Common use of Taxes and Other Charges; Law and Agreements Clause in Contracts

Taxes and Other Charges; Law and Agreements. (a) Lessee shall pay and discharge, on or before the last day upon which the same may be paid without interest or penalty, and shall indemnify each Indemnified Party on an after tax basis, from and against, all taxes, including any tax based upon or measured by gross rentals or receipts from any Property, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and whether or not the same shall have been within the express contemplation of the parties hereto, and any interest and penalties thereon, which are levied, assessed or due against (i) such Indemnified Party and which relate to such Indemnified Party's interest in any Property, the use, occupancy, operation or possession of any Property or any part thereof or the transactions contemplated by the Operative Documents, (ii) any Property or the interest of Lessee or Lessor therein, (iii) Basic Rent or Additional Obligations or other sums payable by Lessee hereunder, (iv) this Lease or the interest of Lessee or the Indemnified Parties hereunder, (v) the use, occupancy, construction, repair or rebuilding of any Property or any portion thereof, (vi) gross receipts from any Property or (vii) Taxes and "Taxes" or terms of like import as defined in the Loan Agreement. If any tax or assessment levied or assessed against any Property may legally be paid in installments, Lessee shall have the option to pay such tax or assessment in installments; provided, however, that upon the termination or expiration of the Term of this Lease with respect to such Property, Lessee shall pay any such tax or assessment which it has been paying in installments in full, on or prior to such termination or expiration date, unless such Property is being purchased by Lessee hereunder, and no liability could result to any Indemnified Party due to Lessee's failure to pay such tax or assessment in full. Nothing in this Lease shall require payment by Lessee of any franchise, estate, inheritance, succession, transfer, net income or profits taxes of any Indemnified Party (including any minimum taxes and withholding taxes), except for (x) withholding taxes for which Lessor is liable under Section 5.9 of the Loan Agreement or Section 3.8 of the Deed of Trust to Agent Bank and for which Lessee shall be liable hereunder, (y) transfer taxes, recording fees, or similar charges payable in connection with a conveyance hereunder to Lessee or in connection with Lessor's or Agent Bank's exercise of remedies after an Event of Default hereunder and (z) any gross receipts or similar taxes imposed or levied upon, assessed against or measured by the Basic Rent, Additional Obligations or any other sums payable by Lessee hereunder or levied upon or assessed against any Property (but excluding from this clause (z), any such taxes which are in substitution for an income, profit or revenue tax of any Indemnified Party, but then only to the extent of such substitution and only to the extent that such tax, assessment or other charge would be payable if such Property were the only property of such Indemnified Party subject thereto) (the foregoing, collectively, Excluded Taxes). Lessee shall prepare and file or cause to be filed on a timely basis all returns and other materials required in connection with any taxes, assessments or other charges that Lessee is required to pay pursuant to this Article 6; provided, however, where legally required, Lessor will sign such return or related power of attorney. Lessee shall furnish to Lessor promptly, and in any event within 30 days after the later of the date the same becomes due and payable and the date of written demand by Lessor, as the case may be, proof of the payment of any such tax, assessment, fee, rent or charge which is payable by Lessee and, upon written demand of Lessor, proof of the filing of all returns and other materials required in connection therewith.

Taxes and Other Charges; Law and Agreements. (a) Lessee shall pay and discharge, on or before the last day upon which the same may be paid without interest or penalty, and shall indemnify each Indemnified Party on an after tax basis, from and against, all taxes, including any tax based upon or measured by gross rentals or receipts from any the Leased Property, assessments, levies, fees, water and sewer rents, utility charges, all ground rents on or with respect to the Leased Property and other governmental and similar charges, including, without limitation, any payment in lieu of taxes, maintenance charges, vault charges, and license fees for the use of the vaults, chutes and similar areas adjoining the Land, and other governmental impositions, whether general and or special, ordinary or extraordinary, foreseen or unforeseen, of any kind or nature whatsoever, and whether or not the same shall have been within the express contemplation of the parties hereto, and any interest and penalties thereon, which are levied, levied or assessed or are otherwise due during the Term (collectively, Taxes and Impositions) against (i) such Indemnified Party Lessor (upon Lessee obtaining Actual Knowledge thereof) and which relate to such Indemnified PartyLessor's interest in any ownership of the Leased Property, the use, occupancy, operation or possession of any the Leased Property or any part thereof or the transactions contemplated by this Lease, including, if applicable, (A) state franchise or doing business taxes or the Operative Documentslike but only those relating to or resulting solely from Lessor's ownership of the Leased Property and not any other property or any other activity of Lessor, and only to the extent Pennsylvania Lease Agreement described in the second succeeding sentence and, in any event, excluding any state income taxes (B) transfer taxes relating solely to the conveyance of the Leased Property to or from Lessee or its affiliates or in connection with the exercise of Lessor's or Lessor's Mortgagee's remedies after an Event of Default hereunder, (ii) any the Leased Property or this Lease or the interest of Lessee or Lessor thereintherein or herein, (iii) Basic Rent or Additional Obligations Rent or other sums payable by Lessee hereunder, (iv) this Lease or the interest of Lessee or the Indemnified Parties hereunder, (v) the use, occupancy, construction, repair or rebuilding of any the Leased Property or any portion thereof, or (viv) gross receipts from any Property or (vii) Taxes and "Taxes" or terms of like import as defined in the Loan AgreementLeased Property. If any tax or assessment Taxes and Impositions levied or assessed against any the Leased Property may legally be paid in installments, Lessee shall have the option to pay such tax or assessment Taxes and Impositions in installments; provided, however, that upon the termination or expiration of the Term of this Lease with respect to such Property, Lessee shall pay any such tax or assessment Taxes and Impositions which it has been paying in installments in full, on or prior to such termination or expiration date, unless such Property is being purchased by Lessee hereunder, and no liability could result to any Indemnified Party due to Lessee's failure to pay such tax or assessment in full. Nothing in this Lease shall require payment by Lessee of any franchise, estate, inheritance, succession, transfertransfer (other than as set forth above), net income or profits taxes of any Indemnified Party Lessor (including any minimum taxes and withholding taxes), except for (x) withholding taxes for which Lessor is liable under Section 5.9 of the Loan Agreement or Section 3.8 of the Deed of Trust to Agent Bank and for which Lessee shall be liable hereunder, (y) transfer taxes, recording fees, or similar charges payable in connection with a conveyance hereunder to Lessee or in connection with Lessor's or Agent Bank's exercise of remedies after an Event of Default hereunder and (z) other than any gross receipts or similar taxes imposed or levied upon, assessed against or measured by the Basic Rent, Additional Obligations Rent or any other sums payable by Lessee hereunder or levied upon or assessed against any Property (but excluding from this clause (zthe Leased Property), any taxes imposed by any Governmental Authority on, or measured by, the net income of Lessor, unless any such taxes which are tax is in substitution lieu of or a substitute for an income, profit any other tax or revenue tax of any Indemnified Party, but then only assessment upon or with respect to the extent of Leased Property, in which case such substitution and only to the extent that such tax, assessment or other charge tax would be payable if such Property were the only property of such Indemnified Party subject thereto) (the foregoing, collectively, Excluded Taxes). by Lessee shall prepare and file or cause to be filed on a timely basis all returns and other materials required in connection with any taxes, assessments or other charges that Lessee is required to pay pursuant to this Article 6; provided, however, where legally required, Lessor will sign such return or related power of attorneyhereunder. Lessee shall furnish Lessor and Lessor's Mortgagee with receipts (or if receipts are not available, with copies of cancelled checks evidencing payment with receipts to follow promptly after they become available) showing payment of Taxes and Impositions prior to the applicable delinquency date therefor, and, Lessee shall cause a tax service acceptable to Lessor promptlyand Lessor's Mortgagee to provide Lessor and Lessor's Mortgagee timely evidence of the payment by Lessee of such Taxes and Impositions. Except for Taxes and Impositions paid by Lessee in installments as set forth above, Taxes and in any event within 30 days after the later Impositions which are payable by Lessee shall be apportioned between Lessor and Lessee as of the date on which this Lease terminates. Lessor shall endeavor to promptly forward to Lessee any tax bills received by Lessor that are Lessee's responsibility. Lessee shall establish and maintain the same becomes due Tax and payable Insurance Reserve Fund by and pursuant to the date terms of written demand by Lessor, as the case may be, proof of the payment of any such tax, assessment, fee, rent or charge which is payable by Lessee and, upon written demand of Lessor, proof of the filing of all returns and other materials required in connection therewithArticle 13.

Taxes and Other Charges; Law and Agreements. (a) Lessee Tenant shall pay and discharge, on or before the last day upon which the same may be paid without interest or penalty, and shall indemnify each Indemnified Party on an after tax basis, from and against, all taxes, including any transaction privilege tax based upon or measured by gross rentals or receipts from any the Leased Property, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and whether or not the same shall have been within the express contemplation of the parties hereto, and any interest and penalties thereon, which are leviedlevied or assessed during the Term of this Lease (including all of the taxes, assessed or due assessments, fees, water and sewer rents and other governmental charges for the year in which this Lease is executed which are now a lien but not yet delinquent) against (i) such Indemnified Party Landlord and which relate to such Indemnified PartyLandlord's interest in any ownership of the Leased Property, the use, occupancy, operation or possession use and occupancy of any the Leased Property or any part thereof or the transactions contemplated by the Operative Documentsthis Lease, (ii) any Landlord's mortgagee and which relate to Landlord's mortgagee's interest in the Leased Property, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (iii) the Leased Property or the interest of Lessee Tenant or Lessor Landlord therein, (iiiiv) Basic Rent, Additional Rent or Additional Obligations or any other sums amount payable by Lessee Tenant hereunder, (ivv) this Lease or the interest of Lessee Tenant or the Indemnified Parties Landlord hereunder, (vvi) the use, occupancy, construction, repair or rebuilding of any the Leased Property or any portion thereof, or (vivii) gross receipts from any Property or (vii) Taxes and "Taxes" or terms of like import as defined in the Loan AgreementLeased Property. If any tax or assessment levied or assessed against any the Leased Property may legally be paid in installments, Lessee Tenant shall have the option to pay such tax or assessment in installments; provided, however, that upon the termination or expiration of the Term of this Lease with respect to such Property, Lessee shall pay any such tax or assessment which it has been paying in installments in full, on or prior to such termination or expiration date, unless such Property is being purchased by Lessee hereunder, and no liability could result to any Indemnified Party due to Lessee's failure to pay such tax or assessment in full. Nothing in this Lease shall require payment by Lessee Tenant of any franchise, estate, inheritance, succession, transfer, net income or profits taxes of any Indemnified Party (including any minimum taxes and withholding taxes)Landlord, except unless such tax is in lieu of or a substitute for (x) withholding taxes for which Lessor is liable under Section 5.9 of the Loan Agreement or Section 3.8 of the Deed of Trust to Agent Bank and for which Lessee shall be liable hereunder, (y) transfer taxes, recording fees, or similar charges payable in connection with a conveyance hereunder to Lessee or in connection with Lessor's or Agent Bank's exercise of remedies after an Event of Default hereunder and (z) any gross receipts or similar taxes imposed or levied upon, assessed against or measured by the Basic Rent, Additional Obligations or any other sums payable by Lessee hereunder tax or levied assessment upon or assessed against any Property (but excluding from this clause (z), any such taxes which are in substitution for an income, profit or revenue tax of any Indemnified Party, but then only with respect to the extent of Leased Property, which, if such substitution and only to the extent that such taxother tax or assessment were in effect, assessment or other charge would be payable if such Property were the only property of such Indemnified Party subject thereto) (the foregoing, collectively, Excluded Taxes)by Tenant hereunder. Lessee shall prepare and file or cause to be filed on a timely basis all returns and other materials required in connection with any taxes, assessments or other charges that Lessee is required to pay pursuant to this Article 6; provided, however, where legally required, Lessor will sign such return or related power of attorney. Lessee Tenant shall furnish to Lessor promptlyLandlord, and in any event within 30 sixty (60) days after the later of the date the same becomes final due and payable and the date of written demand by Lessor, as such tax or assessment for each of the case may beParcels, proof of the payment of any such tax, assessment, fee, rent or charge which is payable by Lessee andTenant. Such taxes, upon written demand of Lessorassessments, proof fees, water and sewer rents and other governmental charges shall be apportioned between Landlord and Tenant as of the filing of all returns and other materials required in connection therewithdate on which this Lease terminates or expires.

Taxes and Other Charges; Law and Agreements. (a) Lessee shall pay and discharge, on or before the last day upon which the same may be paid without interest or penalty, and shall indemnify each Indemnified Party on an after tax basis, from and against, all taxes, including any tax based upon or measured by gross rentals or receipts from any the Leased Property, assessments, levies, fees, water and sewer rents, utility charges, all ground rents on or with respect to the Leased Property and other governmental and similar charges, including, without limitation, any payment in lieu of taxes, maintenance charges, vault charges, and license fees for the use of the vaults, chutes and similar areas adjoining the Land, and other governmental impositions, whether general and or special, ordinary or extraordinary, foreseen or unforeseen, of any kind or nature whatsoever, and whether or not the same shall have been within the express contemplation of the parties hereto, and any interest and penalties thereon, which are levied, levied or assessed or are otherwise due during the Term (collectively, Taxes and Impositions) against (i) such Indemnified Party Lessor (upon Lessee obtaining Actual Knowledge thereof) and which relate to such Indemnified PartyLessor's interest in any ownership of the Leased Property, the use, occupancy, operation or possession of any the Leased Property or any part thereof or the transactions contemplated by this Lease, including, if applicable, (A) state franchise or doing business taxes or the Operative Documentslike but only those relating to or resulting solely from Lessor's ownership of the Leased Property and not any other property or any other activity of Lessor, and only to the extent Alabama Lease Agreement described in the second succeeding sentence and, in any event, excluding any state income taxes (B) transfer taxes relating solely to the conveyance of the Leased Property to or from Lessee or its affiliates or in connection with the exercise of Lessor's or Lessor's Mortgagee's remedies after an Event of Default hereunder, (ii) any the Leased Property or this Lease or the interest of Lessee or Lessor thereintherein or herein, (iii) Basic Rent or Additional Obligations Rent or other sums payable by Lessee hereunder, (iv) this Lease or the interest of Lessee or the Indemnified Parties hereunder, (v) the use, occupancy, construction, repair or rebuilding of any the Leased Property or any portion thereof, or (viv) gross receipts from any Property or (vii) Taxes and "Taxes" or terms of like import as defined in the Loan AgreementLeased Property. If any tax or assessment Taxes and Impositions levied or assessed against any the Leased Property may legally be paid in installments, Lessee shall have the option to pay such tax or assessment Taxes and Impositions in installments; provided, however, that upon the termination or expiration of the Term of this Lease with respect to such Property, Lessee shall pay any such tax or assessment Taxes and Impositions which it has been paying in installments in full, on or prior to such termination or expiration date, unless such Property is being purchased by Lessee hereunder, and no liability could result to any Indemnified Party due to Lessee's failure to pay such tax or assessment in full. Nothing in this Lease shall require payment by Lessee of any franchise, estate, inheritance, succession, transfertransfer (other than as set forth above), net income or profits taxes of any Indemnified Party Lessor (including any minimum taxes and withholding taxes), except for (x) withholding taxes for which Lessor is liable under Section 5.9 of the Loan Agreement or Section 3.8 of the Deed of Trust to Agent Bank and for which Lessee shall be liable hereunder, (y) transfer taxes, recording fees, or similar charges payable in connection with a conveyance hereunder to Lessee or in connection with Lessor's or Agent Bank's exercise of remedies after an Event of Default hereunder and (z) other than any gross receipts or similar taxes imposed or levied upon, assessed against or measured by the Basic Rent, Additional Obligations Rent or any other sums payable by Lessee hereunder or levied upon or assessed against any Property (but excluding from this clause (zthe Leased Property), any taxes imposed by any Governmental Authority on, or measured by, the net income of Lessor, unless any such taxes which are tax is in substitution lieu of or a substitute for an income, profit any other tax or revenue tax of any Indemnified Party, but then only assessment upon or with respect to the extent of Leased Property, in which case such substitution and only to the extent that such tax, assessment or other charge tax would be payable if such Property were the only property of such Indemnified Party subject thereto) (the foregoing, collectively, Excluded Taxes). by Lessee shall prepare and file or cause to be filed on a timely basis all returns and other materials required in connection with any taxes, assessments or other charges that Lessee is required to pay pursuant to this Article 6; provided, however, where legally required, Lessor will sign such return or related power of attorneyhereunder. Lessee shall furnish Lessor and Lessor's Mortgagee with receipts (or if receipts are not available, with copies of cancelled checks evidencing payment with receipts to follow promptly after they become available) showing payment of Taxes and Impositions prior to the applicable delinquency date therefor, and, Lessee shall cause a tax service acceptable to Lessor promptlyand Lessor's Mortgagee to provide Lessor and Lessor's Mortgagee timely evidence of the payment by Lessee of such Taxes and Impositions. Except for Taxes and Impositions paid by Lessee in installments as set forth above, Taxes and in any event within 30 days after the later Impositions which are payable by Lessee shall be apportioned between Lessor and Lessee as of the date on which this Lease terminates. Lessor shall endeavor to promptly forward to Lessee any tax bills received by Lessor that are Lessee's responsibility. Lessee shall establish and maintain the same becomes due Tax and payable Insurance Reserve Fund by and pursuant to the date terms of written demand by Lessor, as the case may be, proof of the payment of any such tax, assessment, fee, rent or charge which is payable by Lessee and, upon written demand of Lessor, proof of the filing of all returns and other materials required in connection therewithArticle 13.

Taxes and Other Charges; Law and Agreements. (a) Lessee Tenant shall pay and discharge, on or before not later than the last day upon which the same may be paid without interest or penalty, any and shall indemnify each Indemnified Party on an after tax basis, from and against, all present or future taxes, including any tax based upon or measured by gross rentals or receipts from any Property, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and any interest, fines and penalties thereon or additions thereto (“Impositions”), which are levied or assessed and become due and payable with respect to the Term of this Lease, whether or not the same shall have been within become payable during the express contemplation Term of this Lease, (including all Impositions for the parties hereto, and any interest and penalties thereon, year in which this Lease is executed which are levied, assessed or now a lien but not yet due and payable) against (i) such Indemnified Party Landlord and which relate to such Indemnified Party's interest in any Landlord’s ownership of the Leased Property, the use, occupancy, operation or possession use and occupancy of any the Lease Property or any part thereof or the transactions contemplated by the Operative Documentsthis Lease, (ii) any the Leased Property or the interest of Lessee Tenant or Lessor Landlord therein, (iii) Basic Rent, Additional Rent or Additional Obligations or any other sums amount payable by Lessee Tenant hereunder, (iv) this Lease or the interest of Lessee Tenant or the Indemnified Parties Landlord hereunder, (v) the use, occupancy, construction, repair or rebuilding of any the Leased Property or any portion thereof, of (vi) gross receipts from any Property or (vii) Taxes and "Taxes" or terms of like import as defined the Leased Property. Anything in the Loan Agreement. If any tax preceding sentence or assessment levied or assessed against any Property may legally be paid in installments, Lessee shall have the option to pay such tax or assessment in installments; provided, however, that upon the termination or expiration of the Term of this Lease with respect to such Propertythe contrary notwithstanding, Lessee shall pay any such tax or assessment which it has been paying in installments in full, on or prior to such termination or expiration date, unless such Property is being purchased by Lessee hereunder, and no liability could result to any Indemnified Party due to Lessee's failure to pay such tax or assessment in full. Nothing nothing in this Lease shall require payment by Lessee Tenant of any net income (including any capital gain), franchise, estate, inheritance, succession, transfer, net income or profits taxes of any Indemnified Party (including any minimum taxes and withholding taxes), except for (x) withholding taxes for which Lessor is liable under Section 5.9 of the Loan Agreement or Section 3.8 of the Deed of Trust to Agent Bank and for which Lessee shall be liable hereunder, (y) transfer taxes, recording fees, or similar charges payable in connection with a conveyance hereunder to Lessee or in connection with Lessor's or Agent Bank's exercise of remedies after an Event of Default hereunder and (z) any gross receipts or similar taxes imposed of Landlord or levied uponLandlord’s mortgagee, assessed against unless such tax is in lieu of or measured by the Basic Rent, Additional Obligations or a substitute for any other sums payable by Lessee hereunder tax or levied assessment upon or assessed against any Property (but excluding from this clause (z), any such taxes which are in substitution for an income, profit or revenue tax of any Indemnified Party, but then only with respect to the extent of Leased Property, which, it such substitution and only to the extent that such taxother tax or assessment were in effect, assessment or other charge would be payable if such Property were the only property of such Indemnified Party subject thereto) (the foregoing, collectively, Excluded Taxes)by Tenant hereunder. Lessee shall prepare and file or cause to be filed on a timely basis all returns and other materials required in connection with any taxes, assessments or other charges that Lessee is required to pay pursuant to this Article 6; provided, however, where legally required, Lessor will sign such return or related power of attorney. Lessee Tenant shall furnish to Lessor Landlord, promptly, and in any event within 30 thirty (30) days after the later of the date the same becomes due and payable and the date of written demand by Lessor, as the case may beLandlord, proof of the payment of any such tax, assessment, levy, fee, rent or charge which is payable by Lessee andTenant. Such taxes, upon written demand of Lessorassessments, proof levies, fees, water and sewer rents and other governmental charges shall be apportioned between Landlord and Tenant as of the filing date on which this Lease terminates or expires. If any tax or assessment levied or assessed against the Leased Property may legally be paid in installments, Tenant shall have the option to pay such tax or assessment in installments and shall be liable only for the payment of all returns and other materials required in connection therewiththose installments which are payable during the Term of this Lease or relate to the period prior to the termination of the Term of this Lease.

Taxes and Other Charges; Law and Agreements. (a) Lessee shall pay and discharge, on or before the last day upon which the same may be paid without interest or penalty, and shall indemnify each Indemnified Party on an after tax basis, from and against, all taxes, including any tax based upon or measured by gross rentals or receipts from any Leased Property, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and whether or not the same shall have been within the express contemplation of the parties hereto, and any interest and penalties thereon, which are leviedhowever imposed, assessed whether levied or due against imposed upon Lessor, Lessee, any Indemnified Party, any Leased Property or any portion thereof, by any federal, state or local government or taxing authority in the United States of or by any taxing authority or governmental subdivision of any other country, upon or with respect to (i) such Indemnified Party and which relate to such the transactions including, without limitation, any documentary stamp tax or any intangible personal property tax on the Lessor or any other Indemnified Party's interest in any Property, the use, occupancy, operation or possession of any Property or any part thereof or the transactions contemplated by the Operative Documents, (ii) the Leased Property or any Property portion thereof or interest therein or the interest of Lessee or Lessor or any Indemnified Party therein, (iii) Basic Rent or Additional Obligations Rent or other sums payable by Lessee hereunder, (iv) this Lease or the interest of Lessee or the any Indemnified Parties Party hereunder, (v) the use, occupancy, construction, repair purchase, ownership, maintenance, operation, repair, rebuilding, possession, repossession, sale or rebuilding disposition of any Leased Property or any portion thereof, thereof or (vi) gross receipts from any Property or (vii) Taxes and "Taxes" or terms of like import as defined in the Loan AgreementLeased Property. If any tax or assessment levied or assessed against any Leased Property may legally be paid in installments, Lessee shall have the option to pay such tax or assessment in installments; provided, however, that upon the termination or expiration of the Term of this Lease with respect Lease, as the same be extended pursuant to such Propertythe terms hereof, Lessee shall pay any such tax or assessment which it has been paying in installments in full, full on or prior to such termination or expiration date, unless such Property is being purchased by Lessee hereunder, and no liability could result to any Indemnified Party due to Lessee's failure to pay such tax or assessment in full. Nothing in this Lease shall require payment by Lessee of any franchise, estate, inheritance, succession, transfer, net income or profits taxes of Lessor or any other Indemnified Party (including any minimum taxes and withholding taxes), except for (x) withholding taxes for which Lessor is liable under Section 5.9 of the Loan Agreement or Section 3.8 of the Deed of Trust to Agent Bank and for which Lessee shall be liable hereunder, (y) transfer taxes, recording fees, or similar charges payable in connection with a conveyance hereunder to Lessee or in connection with Lessor's or Agent Bank's exercise of remedies after an Event of Default hereunder and (z) any gross receipts or similar taxes imposed or levied upon, assessed against or measured by the Basic Rent, Additional Obligations Rent or any other sums payable by Lessee hereunder or levied upon or assessed against any Property (but excluding from this clause (z)Leased Property, any unless such taxes which are in substitution for an income, profit or revenue tax of Lessor or any other Indemnified Party, but then only to the extent of such substitution and only to the extent that such tax, assessment or other charge would be payable if such Leased Property were the only property of such Indemnified Party Lessor subject thereto) thereto (the foregoing, collectively, Excluded Taxes). Lessee shall -------------- prepare and file or cause to be filed on a timely basis all returns and other materials required in connection with any taxes, assessments or other charges that Lessee is required to pay pursuant to this Article 6; provided, however, where legally required, Lessor will sign such return or related power of attorney. Lessee shall furnish to Lessor promptly, and in any event within 30 days after the later of the date the same becomes due and payable and the date of written demand by Lessor, as the case may be, proof of the payment of any such tax, assessment, fee, rent or charge which is payable by Lessee and, upon written demand of Lessor, proof of the filing of all returns and other materials required in connection therewith. The indemnity contained in this Article 6 shall continue in full force and effect notwithstanding the expiration or earlier termination of this Lease and are expressly made for the benefit of, and shall be enforceable by, Lessor and each other Indemnified Party.