants, licensees, concessionaires and other occupants of Tenants under the Property or any portion thereof (collectively, the "Tenants") Tenant Leases. Delinquent Rentals shall be prorated between Buyer and Seller as of the Close of Escrow but not until they are actually collected by Buyer. Buyer shall have the right, but not the obligation, to collect any delinquent Rentals; provided, however, Buyer agrees to send invoices to Tenants for delinquent Rentals for a period of six(6) months following the Close of Escrow. HoweverFrom and after the Close of Escrow, Seller shall have the right to institute or continue any legal action to collect delinquent Rentals under any Tenant Lease, provided that Seller shall not be permitted to commence or continue any action to terminate the applicable Tenant Lease or the Tenant’s right to possession of a portion of the Property pursuant to any Tenant Lease. Buyer shall not be obligated to make any payment or give any credit remit to Seller on account any Rentals received from Tenants after the Close of Escrow unless such Tenants are current in their Rental obligations for periods occurring from and after the Close of Escrow. Delinquent Rentals collected by Buyer, net of the costs of collection (including actual out-of-pocket attorneys’ fees), shall be applied first to amounts currently due and then to amounts most recently overdue. Buyer shall remit any amounts to which Seller is entitled in accordance with this Section 9.1 to Seller immediately upon receipt. Except as specified above, if either Buyer or by reason ofSeller receives any revenues attributable to the period during which it is not the owner of the Property, said party shall promptly forward such amounts to the other party (if such revenues are only partially attributable to the period during which said party is not the owner of the Property, the amount paid to the other party shall be based upon proration as of the Close of Escrow as set forth above). Notwithstanding the foregoing, Seller shall be entitled to an increase in the Purchase Price to the extent any rental rents or other payments which are unpaid amounts due as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no right whatsoever to initiate any action against any Tenant for unlawful detainer or other right or action to dispossess such Tenant of its leased premises with respect to any duties or obligations of such Tenant , under the LeasesLease between Seller and Buyer remain unpaid.

Rentals. Rentals Rent and other payments (includingpayments, including without ------- limitationlimitation any additional rent and percentage rent, common area maintenance charges which are payable pursuant to the Leases, applicable to the time period in which the Close of Escrow occurs, and payments for real property taxes and insurance premiums) payable have been received by tenantsSeller prior to the Closing Date, licensees, concessionaires and other occupants shall be pro-rated on a per diem basis as of the Property or Closing Date. Seller shall use its commercially reasonable efforts to resolve, prior to the Closing Date, any portion thereof (collectivelyrent arrearages arising under Leases for the period prior to the Closing Date; however, if any such arrearages exist at Closing, Buyer shall pay to Seller any rent actually collected after Closing which is applicable to the "Tenants") period preceding the Closing Date in accordance with this Section 3.12.4. All rent, including any delinquent rent, collected by Buyer after Closing shall be prorated applied first to the current month's rent, second to unpaid, past due rent accruing after the Closing Date, and third to the unpaid rent accruing prior to the Closing Date (and such pre-Closing rent collected by Buyer shall be paid to Seller within ten (10) days after Buyer's receipt thereof). In no event shall delinquent rent be prorated. During the twelve (12) month period following Closing, Buyer shall xxxx tenants for any rent arrearages in respect of the period prior to the Closing Date and shall use its commercially reasonable efforts to collect same, provided that Buyer shall not be required to incur any other cost or commence any legal proceeding in order to collect such arrearage. Any prepaid rentals including with respect to operating expenses shall be credited to Buyer as of the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to credited and Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing during the month in which the Close of Escrow occurs; second, to any obligation or obligations of the Tenants under the Leases attributable to any period occurring after the Close of Escrow through the month in which payment is made and/or debited with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt by Buyer; third, an amount equal to all of Buyer's costs of collection incurred with respect rent abatements and rent concessions applicable to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to after the Close of Escrow. Any rental payments received by Seller following the Close of Escrow shall be paid over to Buyer within five (5) business days of receipt and shall be applied in the manner described above. Seller shall have no retain the right whatsoever to initiate take action to collect any action against any Tenant for unlawful detainer delinquent rents or other amounts owing Seller applicable to the period prior to the Closing Date, except with to the extent Seller is deemed to have waived its right or action to dispossess such Tenant of its leased premises do so with respect to any duties or obligations of such that Tenant under the Leasescommonly known as "Sports Plus" pursuant to Section 3.12.5 below.

Rentals. Rentals At Closing, Seller must credit to Purchaser the amount of any rent other sums and other payments charges (including, without ------- limitation, common area maintenance charges and payments for real property taxes and insurance premiumsexcluding Security Deposits) which are payable by tenants, licensees, concessionaires and other occupants of the Property or any portion thereof tenants under the Tenant Leases (collectively, the "TenantsRENTALS") shall be prorated as of for periods after the Close of Escrow. However, Buyer shall not be obligated to make any payment or give any credit to Seller on account of, or by reason of, any rental or other payments which are unpaid as of the Close of Escrow, but shall be required merely to pay to Seller Seller's share of the same if, as and when received by Buyer. After the Close of Escrow, all payments received by Buyer from the Tenants shall be applied as follows: first, to the obligation or obligations of the Tenants under the Leases accruing Proration Date during the month in which Closing occurs and the Close amount of Escrow occurs; second, to any obligation or obligations of the Tenants pre-paid Rentals received by Seller from any tenant under the Tenant Leases attributable to any period occurring for periods after the Close of Escrow through Proration Date. Seller shall keep and retain (i) all Rentals (whether paid or unpaid at Closing) payable for the month in which payment is made and/or with respect to obligations accruing after the Close of Escrow which are past due on the date of receipt Closing occurs, (ii) all pre-paid Rentals received by Buyer; third, to all of Buyer's costs of collection incurred with respect to the recovery of any such payments; and then, to any amounts due Seller from such Tenants under the Leases for periods prior to the Close of Escrow. Any rental payments Proration Date, and (iii) to the extent Purchaser was given a credit for same, all pre-paid Rentals received by Seller following for periods after the Close Proration Date. If Purchaser collects or receives any Rentals delinquent as of Escrow shall be paid over the Proration Date (the "DELINQUENT RENTALS"), Purchaser agrees to Buyer pay such amounts to Seller, in Cash Funds, within five (5) business 10 days of after Purchaser's receipt and shall be applied in the manner described abovethereof. Seller shall will have no the sole and exclusive right whatsoever to initiate any action against pursue collection of Delinquent Rentals owing to Seller, but Seller will not be entitled to pursue eviction proceedings nor seek the termination of any Tenant for unlawful detainer or other right or action to dispossess Lease in connection with any such Tenant of its leased premises with respect to any duties or obligations of such Tenant under the Leaseslegal action.