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full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 90 days after receipt by Lessor of knowledge
<br />or the occurrence of such damage or destruction. Such termination shall be effective 60 days following the date of such notice.
<br />9.7 Abatement of Rent; Lessee's Remedies.
<br />(a) Abatement. In the event or Premises Partial Damage or Premises Total Destruction or a Hazardous
<br />Substance Condition for which Lessee is not responsible under this Lease, the Base Rem payable by Lessee for the period required for
<br />the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use or the Premises
<br />is impaired, but not to exceed the proceeds actually received by Lessor from the Rental Value Insurance. All other obligations of Lessee
<br />hereunder shall he performed by Lessee, and Lessor shall have no liability for any such damage. destruction. remediation. repair or
<br />restoration except as provided herein.
<br />(b) Termination; Advance Payments. Upon termination of this Lease pursuant to Paragraph 6.2(2) or
<br />Paragraph 9. an equitable adjusunent shall be made concerning advance Base Rent and any m1wr advance payments made by Lessee to
<br />Lessor. Lessor shall. in addition, return to Lessee so much of Lessee's Security Deposit as has not been. or is not then required to he.
<br />used by Lessor.
<br />to. Real Property Taxes.
<br />10.1 Definition. As used herein, the term "Real Property Taxes' shall include any form orassessment; real estate, general,
<br />special, ordinary or extraordinary, or rental levy or tax (other than inheritance, personal income or estate taxes); improvement bond;
<br />and/or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Shopping Center, Lessor's right to other
<br />income therefrom, and/or Lessor's business of leasing, by any authority having the direct or indirect power to tax and where the funds
<br />are generated with reference to the Shopping Center address and where the proceeds so generated are to be applied by the city, county
<br />or other local taxing authority of ajurisdiction within which the Shopping Center is located. The term "Real Property Taxes" shall
<br />also include any tax, fee, levy, assessment or charge, or any increase therein: (i) imposed by reason of events occurring during the term
<br />of this Lease, including but not limited to, a change in the ownership of the Shopping Center, (ii) a change in the improvements thereon,
<br />and/or (iii) levied or assessed on machinery or equipment provided by Lessor to Lessee pursuant to this Lease. In calculating Real
<br />Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real
<br />Property Taxes for such calendar year based upon the number ordays which such calendar year and lax year have in common.
<br />10.2 Payment of Taxes. Except as otherwise provided in Paragraph 10.3, Lessor shall pay the Real Property Taxes
<br />applicable to the Shopping Center, and -said -payments -shall -be sae/aded-in-the eaWatfua of Common-{trea 8per�ting-£,lpettses-ia
<br />ac-eerdanee with-the-raevisians of paragraph 3 �2:
<br />10.3 Additional Improvements. Notwithstanding Paragraph 10.2 hereof, Lessee shall, however, pay to Lessor at the time
<br />Gem all Area-9peratiag-Fxpea5es-are-payable-oader paragraph -4' ' the entirety of any increase in Real Property Taxes it' assessed
<br />solely by reason of Alterations, Trade Fixtures or Utility Installations the
<br />upon the Premises by Lessee or at Lessee's request, or by
<br />reason of any alterations or improvements to the Premises made by Lessor subsequent to the execution of this Lease by the Parties.
<br />10.4 hinE-AssessnteeE-lflhe-Building-is-nelsepafatelyassessed-seal-Pfaf ftyT-aiiesa imatedto-thel3eildingsil"be
<br />atregoitnblefxeper-tienefthe-ReaFp erty-a'axes-feFaN-oftheland-andi preveimm"ehide"thinthe-tax-panel-assessedrseeh
<br />proportion4eke-determined by4:esseFfrem- the respeei:. oes-verk-sheets- FsaehotbeMnferrnaNea
<br />as -maybe reasamabiy-available—L-esser's-reaseaable-determinntien thereefrin.aeed-faith.-shA be eeneansive:
<br />10.5 Personal Property Taxes. Lessee shall pay prior to delinquency all taxes assessed against and levied upon Lessee
<br />Owned Alterations and Utility Installations, Trade Fixtures, furnishings, equipment and all personal property of Lessee contained in the
<br />Premises. When possible, Lessee shall cause its Lessee Owned Alterations and Utility Installations, Trade Fixtures, furnishings,
<br />equipment and all other personal property to be assessed and billed separately from the real property o1' Lessor. If any of Lessee's said
<br />properly shall be assessed with Lessor's real property, Lessee shall pay Lessor the taxa attributable to Lessee's property within 10 days
<br />after receipt ora written statement setting forth the taxes applicable to Lessee's property.
<br />I1. Utilities and Services. Lessee shall pay for all water, gas, heat, light, power, telephone, Gash dispesal and other utilities and
<br />services supplied to the Premises, together with any taxes thereon. To-the-exte#-axy-saeh�ttiftties-andJar-serviees-areihat-separately
<br />File! eredrL-essee shaN-payLessee',�arelhereef+n-aeeerph 4,4, if
<br />at any time in Lessor's sole judgment, Lessor determines that Lessee is using a disproportionate amount of water, electricity or other
<br />commonly metered utilities, or that Lessee is generating such a large volume of trash as to require an increase in the size of the trash
<br />receptacle and/or an increase in the number of limes per month that it is emptied, then Lessor may increase Lessee's Base Rent by an
<br />amount equal to such increasedcosts. There shall be no abatement or Rent and Lessor shall not be liable in any respect whatsoever for
<br />the inadequacy, stoppage, interruption or discontinuance orally utility or service due to riot, strike, labor dispute, breakdown, accident,
<br />repair or other cause beyond Lessors reasonable control or in cooperation with governmental request or directions.
<br />12. Assignment and Subletting.
<br />12.1 Irssor's Consent Required.
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<br />25E-15
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