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<br />from Lessee, except as provided in Paragraph 8.6.
<br />9.5 Damage Near End of Term. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month's Base
<br />Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written
<br />termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable
<br />option to extend this Lease orto purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage
<br />in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (1) the date which is 10 days after Lessee's receipt of
<br />Lessor's written notice purporting to terminate this Lease, or (IT) the day prior to the date upon which such option expires. If Lessee duly exercises such option during
<br />such period and provides Lessorwith funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, -at Lessor's commercially
<br />reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and
<br />provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option sh Mbe
<br />extinguished.
<br />9.6 Abatement of Rent; Lessee's Remedies.
<br />(a) Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Conditi on for whit essee isn
<br />responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage sha a abated in
<br />proportion to the degree to which Lessee's use of the Premises is impaired, but not to exceed the proceeds received from the Rental Value in ante II other
<br />obligations of Lessee hereunder shall he performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, r or restoration
<br />except as provided herein.
<br />(b) Remedies. If Lessor is obligated to repair or restore the Premises and does not commence, in a substantial and meani fu uch pair or
<br />restoration within 90 days after such obligation shall accrue, Lessee may, at any time prior to the commencement of such repair or recto ti , give ritten notice to
<br />Lessor and to any Lenders of which Lessee has actual notice, of Lessee's election to terminate this Lease on a date not less t 60 ys f awing the giving of such
<br />notice. If Lessee gives such notice and such repair or restoration is not commenced within 30 days thereafter, this Leases II termin to as f the date specified in said
<br />notice. Ifthe repair or restoration iscommenced withinsuch 30days,this Leaseshall continue infull forceand effect."Co enc ILpt an eitherthe
<br />unconditional authorization ofthe preparation ofthe required plans, orthe beginning ofthe actual work on the Pr In ver firs[ occurs.
<br />9.7 Termination; Advance Payments. Upon termination ofthis Lease pursuant to Paragraph 6.2(gj or Par raph 9, a qui le adjustment shall be made
<br />concerning advance Base Rent and any other advance payments made by Lessee to Lessor. Lessor shall, in addieturn to ssee so much of Lessee's Security
<br />Deposit as has not been, or is not then required to be, used by Lessor. ��K
<br />10. Real Property Taxes.
<br />10.1 Definition. As used herein, the term "Real Property Taxes" shall include any form of as essment; real estate, general, special, ordinary or extraordinary, or
<br />rental levy ortax (otherthan inheritance, personal income orestate taxes); improvement bond- -"or license fee imposed upon or levied against any legal or
<br />equitable interest of Lessor in the Premises orthe Project, Lessor's right to other income th m, and/or Lessor's business of leasing, by any authority having the
<br />direct or indirect power to tax and where the funds are generated with reference to the 3i ing ress. Real Property Taxes shall also include any tax, fee, levy,
<br />assessmentor charge, or any increase therein:(1) imposed by reason of eventsoccurri Gf during the mofthis Lease, including but notlimited to,a change in the
<br />ownership of the Premises, and (ii) levied or assessed on machinery or equipment vided y Lessor t essee pursuant to this Lease.
<br />10.2 Payment of Taxes. In addition to Base Rent, Lessee shall pay to Lessor a mo equal to the Real Property Tax installment due at least 20 days prior to
<br />the applicable delinquency date. If any such installment shall cover anyperiod of time for to or after the expiration ortermination of this Lease, Lessee's share of
<br />such installment shall be prorated. In the event Lessee incurs a late charge Rent p en[, Lessor mayestimate the current Real Property Taxes, and require
<br />that such taxes be paid in advance to Lessor by Lessee monthly in advance w the yay�en of the Base Rent. Such monthly payments shall bean amount equal to
<br />the amount ofthe estimated installment of taxes divided by the nu of m t remaining before the month in which said installment becomes delinquent. When
<br />the actual amount of the applicable tax bill is known, the amoun such qual onthly advance payments shall be adjusted as required to provide the funds needed
<br />to pay the applicable taxes. If the amount collected by Lessor i sufficie top such Real Property Taxes when due, Lessee shall pay Lessor, upon demand, such
<br />additional sum as is necessary. Advance payments may be interm le I er moneys of Lessor and shall not bear interest. In the event of a Breach by Lessee in
<br />the performance of its obligations under this Lease, the y s a nce payments may be treated by Lessor as an additional Security Deposit.
<br />10.3 Joint Assessment. If the Premises are no parately a sse Lessee's liability shall bean equitable proportion of the Real Property Taxes for all of the
<br />land and improvements included within the tax parc e sessed, suc proportion to be conclusively determined by Lessor from the respective valuations assigned in
<br />the assessor's worksheets orsuch other information as be re onably available.
<br />10.4 Personal Property Taxes. Lessee shall pay, prior d quency, all taxes assessed against and levied upon Lessee Owned Alterations, Utility Installations,
<br />Trade Fixtures, furnishings, equipment and all personal prope of Lessee. When possible, Lessee shall cause its Lessee Owned Alterations and Utility Installations,
<br />Trade Fixtures, furnishings, equipmen nd all other personal property to be assessed and billed separatelyfrom the real property of Lessor. If any of Lessee's said
<br />propertyshall be assessed with Le r'S real property, Lessee shall pay Lessorthe taxes attributable to Lessee's property within 10days after receipt of a written
<br />statement setting forth the taxe pp ble to Lessee's property.
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<br />11. Utilities and Servlces,�essee shall p for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises,
<br />together with any taxes�ereon. any such rvices are not separately metered or billed to Lessee, Lessee shall pay a reasonable proportion, to be determined by
<br />Lessor, of all charges join m red or billed. There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy,
<br />stoppage, interru lion ordi ntinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repairor other cause beyond Lessor's
<br />reasonable contr Lriqcoope 'on with governmental request or directions.
<br />Within fifteen days f sor's Xritten request, Lesseeagrees to deliver to Lessorsuch information, documents and/or authorization as Lessor needs in order for
<br />Lessor tom wR new or existing Applicable Requirements relatingto commercial building energy usage, ratings, and/orthe reporting thereof.
<br />INITIALS INITIALS
<br />© 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM
<br />STN-27.30, Revised 11-25-2019 65 B- /J 3 Page 8 of 16
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