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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 />of 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, hr 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 1'or 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 Lessee
<br />hereunder shall be 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(g) or
<br />Paragraph 9, an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee to
<br />Lessor. Lessor shall, in addition, rerun to Lessee so much of Lessees Security Deposit as has not been, or is not then required to be,
<br />used by Lessor.
<br />10, Real Property Taxes.
<br />10.1 Definition, As used herein, the term "Re=d Property Taxes" shall include any form of assessment; 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 a jurisdiction within which the Shopping Center is located. The tern "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 of days which such calendar year and tax year have in common.
<br />10.2 Payment of Taxes. Except as otherwise provided in Paragraph 10.3, Lessor shalt pay the Real Property Taxes
<br />applicable to the Shopping Center, and-saaid-}payments-shall-be4nslude n is a ensea�ht
<br />eeeeedanee-wttlrtho-p.n ,,, ,.b:;,Y,a . .
<br />10.3 Additional Improvements, Notwithstanding Paragraph 10.2 hereof, Lessee shall, however, pay to Lessor at the time
<br />�°�petitt6 €spenses a'e payukle u l' r� •� r the entirety of any increase in Real Property Taxes if assessed
<br />solely by reason of Alterations, Trade Fixtures or Utility Installations placed 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 Joint -Asses t+ L a •t,n.,.. t n ,.peY{.y�{�r...e,« «_ .u,^ n;.:t.i:.... t ..n b
<br />ftn-equ�tabla prepertten-eftTM� nrepert� Ta,�f.,. , t; .,° 1 ��and-and-improvements-insludediuitlrin-the-ta�pareel-a:,sessed,sufth
<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 effuse 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 property, Lessee shall pay Lessor the taxes attributable to Lessee's property within 10 days
<br />after receipt of a written statement setting forth the taxes applicable to Lessee's property.
<br />11. Utilities and Services. Lessee shall pay for all water, gas, heat, light, power, telephone, tri and other utilities and
<br />services supplied to the Premises, together with any taxes thereon. Te-theextem a ^h 1+ , ., Mme net separately
<br />..were to-«7ess..C•`. .ro-oh.".ro .L..,,.o ..: t n r, n wr a ,a•
<br />sftall-pa3`Lessc;�' . thereapit: accc:..n„�-a„rbT�r,,«,,,,,�mg-the-prev#siens-of-Faeagraplr4?; if
<br />at any time in Lessor's sole judgment, Lessor detenmines 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 times per month that it is emptied, then Lessor may increase Lessee's Base Rent by an
<br />amount equal to such increased costs. There shall be no abatement of Rent and Lessor shall not be liable in any respect whatsoever for
<br />the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident,
<br />repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions.
<br />W
<br />25A-15
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