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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 errective 60 days following the date of such notice.
<br />9.7 Abatement of Rent; Lessee's Remedies.
<br />-- - (a) —Abatement. In the event of Premises Partial Damage or Prenrses Total Destruction or a Hazardous
<br />Substance Condition For which Lessee is not responsible under this Lease, the Base Rent payable by Lessee I'or the period required for
<br />[lie 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 pursuani to Para-raph 6'(2) or
<br />Paragraph Y. an cquitahla adjustment shall be made concerning advance Bax. Rent and any oth,.r advance payments made by Lessee to
<br />Lessor. Lessor shall, in addition. return to Lessee so much of Lessee's Security Deposit m has riot beenr 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 "Real 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 I'ee 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, (if) 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 I'or 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 shall pay the Real Property Taxes
<br />applicable to the Shopping Center, and, said in the gale-trletieaef Cornmea--Area-9per�tittg-€-!tpeases-+n
<br />aeeordanee-with-the-previsions of Paragraph 4.1
<br />10.3 Additional Improvements. Notwithstanding Paragraph 10.2 hereof, Lessee shall, however, pay to Lessor at the time
<br />C-eraraen-Area ftperatiao-Expeases-are-payable-wider-Pafagraph-4:3, 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 or 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 sment,-J€Ehe--Butldir+�-isnetseparate{y-assessed-Rea�P+opert-)`Ta#es-aNeeated-tethe�uilding-shah-be
<br />en egoi tahl egrapnrtietre€the-Rea4-{�r�peety-T'axes-ter-akl-ekEhe-laad�ad-+raprovemeffts+ac4uded�vi th+n-the-tax-pareel..assessed-such
<br />rywpert-ie i to I e-detefm+aed-by'-LesseFfrenr-the-fespeeti-ve-ualaatiees-assi;aed-tn-the-assessor's weele-sheets-cx'-such-el#tee+nforarat-lea
<br />as-stta ybe-feaseaa$4y'-avaiklv4e—Lessef's-reaseaable-detef a3•iaatioatheree f-r+n-;eed-€a+thrsha4l beeeaeaas+ve:
<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 or 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 of Lessor. If any or 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, trash-dispesa4 and other utilities and
<br />services supplied to the Premises, together with any taxes thereon.Te-the-extent-nay-suets-tit-i4}ties-aodlaf-serv+c-es-ale-rretseparatel-y
<br />meteredrUessee-shah-{gay-Lessee3Sharetheree€+n-ac-eefdaaee-wick-Paragraph--T2-: PFetw+tksEandi+w-the-grEwisiettse€Paragfap414,�; it"
<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 or the trash
<br />receptacle and/or an increase in the number or times per month that it is emptied, then Lessor may increase Lessee's Base Rent by an
<br />amount equal to such increasedcosts. There shall he no abatement or Rent and Lessor shall not be liable in any respect whatsoever for
<br />the inadequacy, stoppage, interruption or discontinuance or 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 />12. Assignment and Subletting.
<br />12.1 Lessor's Consent Required.
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