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1 If Landlord elects to impound any of the above costs and expenses, except for bui Iding repair and
<br />2 maintenance expenses asset forth in Section 11, Tenant's estimated share of said costs and expenses shall
<br />3 be payable as Additional RentaIona monthly basis, the impounded costs and expenses are due as Additional
<br />4 Rental on the first (1 at) of the month and are in default if not received by Landlord by the seventh (7th) day of
<br />5 the month. Impound am ounta in default shal I be subject to an add iti on a] ch a rge of five percent (5%) per month
<br />6 on the unpaid balance thereof as a late charge.
<br />7
<br />8 5. R E A L E S T A T E TA X E S A N D R E N TA L TA X. Tenant shall pay as Additional Rental to
<br />9 Landlord annual real estate taxes and assessments levied upon the demised premises, togetherwith a pro
<br />10 rata share of taxes and assessments on the parking and common area of the shopping center.
<br />11
<br />12 In the event the demised premises together with a pro rata share of the parking and common area are
<br />13 not separately assessed, the applicable taxes and assessments shall be determined by the ratio that the
<br />14 gross floorarea of the demised premises, including secondfloors, ifany, bears lo the total floor area, including
<br />15 second floors, if any, of the building or buildings which includes the demised premises and for which a
<br />16 separate assessment is made as such taxes are assessed in that separate tax parcel. In the event such
<br />17 separate assessment does not reflect a pro rata share of the parking and common area based upon the ration
<br />18 of building to parking and common area shown on Exhibit"A", attached hereto and incorporated herein by
<br />19 reference asthough setforth in full, an appropriate adjustment shall be made �o reflect the pro rata share of
<br />20 the taxes paid by Landlord for the use of the demised premises.
<br />21
<br />22 Any Such tax for the year in which this Lease commences or ends shall be apportioned and adjusted.
<br />23 With respect to any assessment which maybe levied against or upon the demised premises and which, under
<br />24 the lawsthen in force, maybeevidenced by improvement or other bonds, payable in annual installments, only
<br />25 the annual payments on said assessment shall be included in computing Tenant's obligation for taxes and
<br />26 assessments.
<br />27
<br />28 The term "real estate taxes" as used herein shall be deemed to mean all taxes imposed upon the real
<br />29 property and permanent improvements constituting the demised premises, and all assessments levied
<br />30 against said premises, but shall not include personal income taxes, personal property taxes, inheritance
<br />31 taxes or franchise taxes levied against Landlord, but not directly against said property, even though such
<br />32 taxes shall become a lien against said property.
<br />33
<br />34 Tenant shall payasadditional Rental to Landlord anyand all excise, privilege and othertaxes, otherthan
<br />35 net income and estate taxes levied or assessed byariyfederal, state or local authority upon the rent received
<br />36 by Landlord hereunder, and Tenantshall bearanybusiness tax imposed upon Landlord byany governmental
<br />37 authority (referred to herein as "rental taxes") which is based or measured in whole or in part by amounts
<br />38 charged or received by Landlord from Tenant under this Lease (referred to herein as "business taxes").
<br />39
<br />40 Said Additional Rental is due ten (10) days afterthe date of mailing (due date) of a statement therefor
<br />41 and is in default if not received by Landlord within ten (10) days of the due date. Additional Rental in default
<br />42 shall be subject to an additional charge often percent (10) per month on the unpaid balance as a late charge.
<br />43 Landlord may estimate the amount of real estate taxes, rental taxes and business taxes orany of them
<br />44 next due and impound as Additional Rental from Tenant on a monthly basis the amount of Tenant's estimated
<br />45 tax obligation as set forth in Section 4C(ii).
<br />46
<br />47 6. P E R S O N A L P R O P E R T Y T A X E S. During the term hereof, Tenant shall pay prior to
<br />48 delinquency al[ taxes assessed against and levied upon fixtures, furnishings, equipment and all other
<br />49 personal property of Tenant contained in the demised premises, and when possible Tenant shall cause said
<br />50 fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the
<br />51 real property of Landlord. In the event any or all of Tenants fixtures, furnishings, equipment and other per-
<br />52 sonal property shall be assessed and taxed with Landlord's real property, Tenant shall pay as Additional
<br />53 Rental to Landlord its share of such taxes. Landlord will estimate the amount of such taxes next due and
<br />54 impound as Additional Rental from Tenant on a monthly basis Tenant's estimated obligation as set forth in
<br />55 Section 40(i)i.
<br />56
<br />57 7. CONSTRUCTION. Landlord agrees that it will, at its sole cost and expense afterthe execution
<br />58 of this lease, commence and pursue to completion the construction of the improvements to be erected by
<br />59 Landlord to the extent shown on Exhibit "B", attached hereto and incorporated herein by referenced as
<br />60 though setforth in full. Except forthe construction of improvements listed in Exhibit"B", attached hereto and
<br />61 incorporated herein by reference as though setforth in full, Tenant shall be solely responsible forthe costs of
<br />62 all the improvements on or in the demised premises, including anyand all permitfees, utility connection fees
<br />63 and charges, license fees, or other fees or charges in connection with the use and improvement of the
<br />64 premises by Tenant and the operation of Tenant's business on or in the demised premises.
<br />65
<br />66 8. PARKING AND COMMON FACILITIES.
<br />67
<br />68 A. Landlord covenants that the common and parking areas of the shopping center of which the
<br />69 demised premises area part shall be available forthe nonexclusive use of Tenant during the full term of this
<br />70 Lease or any extension of the term hereof, provided that the condemnation or other taking by any public
<br />71 authority, orsaleinlieu ofcondemnation,ofanyorallofsuchcommonandparking areasshailnotconstitutea
<br />72 violation of this covenant. Landlord reserves the right to change the entrances, exits, traffic lanes and the
<br />73 boundaries and locations of such parking area or areas. This Lease shall be subordinate to any agreement
<br />74 existing as of the date of this Lease or subsequently placed upon the real property of which the demised
<br />75 premises are a part, which agreement provides for reciprocal easements and restrictions pertaining to the
<br />76 common and parking areas, and in the event of conflict between the provisions of such agreement and this
<br />77 Lease, the provisions of said agreement shall prevail. Provided, however, nothing therein shall cause Tenant
<br />78 to pay greater share of the common area maintenance cost than herein provided, and provided further that
<br />79 there shall at all times be maintained common and parking areas of not less than two (2) square feet of
<br />80 common and parking area for each square foot of g rou nd floor and second floor, if any, building area within the
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