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<br />buildings fi'om time to time constituting the Center, and/or the land thereunder, shall be that portion t eof
<br />which the number of square feet of Floor Area in the Premises bears to the total number of square feet of Floor of all
<br />buildings fi'om time to time constituting the - Center or any other fair and equitable manner as det ined by
<br />Landlord, To the extent that taxes are the obligation of Ten ant pursuant to Article VII, the same shall not ncludable in
<br />Tenant's proportionate share pursuant to this Section 5,1. The taxes payable by Tenant pursuant to t . subsection (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, sepa ely assessed, form the
<br />above calculations.
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<br />(c) Substitute Taxes. Should the United States of America, State of California or y political subdivision thereof
<br />or any governmental authority having jurisdiction (by way of substitution for all 0 any part of the "taxes" otherwise
<br />required to be paid in whole or in part by Tenant pursuant to this Section 5.1 or Icle VII, or in addition thereto) either
<br />(i) impose a capital levy or a tax, assessment and/or surcharge of any kind or e upon, against, in connection with or
<br />with respect to the rentals or other charges payable to Landlord by Tenant or her tenants in or occupants of the""
<br />Center or on the income of Landlord derived fi'om the Center 0 on -. . Center revenues or on Landlord's
<br />ownership of the'- Center or any portion thereof or interest rein, or otherwise, other than on the value of real
<br />and personal property comprising the - Center, and/or (ii)' pose a tax or surcharge of any kind or nature upon,
<br />against or with respect to the parking areas or the number of par . g spaces in the. Center, then, in any such case,
<br />such tax, assessment and/or surcharge shall be deemed t constitute a tax and/or assessment against the buildings
<br />constituting the _Center, and Tenant shall pay to dlord its proportionate share thereof pursuant to this Section,
<br />as billed by Lancn¡;¡:¡¡:--
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<br />(d) Contesting Taxes. In the event Lan rd contests any taxes levied or assessed during the term hereof upon,
<br />against or with respect to the Shopping Center r any portion thereof or interest therein, Tenant agrees to pay to Landlord
<br />that proportion of all costs incurred by Lan rd in connection therewith which the number of square feet of Floor Area in
<br />the Premises bears to the total number square feet of Floor Area in the buildings fi'om time to time constituting the
<br />-- Center or any other fair and uitable manner as determined by Landlord.
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<br />(e) Payment. Landlor all have the right to bill Tenant for any amount payable by Tenant to Landlord under this
<br />Section 5, I in periodic insta ents, in advance, fi'om time to time, but not more often than monthly, Landlord may so bill
<br />Tenant prior to Landlor' receipt of assessment notices and/or tax statements or bills covering any or all of the taxes
<br />payable by Tenant her nder In the event the amount of the taxes described in this Section for any fiscal tax year has not
<br />been made known and lord by the tax collector at the time of billing, Landlord shall have the right to estimate the amount
<br />thereof and to b e its billing to Tenant upon said estimated amount, and in such event Landlord agrees to adjust such billing
<br />when the act amount of such taxes is made known to Landlord by the tax collector. The failure of Ten ant to pay any tax
<br />or other ount payable directly to the taxing authority or to Landlord under this Section either prior to delinquency (in the
<br />case 0 xes payable by Tenant directly to the taxing authority) or within ten (10) days after receipt by Tenant form
<br />Lord of a statement therefor (in all other cases) shall carry with it the same consequences as Tenant's failure to pay rent
<br />all b~ d~~~'t'>f tQ 99 adåitiBR81 FEIld.
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<br />ARTICLE VI. CONDUCT OF BUSINESS BY TENANT
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<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,
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<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 tena~t or occupa~t of the
<br />- . Center and, upon written notice from Landlord, Tenant shall immediately cease and desist from causing such
<br />noise o;-¿'dor, and failing of which Landlord may deem the same as a material breach of th~s Lease, Tena~t shall not
<br />permit the operation of any coin operated or vending machines or pay telephones on the Premises, other ~han In the ~reas
<br />reserved solely for the use of Tenant's employees. Tenant shall not use the areas adj~cent to the Prem.lses for busmess
<br />purposes. Tenant shall not use or permit the use of any portion ofthe.P~emises as sleepl~g quart~rs, lodgmg roo~s, or for
<br />any unlawful purposes. Tenant shall not install any radio or televISIon o,r ~ther ~H~lllar device to the exterior of the
<br />Premises and shall not erect any aerial on the roof or exterior walls of any bUlldmg wlthm the Center,
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