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option expires. If Lessee duly exercises such option during such period and provides Lessor with Rinds (or adequate assurance thereof)
<br />to cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as
<br />reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds
<br />or assurance during such period, or if the damage is not an Insured Loss, then this Lease shall terminate on the date specified in the
<br />termination notice and Lessee's option shall be extinguished.
<br />9.6 Damage to Shopping Center. In the event of any damage or destruction to other portions of the Building or to any
<br />other buildings in the Shopping Center, whether insured or uninsured (and whether or not there is also damage or destruction to
<br />the Premises), which cannot reasonably be repaired in 12 months or less from the date of the damage or destruction, Lessor may
<br />either (i) repair such damage or destruction as soon as reasonably possible without expense to Lessee, in which event this Lease shall
<br />continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 90 days after receipt by Lessor
<br />of knowledge of the occurrence of such damage or destruction. Such termination shall be effective 60 days following the date of such
<br />notice.
<br />9.7 Abatement of Rent; Lessee's Remedies.
<br />(a) Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous
<br />Substance Condition for which Lessee is not responsible under this Lease, the Base Rent 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 of the Premises
<br />is impaired, but not to exceed the proceeds actually received by Lessor from the Rental Value Insurance. All other obligations of
<br />Lessee hereunder shall be performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation,
<br />repair or restoration except as provided herein.
<br />(b) Termination; Advance Payments, Upon termination of this Lease pursuant to Paragraph 6,2(g) or
<br />Paragraph 9, an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee
<br />to 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
<br />be, used by Lessor.
<br />10. Real Property Taxes.
<br />10.1 Definition. As used herein, the term "Real Properly Taxes" shall Include any form of assessment; real estate,
<br />general, special, ordinary or extraordinary, or rental levy or tax (other than inheritance, personal income or estate taxes); improvement
<br />bond; and/or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Shopping Center, Lessor's right
<br />to other income therefrom, and /or Lessor's business of leasing, by any authority having the direct or indirect power to tax and where
<br />the funds are generated with reference to the Shopping Center address and where the proceeds so generated are to be applied by the
<br />city, county or other local taxing authority of a jurisdiction within which the Shopping Center is located. The terns "Real Property
<br />Taxes" shall also include any tax, fee, levy, assessment or charge, or any increase therein: (i) imposed by reason of events occurring
<br />during the term of this Lease, including but not limited to, a change in the ownership of the Shopping Center, (ii) a change in the
<br />improvements thereon, and /or (iii) levied or assessed on machinery or equipment provided by Lessor to Lessee pursuant to this Lease.
<br />In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the
<br />calculation of Real Property Taxes for such calendar year based upon the number of days which such calendar year and tax year have
<br />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 included in the. oa-lei-dation 4 GBaiffiev Area Operating Expens
<br />..rPar app 4—.1-.
<br />10.3 Additional Improvements, Notwithstanding Paragraph 10.2 hereof, Lessee shall, however, pay to Lessor at the
<br />time the entirety of any increase in Real Property Taxes if
<br />assessed solely by reason of Alterations, Trade Fixtures or Utility Installations placed upon the Premises by Lessee or at Lessoe's
<br />request, or by reason of any alterations or improvements to the Premises made by Lessor subsequent to the execution of this Lease by
<br />the Parties.
<br />Lsoir�' Assessment. lf'he Building .. «..t„L.....,.esseA Real Property Taxes alL� ^t° to he shall b `
<br />10.4 «6 I - Building — e
<br />a and : evemante it sl���a� ° e
<br />�ax.�,a;:pt A p „�
<br />preport on to be —deter t mad b} Lessor fro tk�r�spestive vaI aa4ions assigned n fl e assessor s werlclsoeta or auektellkei iaf-b-maHex
<br />as- may- be-reasonably ava lab ereo€ rgood faitk slbaeeneh[sive
<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
<br />the 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 of Lessor. If any of Lessee's said
<br />property shall be assessed with Lessor's real properly, Lessee shall pay Lessor the taxes attributable to Lessee's property within 10
<br />days after receipt of a written statement setting forth the taxes applicable to Lessee's property.
<br />[it]
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