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buildings from time to time constituting the ~ Center, and/or the land thereunder, shall be that portion
<br />which the number of square feet of Floor Area in the Premises bears to the total number of square
<br />buildings from time to time constituting the ~ Center or any other fair and equitable manner as by
<br />Landlord. To the extent that taxes are the obligation of Tenant pursuant to Article VII, the same shall not ',ludable in
<br />Tenant's proportionate share pursuant to this Section 5.1. The taxes payable by Tenant pursuant to (b)
<br />which are levied or assessed for the fiscal tax year in which the Term commences and for the fiscal' year in which the
<br />term of this Lease ends shall be prorated. Landlord may elect to exclude specific buildings, / assessed, form the
<br />above calculations.
<br />
<br /> (c) Substitute Taxes. Should the United States of America, State of California political subdivision thereof
<br />or any governmental authority having jurisdiction (by way of substitution for all part of the "taxes" otherwise
<br />required to be paid in whole or in part by Tenant pursuant to this Section 5.1 or VII, or in addition thereto) either
<br />(i) impose a capital levy or a tax, assessment and/or surcharge of any kind or upon, against, in connection with or
<br />with respect to the rentals or other charges payable to Landlord b3 tenants in or occupants ofthe,~llllllllll~
<br />Center or on the income of Landlord derived from the ~ Center ~ Center revenues or on Landlord's
<br />ownership of the~l~ Center or any portion thereof or interest' or otherwise, other than on the value of real
<br />and personal property comprising the ~ Center, and/or (ii a tax or surcharge of any kind or nature upon,
<br />against or with respect to the parking areas or the number of spaces in the ~lICenter, then, in any such case,
<br />such tax, assessment and/or surcharge shall be deemed a tax and/or assessment against the buildings
<br />constituting the and Tenant shall pay to its proportionate share thereof pursuant to this Section,
<br />as billed by
<br />
<br /> (d) Contesting Taxes. In the event
<br />against or with respect to the Shopping
<br />that proportion of all costs incurred by
<br />the Premises bears to the total number
<br />~ Center or any other fair and
<br />
<br /> contests any taxes levied or assessed during the term hereof upon,
<br /> portion thereof or interest therein, Tenant agrees to pay to Landlord
<br /> in connection therewith which the number of square feet of Floor Area in
<br />uare feet of Floor Area in the buildings from time to time constituting the
<br /> manner as determined by Landlord.
<br />
<br /> (e) Payment.
<br />Section 5. l in periodic
<br />Tenant prior to
<br />payable by Tenant
<br />been made known
<br />thereof and to
<br />
<br /> have the right to bill Tenant for any amount payable by Tenant to Landlord under this
<br /> in advance, from time to time, but not more often than monthly. Landlord may so bill
<br /> of assessment notices and/or tax statements or bills covering any or all of the taxes
<br />In the event the amount of the taxes described in this Section for any fiscal tax year has not
<br />by the tax collector at the time of billing, Landlord shall have the right to estimate the amount
<br />tg to Tenant upon said estimated amount, and in such event Landlord agrees to adjust such billing
<br />
<br />when the of such taxes is made known to Landlord by the tax collector. The failure of Tenant to pay any tax
<br />or other
<br />case
<br />
<br /> payable directly to the taxing authority or to Landlord under this Section either prior to delinquency (in the
<br /> payable by Tenant directly to the taxing authority) or within ten (10) days after receipt by Tenant form
<br />of a statement therefor (in all other cases) shall carry with it the same consequences as Tenant's failure to pay rent
<br />
<br />ARTICLE VI. CONDUCT OF BUSINESS BY TENANT
<br />
<br /> SECTION 6.1 USE OF PREMISES
<br /> (a) Permitted Uses of Premises. Tenant shall continuously use and occupy the Premises during the Term, which
<br />use and occupancy shall be solely for the purposes and under the trade name specified in Items I and 2 of the Basic Lease
<br />Provisions, and for no other purposes and under no other name whatsoever without the prior written consent of Landlord.
<br />Tenant, at Tenant's expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations
<br />and requirements of all governmental authorities having jurisdiction, affecting or applicable to the Premises or the
<br />cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order, rule, regulation or
<br />requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary, or shall necessitate structural changes of
<br />improvements or interfere with the use and enjoyment of the Premises. If any governmental license or permit shall be
<br />required for the proper and lawful conduct of Tenant's business or other activity carried on in the Premises, then Tenant, at
<br />its sole expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by
<br />Landlord.
<br />
<br /> (b) Restrictions on Use. Tenant shall not do or permit anything to be done in or about the Premises, nor bring
<br />anything therein, which will in any way conflict with any such law, ordinance, order, rule, regulation or requirement
<br />affecting the occupancy or use of the Premises or the ~ Center which is or may hereafter be enacted or
<br />promulgated by governmental authorities, or in any way obstruct or interfere with the rights of others, nor shall Tenant use
<br />or allow the Premises to be used for any improper, immoral or objectionable purposes. No auction, liquidation, going out
<br />of business, fire or bankruptcy sales may be conducted in the Premises without Landlord's prior written consent. Tenant
<br />shall not permit noise or odors in the Premises which are objected to by Landlord or by any tenant or occupant of the
<br />~llll~Center and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such
<br />noise or odor, and failing of which Landlord may deem the same as a material breach of this Lease. Tenant shall not
<br />permit the operation of any coin operated or vending machines or pay telephones on the Premises, other than in the areas
<br />reserved solely for the use of Tenant's employees. Tenant shall not use the areas adjacent to the Premises for business
<br />purposes. Tenant shall not use or permit the use of any portion of the Premises as sleeping quarters, lodging rooms, or for
<br />any unlawful purposes. Tenant shall not install any radio or television or other similar device to the exterior of the
<br />Premises and shall not erect any aerial on the roof or exterior walls of any building within the~lll~Center.
<br />
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