RENT OR BY REASON OF AN EVENT OF DEFAULT;
AND
(IV)
INTEREST AT THE RATE (THE "DEFAULT RATE") OF FIVE PERCENT (5%)
OVER THE PRIME RATE PER ANNUM ON THE FOLLOWING SUMS UNTIL PAID IN FULL: (A) ALL
OVERDUE INSTALLMENTS OF BASIC RENT FROM THE RESPECTIVE DUE DATES THEREOF,
(B) ALL OVERDUE AMOUNTS OF ADDITIONAL RENT RELATING TO OBLIGATIONS WHICH
LANDLORD SHALL HAVE PAID ON BEHALF OF TENANT, FROM THE DATE OF PAYMENT THEREOF
BY LANDLORD, AND (C) ALL OTHER OVERDUE AMOUNTS OF ADDITIONAL RENT, FROM THE DATE
WHEN ANY SUCH AMOUNT BECOMES OVERDUE.
(B)
TENANT SHALL PAY AND DISCHARGE (I) ANY ADDITIONAL RENT REFERRED TO
IN PARAGRAPH 7(A)(I) WHEN THE SAME SHALL BECOME DUE, PROVIDED THAT AMOUNTS WHICH
ARE BILLED TO LANDLORD OR ANY THIRD PARTY, BUT NOT TO TENANT, SHALL BE PAID
WITHIN TEN (10) BUSINESS DAYS AFTER LANDLORD'S DEMAND FOR PAYMENT THEREOF, AND
(II) ANY OTHER ADDITIONAL RENT, WITHIN TEN (10) BUSINESS DAYS AFTER LANDLORD'S
DEMAND FOR PAYMENT THEREOF.
(C)
IN NO EVENT SHALL AMOUNTS PAYABLE UNDER PARAGRAPH 7(A)(II),
(III) AND (IV) OR ELSEWHERE IN THIS LEASE EXCEED THE MAXIMUM AMOUNT PERMITTED BY
APPLICABLE LAW.
8.
Net Lease; Non-Terminability.
(A)
THIS IS A NET LEASE AND ALL MONETARY OBLIGATIONS SHALL BE PAID
WITHOUT NOTICE OR DEMAND (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN TO THE
CONTRARY) AND WITHOUT SET-OFF, COUNTERCLAIM, RECOUPMENT, ABATEMENT, SUSPENSION,
DEFERMENT, DIMINUTION, DEDUCTION, REDUCTION OR DEFENSE (COLLECTIVELY, A
"SET-OFF").
(B)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN TO THE CONTRARY,
THIS LEASE AND THE RIGHTS OF LANDLORD AND THE OBLIGATIONS OF TENANT HEREUNDER
SHALL NOT BE AFFECTED BY ANY EVENT OR FOR ANY REASON OR CAUSE WHATSOEVER
FORESEEN OR UNFORESEEN.
(C)
THE OBLIGATIONS OF TENANT HEREUNDER SHALL BE SEPARATE AND
INDEPENDENT COVENANTS AND AGREEMENTS, ALL MONETARY OBLIGATIONS SHALL CONTINUE TO
BE PAYABLE IN ALL EVENTS (OR, IN LIEU THEREOF, TENANT SHALL PAY AMOUNTS EQUAL
THERETO), AND THE OBLIGATIONS OF TENANT HEREUNDER SHALL CONTINUE UNAFFECTED
UNLESS THE REQUIREMENT TO PAY OR PERFORM THE SAME
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SHALL HAVE BEEN TERMINATED PURSUANT TO AN EXPRESS PROVISION OF THIS LEASE.
THE
OBLIGATION TO PAY RENT OR AMOUNTS EQUAL THERETO SHALL NOT BE AFFECTED BY ANY
COLLECTION OF RENTS BY ANY GOVERNMENTAL BODY PURSUANT TO A TAX LIEN OR
OTHERWISE, EVEN THOUGH SUCH OBLIGATION RESULTS IN A DOUBLE PAYMENT OF RENT.
ALL
RENT PAYABLE BY TENANT HEREUNDER SHALL CONSTITUTE "RENT" FOR ALL PURPOSES
(INCLUDING SECTION 502(B)(6) OF THE FEDERAL BANKRUPTCY CODE).
(D)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL HAVE
NO RIGHT AND HEREBY WAIVES ALL RIGHTS WHICH IT MAY HAVE UNDER ANY LAW (I) TO
QUIT, TERMINATE OR SURRENDER THIS LEASE OR ANY OF THE LEASED PREMISES, OR
(II) TO ANY SET-OFF OF ANY MONETARY OBLIGATIONS.
9.
Payment of Impositions.
(A)
TENANT SHALL, BEFORE INTEREST OR PENALTIES ARE DUE THEREON, PAY
AND DISCHARGE ALL TAXES (INCLUDING REAL AND PERSONAL PROPERTY, FRANCHISE, SALES,
USE, GROSS RECEIPTS AND RENT TAXES AND/OR ALL PAYMENTS IN LIEU THEREOF
("PILOT"), ALL CHARGES FOR ANY EASEMENT OR AGREEMENT MAINTAINED FOR THE BENEFIT
OF ANY