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

Taxes, Other Governmental Charges and Utility Charges. The Company shall pay during the Term all taxes, special assessments and governmental charges of any kind whatsoever as the same become due, respectively, that may at any time be lawfully assessed or levied upon or with respect to the Facilities, against any property of the Company brought in or upon the Facilities, any sales and excise taxes on products or transactions thereof, any taxes levied upon or with respect to income or profits from the Facilities and, without limiting the generality of the foregoing, any taxes which, if not paid, would become a lien on the Facilities, all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Facilities and all other assessments and charges of any nature that may be secured by a lien on the Facilities; provided, however, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during such period. The Company may, in good faith, at its expense in its own name, contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise the Company shall promptly pay or cause to be paid such taxes, assessments or charges. In the event that the Company shall fail to pay any of the foregoing items required by this Section to be paid by the Company, the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Trustee shall become an additional obligation of the Company to the party making the advance, which amounts, together with interest thereon from the date thereof at the rate stated in Section 5.2, the Company agrees to pay.

Taxes, Other Governmental Charges and Utility Charges. The Company agrees to pay promptly as and when the same shall become due and payable, each and every lawful cost, expense and obligation of every kind and nature, foreseen or unforeseen, for the payment of which the Board or the Company is or shall become liable by reason of its estate or interest in the Project or any portion thereof, by reason of any right or interest of the Board or the Company in or under this Agreement, or by reason of or in any manner connected with or arising out of the possession, operation, maintenance, alteration, repair, rebuilding or use of the Project or any part thereof. The Company also agrees to pay during the Term and discharge all lawful real estate taxes, special personal property taxes, water charges, sewer charges, assessments and all other lawful governmental taxes, impositions and charges of every kind and nature, ordinary and extraordinary, general or special, foreseen or unforeseen, whether similar or dissimilar to any kind whatsoever as of the same become dueforegoing, respectivelyand all applicable interest and penalties thereon, that may if any, which at any time during the term of this Agreement shall be or become due and payable by the Board or the Company and which shall be lawfully levied, assessed or levied imposed (a) upon or with respect to, or shall be or become liens upon, the Project or any portion thereof or any interest of the Board or the Company therein or under this Agreement; (b) upon or with respect to the Facilities, against any property income or profits of the Company brought in Board from the Project or upon the Facilities, any sales and excise taxes on products or transactions thereof, any taxes levied under this Agreement; (c) upon or with respect to income or profits from the Facilities andpossession, without limiting the generality of the foregoingoperation, any taxes which, if not paid, would become a lien on the Facilities, all utility and other charges incurred in the operationmanagement, maintenance, alterations, repair, rebuilding, use or occupancy of the Project or any portion thereof; or (d) upon this transaction or any document to which the Board or the Company is a party creating or transferring an interest or an estate in the Project; under or by virtue of any present or future law, statute, ordinance, regulation or other requirement of any governmental authority, whether federal, state, county, city, municipal, school or otherwise. The Company also agrees to pay any special assessments for public improvements or benefits for which the Company would have otherwise have been liable had it in fact been the owner of the Project. The Company shall, at its sole cost and expense, procure or cause to be procured any and all necessary building permits, other permits, licenses and other authorizations required for the lawful and proper construction, use, occupancy occupation, operation and upkeep management of the Facilities and all other assessments and charges of any nature that may be secured by a lien on the Facilities; provided, however, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Project. The Company shall be obligated also agrees to pay only such installments as are required or cause to be paid during all lawful charges for gas, water, sewer, electricity, light, heat, power, telephone and other utility and service used, rendered or supplied to, upon or in connection with the Project and the Board will cooperate with the Company in securing such periodpermits, licenses and authorizations. The Company may, in good faith, at its own expense and in its own namename and behalf or in the name and behalf of the Board, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or and other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise therefrom unless the Board or the Trustee shall notify the Company shall promptly pay that by nonpayment of any such items the lien or cause security interests afforded by this Agreement or the Indenture as to any part of the Project or the rents, payments and revenues derived from the Project will be paid materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event such taxes, assessments or chargescharges shall be paid promptly. In The Board shall cooperate fully with the event that Company in any such contest. If the Company shall fail to pay any of the foregoing items required by this Section to be paid by the CompanyCompany and shall not cure any failure within any applicable curative provisions provided herein, the Board or the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Board or the Trustee shall become an additional obligation of the Company to the party one making the advanceadvancement, which amounts, together with interest thereon at the rate of interest borne by the Bonds from the date thereof at the rate stated in Section 5.2thereof, the Company agrees to pay.

Taxes, Other Governmental Charges and Utility Charges. The Company shall agrees to pay during the Term and discharge all lawful real estate taxes, personal property taxes, water charges, sewer charges, assessments (including, but not limited to, special assessments for public improvements or benefits for which the Company would have otherwise have been liable had it in fact been the owner of the Project) and all other lawful governmental taxes, impositions and charges of every kind and nature, ordinary and extraordinary, general or special, foreseen or unforeseen, whether similar or dissimilar to any kind whatsoever as of the same become dueforegoing, respectivelyand all applicable interest and penalties thereon, that may if any, which at any time during the term of this Agreement shall be or become due and payable by the Issuer or the Company and which shall be lawfully levied, assessed or levied imposed (a) upon or with respect to, or shall be or become liens upon, the Project or any portion thereof or any interest of the Issuer or the Company therein or under this Agreement; (b) upon or with respect to the Facilities, against any property income or profits of the Company brought in Issuer from the Project or upon the Facilities, any sales and excise taxes on products or transactions thereof, any taxes levied under this Agreement; (c) upon or with respect to income or profits from the Facilities andpossession, without limiting the generality of the foregoingoperation, any taxes which, if not paid, would become a lien on the Facilities, all utility and other charges incurred in the operationmanagement, maintenance, alterations, repair, rebuilding, use or occupancy of the Project or any portion thereof; or (d) upon this transaction or any document to which the Issuer or the Company is a party creating or transferring an interest or an estate in the Project; under or by virtue of any present or future law, statute, ordinance, regulation or other requirement of any governmental authority, whether federal, state, county, city, municipal, school or otherwise. The Company shall, at its sole cost and expense, procure or cause to be procured any and all necessary building permits, other permits, licenses and other authorizations required for the lawful and proper construction, use, occupancy occupation, operation and upkeep management of the Facilities and all other assessments and charges of any nature that may be secured by a lien on the Facilities; provided, however, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Project. The Company shall be obligated also agrees to pay only such installments as are required or cause to be paid during all lawful charges (subject to the right of the Company to contest any such periodcharges) for gas, water, sewer, electricity, light, heat, power, telephone and other utility and service used, rendered or supplied to, upon or in connection with the Project and the Issuer will cooperate with the Company in securing such permits, licenses and authorizations. The Company may, in good faith, at its own expense and in its own namename and behalf or in the name and behalf of the Issuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or and other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise The Issuer shall cooperate fully with the Company shall promptly pay or cause to be paid in any such taxes, assessments or chargescontest. In the event that If the Company shall fail to pay any of the foregoing items required by this Section to be paid by the Company, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company to the party one making the advanceadvancement, which amounts, together with interest thereon at the rate of interest borne by the Bonds from the date thereof at the rate stated in Section 5.2thereof, the Company agrees to pay.

Taxes, Other Governmental Charges and Utility Charges. The Company shall shall, throughout the Lease Term, duly pay during and discharge, or cause to be paid and discharged, as the Term same become due and payable: (i) all taxes, special assessments taxes and governmental charges of any kind whatsoever as the same become due, respectively, that may (on account of a change in law or otherwise) at any time be lawfully assessed or levied upon against or with respect to the Facilitiesinterests of the Issuer, against any property of the Company brought and of the Holder in or upon the Facilities, any sales and excise taxes on products or transactions thereof, Project; (ii) any taxes levied upon or with respect to income or profits the lease revenues and receipts of the Issuer from the Facilities and, without limiting the generality of the foregoing, any taxes Project which, if not paid, would will become a lien on the FacilitiesProject or a charge on the revenues and receipts therefrom prior to or on a parity with the charge, pledge, and assignment thereof created and made in the Bond Resolution and in the Security Document; (iii) all utility and other charges incurred in the operation, maintenance, use, occupancy occupancy, and upkeep of the Facilities Project; and (iv) other levies, permit fees, inspection and license fees and all other assessments charges imposed upon or assessed against the Project or any part thereof or upon the revenues, rents, issues, income and profits of the Project or arising in respect of the occupancy, uses or possession thereof. Both the Issuer and the Holder shall be entitled to enforce the provisions of this Section, and the Issuer’s right to enforce the same is one of the Unassigned Rights. It is the understanding of the parties that, under the Act, the Issuer does not pay property taxes on its interest in the Project and that the Leasehold Interest of the Company is to be taxed as provided in the Economic Development Agreement being executed by the Company in connection herewith. The Company shall exhibit to the Issuer and to the Holder upon request validated receipts showing the payment of such taxes and other charges of any nature that which may be secured by or become a lien or encumbrance on the Facilities; provided, however, with respect Project. Upon notifying the Holder and the Issuer of its intention to special assessments or other governmental charges that may lawfully be paid in installments over a period of yearsdo so, the Company shall be obligated to pay only such installments as are required to be paid during such period. The Company may, at its own expense and in its own name and behalf or in the name and behalf of the Issuer and in good faith, at its expense in its own name, contest any such taxes, assessments assessments, and other charges and, in the event of any such contest, may permit the taxes, assessments assessments, or other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise , but only so long as neither the Company shall promptly pay Project nor any part thereof will be subject to imminent loss or cause to forfeiture by reason of such nonpayment; provided, that no such contest may be paid such taxes, assessments or charges. In made in the event that the Company shall fail to pay any name of the foregoing items required by this Section to be paid by Issuer unless (i) it is in the Company, the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Trustee shall become an additional obligation opinion of the Company necessary to protect or assert the party making rights or interests of the advanceCompany. Both the Issuer and the Holder shall be entitled to enforce the provisions of this Section, which amounts, together with interest thereon from and the date thereof at Issuer’s right to enforce the rate stated in Section 5.2, same is one of the Company agrees to payUnassigned Rights.

Taxes, Other Governmental Charges and Utility Charges. The ----------------------------------------------------- Company shall agrees to pay during the Term and discharge all lawful real estate taxes, personal property taxes, water charges, sewer charges, assessments (including, but not limited to, special assessments for public improvements or benefits for which the Company would have otherwise have been liable had it in fact been the owner of the Project) and all other lawful governmental taxes, impositions and charges of every kind and nature, ordinary and extraordinary, general or special, foreseen or unforeseen, whether similar or dissimilar to any kind whatsoever as of the same become dueforegoing, respectivelyand all applicable interest and penalties thereon, that may if any, which at any time during the term of this Agreement shall be or become due and payable by the Issuer or the Company and which shall be lawfully levied, assessed or levied imposed (a) upon or with respect to, or shall be or become liens upon, the Project or any portion thereof or any interest of the Issuer or the Company therein or under this Agreement; (b) upon or with respect to the Facilities, against any property income or profits of the Company brought in Issuer from the Project or upon the Facilities, any sales and excise taxes on products or transactions thereof, any taxes levied under this Agreement; (c) upon or with respect to income or profits from the Facilities andpossession, without limiting the generality of the foregoingoperation, any taxes which, if not paid, would become a lien on the Facilities, all utility and other charges incurred in the operationmanagement, maintenance, alterations, repair, rebuilding, use or occupancy of the Project or any portion thereof; or (d) upon this transaction or any document to which the Issuer or the Company is a party creating or transferring an interest or an estate in the Project; under or by virtue of any present or future law, statute, ordinance, regulation or other requirement of any governmental authority, whether federal, state, county, city, municipal, school or otherwise. The Company shall, at its sole cost and expense, procure or cause to be procured any and all necessary building permits, other permits, licenses and other authorizations required for the lawful and proper construction, use, occupancy occupation, operation and upkeep management of the Facilities and all other assessments and charges of any nature that may be secured by a lien on the Facilities; provided, however, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Project. The Company shall be obligated also agrees to pay only such installments as are required or cause to be paid during all lawful charges for gas, water, sewer, electricity, light, heat, power, telephone and other utility and service used, rendered or supplied to, upon or in connection with the Project and the Issuer will cooperate with the Company in securing such periodpermits, licenses and authorizations. The Company may, in good faith, at its own expense and in its own namename and behalf or in the name and behalf of the Issuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or and other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise The Issuer shall cooperate fully with the Company shall promptly pay or cause to be paid in any such taxes, assessments or chargescontest. In the event that If the Company shall fail to pay any of the foregoing items required by this Section to be paid by the Company, the Issuer or the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Issuer or the Trustee shall become an additional obligation of the Company to the party one making the advanceadvancement, which amounts, together with interest thereon at the rate of interest borne by the Bonds from the date thereof at the rate stated in Section 5.2thereof, the Company agrees to pay.

Taxes, Other Governmental Charges and Utility Charges. The Company shall Company, at the expense of the Company, shall, throughout the Term, duly pay during and discharge, as the Term same become due and payable, (i) all taxes, special assessments taxes and governmental charges of any kind whatsoever as the same become due, respectively, that may at any time be lawfully assessed or levied upon against or with respect to the Facilitiesinterests of the Issuer, against any property of the Company brought and of the Holder in or upon the FacilitiesProject, (ii) any sales and excise taxes on products or transactions thereof, any rent taxes levied upon or with respect to income or profits the lease revenues and receipts of the Issuer from the Facilities and, without limiting the generality of the foregoing, any taxes Project which, if not paid, would will become a lien on the FacilitiesProject or a charge on the revenues and receipts therefrom prior to or on a parity with the charge, pledge, and assignment thereof created and made in the Bond Resolution and in the Security Document, (iii) all utility and other charges incurred in the operation, maintenance, use, occupancy occupancy, and upkeep of the Facilities Project, and (iv) other levies, permit fees, inspection and license fees and all other assessments charges imposed upon or assessed against the Project or any part thereof or upon the revenues, rents, issues, and charges income of any nature the Project or arising in respect of the occupancy, uses or possession thereof. Both the Issuer and the Holder shall be entitled to enforce the provisions of this Section, and the Issuer's right to enforce the same is one of the Unassigned Rights. The parties intend that may be secured by a lien on the Facilities; provided, however, Company pay ad valorem property taxes with respect to special assessments or other governmental charges that may lawfully be paid the interest of the Company hereunder as contemplated in installments over a period the Amended and Restated Memorandum of yearsUnderstanding. If any taxing authority seeks to impose any taxes described in this Section, and if the Company first notifies the Issuer and the Holder of its intention to do so, the Company shall be obligated to pay only such installments as are required to be paid during such period. The Company may, at its own expense and in its own name and behalf or in the name and behalf of the Issuer and in good faith, at its expense in its own name, contest any such taxes, assessments assessments, and other charges and, in the event of any such contest, may permit the taxes, assessments assessments, or other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom, but only so long as neither the Project nor any part thereof will be subject to imminent loss or forfeiture by reason of such nonpayment. Otherwise Should such unpaid taxes cause the Project to be subject to imminent loss or forfeiture by reason of such nonpayment, the Issuer shall provide for the payment of such taxes and be entitled to collect any and all rebates or return or such. The Company shall promptly pay or cause exhibit to be paid such taxes, assessments or charges. In the event that the Company shall fail to pay any of the foregoing items required by this Section to be paid by the Company, the Trustee may (but shall be under no obligation to) pay the same, Issuer and any amounts so advanced therefor by the Trustee shall become an additional obligation of the Company to the party making Holder upon written request validated receipts showing the advance, payment of any other charges and taxes which amounts, together with interest thereon from may be or become a lien or encumbrance on the date thereof at the rate stated in Section 5.2, the Company agrees to payProject.

Taxes, Other Governmental Charges and Utility Charges. The Issuer and the Company acknowledge that under present law, no part of the Issuer's interest in the Project is subject to ad valorem taxation by the State or by any political or taxing subdivision thereof, and that under present law, the income and profits (if any) of the Issuer from the Project are not subject to either federal or State taxation. The Issuer and the Company also acknowledge that the Company's interest in the Leased Land and the Project is a usufruct and not an estate for years, and therefore, the Company's interest in the Leased Land and the Project is not subject to either federal or State taxation. The Company shall pay during pay, as the Term same become lawfully due and payable, (a) all taxes, special assessments taxes and governmental charges of any kind whatsoever as the same become due, respectively, that may at any time be lawfully assessed or levied upon or with respect to the Facilities, against any property of interest held by the Company brought in or upon the Facilities, hereunder, (b) all taxes and governmental charges of any sales and excise taxes on products or transactions thereof, any taxes levied kind whatsoever upon or with respect to income the Project or profits from any machinery, equipment or related property installed or brought by the Facilities andCompany therein or thereon (including, without limiting the generality of the foregoing, any taxes levied upon or with respect to the income or profits of the Issuer from the Project which, if not paid, would will become a lien on the Facilities, Project prior to or on a parity with the security interest in favor of the Issuer created hereunder), (c) all utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Facilities and Project, and (d) all other assessments and charges of lawfully made by any nature governmental body for public improvements that may be secured by a lien on the FacilitiesProject; provided, however, that with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Company shall be obligated to pay only such installments as are required to be paid during such periodthe Lease Term. The Company may, in good faith, at its own expense and in its own namename and behalf or in the name and behalf of the Issuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or and other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise therefrom unless the Issuer or the Trustee shall notify the Company shall promptly pay that, in the opinion of Independent Counsel, by nonpayment of any such items the lien or cause security interests afforded by this Agreement in favor of the Issuer will be materially endangered or the Project or any part thereof will be subject to be paid loss or forfeiture, in which event such taxes, assessments or chargescharges shall be paid promptly. In The Issuer shall cooperate fully with the event that Company in any such contest. If the Company shall fail to pay any of the foregoing items required by this Section to be paid by the Company, the Trustee Issuer may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Trustee Issuer shall become an additional obligation of the Company to the party making the advanceIssuer, which amounts, together with interest thereon at the rate of 8% per annum from the date thereof at the rate stated in Section 5.2thereof, the Company agrees to pay.

Taxes, Other Governmental Charges and Utility Charges. The Company shall Company, at the expense of the Company, shall, throughout the Term, duly pay during and discharge, as the Term same become due and payable, (i) all taxes, special assessments taxes and governmental charges of any kind whatsoever as the same become due, respectively, that may (on account of a change in law or otherwise) at any time be lawfully assessed or levied upon against or with respect to the Facilitiesinterests of the Issuer, against any property of the Company brought and of the Holder in or upon the FacilitiesProject, (ii) any sales and excise taxes on products or transactions thereof, any rent taxes levied upon or with respect to income or profits the lease revenues and receipts of the Issuer from the Facilities and, without limiting the generality of the foregoing, any taxes Project which, if not paid, would will become a lien on the FacilitiesProject or a charge on the revenues and receipts therefrom prior to or on a parity with the charge, pledge, and assignment thereof created and made in the Bond Resolution and in the Security Deed, (iii) all utility and other charges incurred in the operation, maintenance, use, occupancy occupancy, and upkeep of the Facilities Project, and (iv) other levies, permit fees, inspection and license fees and all other assessments charges imposed upon or assessed against the Project or any part thereof or upon the revenues, rents, issues, and charges income of the Project or arising in respect of the occupancy, uses or possession thereof. Both the Issuer and the Holder shall be entitled to enforce the provisions of this Section, and the Issuer’s right to enforce the same is one of the Unassigned Rights. Under current law, the Issuer is exempt from ad valorem property tax on its property. In 2006, 2007 and 2008, the Company shall pay payments in lieu of taxes on its leasehold interest which is equal to the taxes which would be levied against the Project if the Company, rather than the Issuer, were the owner of the Project on January 1 of such year. For purposes of calculating the payments in lieu of taxes (i) the fair market value of the Project shall be determined using the valuation procedures ordinarily employed in the County for purposes of ad valorem property taxation, (ii) the fair market value shall be multiplied by the assessment percentage (40%), (iii) the resulting "assessed value" shall be multiplied by the respective millage rates of the state, county, city and local taxing authorities to determine the "gross normal tax" applicable to each such governmental entity and (iv) and the "gross normal tax" applicable to each such governmental entity shall be multiplied by the applicable payment percentage for the year for which such calculation is made to determine the payment in lieu of taxes payable in such year to each such governmental entity. In any nature year in which a payment in lieu of taxes is due hereunder, the Company shall, on or before the date actual ad valorem taxes would normally be due, deliver to the Issuer, checks payable to the respective tax collectors for such state, county, city, and local taxing authorities for the amount payable in such year to each such governmental entity for which such tax collectors collect taxes. Receipt of such checks shall be noted by the Issuer on its records and the Issuer shall then forward the respective checks to the respective tax collectors that may be secured are the payees thereof. The Issuer shall have no economic interest in such payments of taxes, but shall serve a collector thereof for the benefit of such governmental entities. Should the Company fail to make payments of taxes required by a lien on this Section at the Facilities; provided, however, with respect to special assessments or other governmental charges that may lawfully be paid times and in installments over a period of yearsthe manner provided for in this Section, the Company shall be obligated to pay only such installments as are required to be paid during such period. The Company maythe respective governmental entities, in good faith, at its expense in its own name, contest any addition to such payment of taxes, assessments any additional penalties and other charges and, in the event of any such contest, interest that may permit the taxes, assessments or other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise the Company shall promptly pay or cause to be paid such taxes, assessments or charges. In the event that the Company shall fail to pay any of the foregoing items required by this Section to be paid by assessed against the Company, the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Trustee shall become an additional obligation of the Company to the party making the advance, which amounts, together with interest thereon from the date thereof at the rate stated in Section 5.2, the Company agrees to pay.

Taxes, Other Governmental Charges and Utility Charges. The Company shall agrees to pay during the Term and discharge all lawful real estate taxes, personal property taxes, water charges, sewer charges, assessments (including, but not limited to, special assessments for public improvements or benefits for which the Company would have otherwise have been liable had it in fact been the owner of the Project) and all other lawful governmental taxes, impositions and charges of every kind and nature, ordinary and extraordinary, general or special, foreseen or unforeseen, whether similar or dissimilar to any kind whatsoever as of the same become dueforegoing, respectivelyand all applicable interest and penalties thereon, that may if any, which at any time during the term of this Agreement shall be or become due and payable by the Issuer or the Company and which shall be lawfully levied, assessed or levied imposed: (a) upon or with respect to, or shall be or become liens upon, the Project or any portion thereof or any interest of the Issuer or the Company therein or under this Agreement; (b) upon or with respect to the Facilities, against any property income or profits of the Company brought in Issuer from the Project or upon the Facilities, any sales and excise taxes on products or transactions thereof, any taxes levied under this Agreement; (c) upon or with respect to income or profits from the Facilities andpossession, without limiting the generality of the foregoingoperation, any taxes which, if not paid, would become a lien on the Facilities, all utility and other charges incurred in the operationmanagement, maintenance, alterations, repair, rebuilding, use or occupancy of the Project or any portion thereof; or (d) upon this transaction or any document to which the Issuer or the Company is a party creating or transferring an interest or an estate in the Project; under or by virtue of any present or future law, statute, ordinance, regulation or other requirement of any governmental authority, whether federal, state, county, city, municipal, school or otherwise. The Company shall, at its sole cost and expense, procure or cause to be procured any and all necessary building permits, other permits, licenses and other authorizations required for the lawful and proper construction, use, occupancy occupation, operation and upkeep management of the Facilities and all other assessments and charges of any nature that may be secured by a lien on the Facilities; provided, however, with respect to special assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Project. The Company shall be obligated also agrees to pay only such installments as are required or cause to be paid during all lawful charges (subject to the right of the Company to contest any such periodcharges) for gas, water, sewer, electricity, light, heat, power, telephone and other utility and service used, rendered or supplied to, upon or in connection with the Project and the Issuer will cooperate with the Company in securing such permits, licenses and authorizations. The Company may, in good faith, at its own expense and in its own namename and behalf or in the name and behalf of the Issuer, in good faith contest any such taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, assessments or and other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise The Issuer shall cooperate fully with the Company shall promptly pay or cause to be paid in any such taxes, assessments or chargescontest. In the event that If the Company shall fail fails to pay any of the foregoing items required by this Section 6.12 to be paid by the Company, the Issuer or any Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Issuer or any Trustee shall become an additional obligation of the Company to the party one making the advanceadvancement, which amounts, together with interest thereon at the lowest rate of interest borne by the Bonds from the date thereof at the rate stated in Section 5.2thereof, the Company agrees to pay.

Taxes, Other Governmental Charges and Utility Charges. The Company In the event that a Project or any portion thereof shall, for any reason, be deemed subject to taxation, assessments or charges lawfully made by any governmental body which may be secured by a lien against such Project, an Additional Rental, from and to the extent of Board Funds, shall pay during be paid, or cause to be paid, by the Term Board equal to the amount of all such taxes, special assessments and governmental charges of any kind whatsoever as the same become then due, respectively, that . With respect to special assessments or other governmental charges which may at any time be lawfully assessed paid in installments over a period of years, the Board shall be obligated to provide for Additional Rentals only for such installments as are required to be paid during that period that the Board is obligated to pay Base Rentals. The Board shall not allow any liens for taxes, assessments or levied upon or with respect governmental charges to the Facilitiesexist (including, against any property of the Company brought in or upon the Facilities, any sales and excise taxes on products or transactions thereofwithout limitation, any taxes levied upon or with respect to income or profits from the Facilities and, without limiting the generality of the foregoing, any taxes which, if not paid, would will become a lien charge on the Facilitiesrentals and receipts prior to or on a parity with the charge thereon and the pledge and assignment thereof to be created and made in the Indenture), or any interest therein (including the interest of the Authority) on the rentals and revenues derived therefrom or hereunder. The Board shall also pay, or shall cause to be paid, as Additional Rentals, from and to the extent of available Board Funds, as the same respectively become due, all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Facilities Projects. As long as the Board is in possession of the Projects and except as otherwise provided herein, it shall keep it free and clear of all other assessments liens, charges and charges encumbrances (except Permitted Encumbrances and any encumbrances arising through the Authority) and shall have the responsibility for all management, operations, maintenance and repair of the Projects. The Board in its discretion may discharge its responsibility hereunder by: (1) using its own employees; or (2) contracting for services; or (3) subleasing all or portions of the Projects, subject to the provisions of this Master Lease and the Indenture; or (4) any nature that may be secured by combination of such methods. No such contract or sublease shall place a lien greater burden on the Facilities; providedAuthority than provided herein, howevernor infringe upon rights granted to or retained by the Authority hereunder, with respect to special assessments nor violate or in any way impair the Authority’s obligations under the Indenture or any other governmental charges that may lawfully be paid in installments over a period instrument, if any, securing any debt or borrowings by the Authority, all or substantially all the proceeds of years, the Company shall be obligated to pay only such installments as which are required to be paid during such periodused to finance Projects. The Company Board may, at the expense and in the name of the Board, in good faith, at its expense in its own name, faith contest any such taxes, assessments assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments or other charges or payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise therefrom provided the Company Board shall promptly pay first deposit with the Trustee, or cause in court, a bond or other security satisfactory to the Trustee pursuant to the Security Documents unless the Trustee shall notify the Board that, in the opinion of Independent Counsel, by nonpayment of any such items the security afforded pursuant to the terms hereof and pursuant to the Indenture and the Security Documents will be paid materially endangered or the Projects or any portion thereof will be subject to loss or forfeiture, in which event such taxes, assessments or chargescharges shall be paid forthwith. In the event that the Company Board shall fail to pay any of the foregoing items required by this Section to be paid by the Company, the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Trustee shall become an additional obligation of the Company to the party making the advance, which amounts, together with interest thereon from the date thereof at the rate stated in Section 5.2, the Company agrees to pay.Section

Taxes, Other Governmental Charges and Utility Charges. The Company shall Company, at the expense of the Company, shall, throughout the Term, duly pay during and discharge, as the Term same become due and payable, (i) all taxes, special assessments taxes and governmental charges of any kind whatsoever as the same become due, respectively, that may (on account of a change in law or otherwise) at any time be lawfully assessed or levied upon against or with respect to the Facilitiesinterests of the Authority, against any property of the Company brought and of the Holder in or upon the FacilitiesProject, (ii) any sales and excise taxes on products or transactions thereof, any rent taxes levied upon or with respect to income or profits the lease revenues and receipts of the Authority from the Facilities and, without limiting the generality of the foregoing, any taxes Project which, if not paid, would will become a lien on the FacilitiesProject or a charge on the revenues and receipts therefrom prior to or on a parity with the charge, pledge, and assignment thereof created and made in the Bond Resolution and in the Security Deed, (iii) all utility and other charges incurred in the operation, maintenance, use, occupancy occupancy, and upkeep of the Facilities Project, and (iv) other levies, permit fees, inspection and license fees and all other assessments charges imposed upon or assessed against the Project or any part thereof or upon the revenues, rents, issues, and charges income of the Project or arising in respect of the occupancy, uses or possession thereof. Both the Authority and the Holder shall be entitled to enforce the provisions of this Section, and the Authority’s right to enforce the same is one of the Unassigned Rights. Under current law, property owned by the Authority is exempt from ad valorem property tax. The Company shall make annual payments in lieu of taxes to the Authority, for the benefit of the state, the county, the city and the other local taxing authorities, equal to the following payment percentages of the ad valorem taxes which they would have levied against the Project if the Company, rather than the Authority, were the owner of the Project on January 1 of such year: 2002 20% 2003 40% 2004 60% 2005 80% 2006 and thereafter 100% For purposes of calculating the payments in lieu of taxes (i) the fair market value of the Project shall be determined using the valuation procedures ordinarily employed in the County for purposes of ad valorem property taxation, (ii) the fair market value shall be multiplied by the assessment percentage (40%), (iii) the resulting “assessed value” shall be multiplied by the respective millage rates of the state, county, city and local taxing authorities to determine the gross normal tax” applicable to each such governmental entity and (iv) and the “gross normal tax” applicable to each such governmental entity shall be multiplied by the applicable payment percentage for the year for which such calculation is made to determine the payment in lieu of taxes payable in such year to each such governmental entity. In any nature year in which a payment in lieu of taxes is due hereunder, the Company shall, on or before the date actual ad valorem taxes would normally be due, deliver to the Authority, checks payable to the respective tax collectors for such state, county, city, and local taxing authorities for the payment in lieu of taxes payable in such year to each such governmental entity for which such tax collectors collect taxes. Receipt of such checks shall be noted by the Authority on its records and the Authority shall then forward the respective checks to the respective tax collectors that may be secured are the payees thereof. The Authority shall have no economic interest in such payments in lieu of taxes, but shall serve a collector thereof for the benefit of such governmental entities. Should the Company fail to make payments in lieu of taxes required by a lien on this Section at the Facilities; provided, however, with respect to special assessments or other governmental charges that may lawfully be paid times and in installments over a period of yearsthe manner provided for in this Section, the Company shall be obligated to pay only such installments as are required to be paid during such period. The Company maythe respective governmental entities, in good faith, at its expense addition to such payment in its own name, contest any such lieu of taxes, assessments an additional amount that shall be equal to the penalties and other charges and, interest that would be assessed against the Company if such payment in lieu of taxes were delinquent ad valorem taxes. If the Authority’s ownership interest in the event of Project, the Company’s leasehold interest or any such contestother interest therein should become subject to actual ad valorem taxes in any tax year, may permit the taxes, assessments or other charges or Company’s obligations to pay payments in lieu of taxes so contested to remain unpaid during the period of such contest and any appeal therefrom. Otherwise the Company shall promptly pay or cause to be paid such taxes, assessments or charges. In the event that the Company shall fail to pay any of the foregoing items required by this Section to be paid by the Companyabove, the Trustee may (but shall be under no obligation to) pay the same, and any amounts so advanced therefor by the Trustee shall become an additional obligation of the Company inapplicable to the party making the advance, which amounts, together with interest thereon from the date thereof at the rate stated in Section 5.2, the Company agrees to paysuch tax year.