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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. hi 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 hrsurance. 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 Property 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 term "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 Lessr 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 paymeirs shall b@ iapluded in the ,,..r„ lat,A, 4 G,...,,,,,,, Area Opo ..t:. b r
<br />,,oF tam,�w-.,,.e ..v'th4he-proyis',..,,. of n.........aph 4-.2-.
<br />10.3 Additional Improvements. Notwithstanding Paragraph 10.2 hereof, Lessee shall, however, pay to Lessor at the
<br />time Co.^.:::cn kre : Op@aat _g E*V e ses are payable ra . P,._,.,. h 4.2, the entirely 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 Lessee'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 />10.4 Joint Assmsment. If the Building is ne� separately assessed, Rea4 Pizoperty Taxes alh3eated te the Buildini� shall be
<br />Proportion to be determined bylneSsei: Item tile FeSpCet1V@ assigned in th "s work shentsn ,u'.,otli,,,,vin
<br />as May be reasonably available. InesseA Feaseriable dete
<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 property, 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 />11. Utilities and Services. Lessee shall pay for all water, gas, beat, light, power, telephone, leash -disposal and other utilities and
<br />services supplied to the Premises, together with any taxes thereon. To the @ .eAt an such utilities afl&F- ..,.n .,.o., a - �
<br />metered, Lessee shall pay Lessee's Sliffe thaFeef in aeseei-dissee with Paragraph Q. Netwithstanding the PFOViSiERS of PRFag;Faph-4—.L,
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