IN THE LEASED PROPERTY, (B) THE LEASED PROPERTY OR ANY PART THEREOF OR
ANY RENT THEREFROM OR ANY ESTATE, RIGHT, TITLE OR INTEREST THEREIN, OR (C) ANY
OCCUPANCY, OPERATION, USE OR POSSESSION OF, OR SALES FROM, OR ACTIVITY CONDUCTED
ON, OR IN CONNECTION WITH THE LEASED PROPERTY OR THE LEASING OR USE OF THE
LEASED PROPERTY OR ANY PART THEREOF BY TENANT; PROVIDED, HOWEVER, THAT NOTHING
CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE TENANT TO PAY AND THE TERM
"IMPOSITIONS" SHALL NOT INCLUDE (I) ANY TAX BASED ON NET INCOME IMPOSED ON
LANDLORD, (II) ANY NET REVENUE TAX OF LANDLORD, (III) ANY TRANSFER FEE (BUT
EXCLUDING ANY MORTGAGE OR SIMILAR TAX PAYABLE IN CONNECTION WITH A FACILITY
MORTGAGE) OR OTHER TAX IMPOSED WITH RESPECT TO THE SALE, EXCHANGE OR OTHER
DISPOSITION
10
BY LANDLORD OF THE LEASED PROPERTY OR THE PROCEEDS THEREOF, (IV) ANY SINGLE
BUSINESS, GROSS RECEIPTS TAX, TRANSACTION PRIVILEGE, RENT OR SIMILAR TAXES AS
THE SAME RELATE TO OR ARE IMPOSED UPON LANDLORD, (V) ANY INTEREST OR PENALTIES
IMPOSED ON LANDLORD AS A RESULT OF THE FAILURE OF LANDLORD TO FILE ANY RETURN OR
REPORT TIMELY AND IN THE FORM PRESCRIBED BY LAW OR TO PAY ANY TAX OR IMPOSITION,
EXCEPT TO THE EXTENT SUCH FAILURE IS A RESULT OF A BREACH BY TENANT OF ITS
OBLIGATIONS PURSUANT TO SECTION 3.1.3, (VI) ANY IMPOSITIONS IMPOSED ON LANDLORD
THAT ARE A RESULT OF LANDLORD NOT BEING CONSIDERED A "UNITED STATES PERSON" AS
DEFINED IN SECTION 7701(A)(30) OF THE CODE, (VII) ANY IMPOSITIONS THAT ARE
ENACTED OR ADOPTED BY THEIR EXPRESS TERMS AS A SUBSTITUTE FOR ANY TAX THAT WOULD
NOT HAVE BEEN PAYABLE BY TENANT PURSUANT TO THE TERMS OF THIS AGREEMENT OR
(VIII) ANY IMPOSITIONS IMPOSED AS A RESULT OF A BREACH OF COVENANT OR
REPRESENTATION BY LANDLORD IN ANY AGREEMENT GOVERNING LANDLORD'S CONDUCT OR
OPERATION OR AS A RESULT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD.
1.48
"INCIDENTAL DOCUMENTS"
SHALL MEAN, COLLECTIVELY, ANY GUARANTY, ANY
SECURITY AGREEMENT AND ANY PLEDGE AGREEMENT.
1.49
"INDEBTEDNESS"
SHALL MEAN ALL OBLIGATIONS, CONTINGENT OR OTHERWISE,
WHICH IN ACCORDANCE WITH GAAP SHOULD BE REFLECTED ON THE OBLIGOR'S BALANCE SHEET
AS LIABILITIES.
1.50
"INSURANCE REQUIREMENTS"
SHALL MEAN ALL TERMS OF ANY INSURANCE
POLICY REQUIRED BY THIS AGREEMENT AND ALL REQUIREMENTS OF THE ISSUER OF ANY SUCH
POLICY AND ALL ORDERS, RULES AND REGULATIONS AND ANY OTHER REQUIREMENTS OF THE
NATIONAL BOARD OF FIRE UNDERWRITERS (OR ANY OTHER BODY EXERCISING SIMILAR
FUNCTIONS) BINDING UPON LANDLORD, TENANT, ANY MANAGER OR THE LEASED PROPERTY.
1.51
"INTEREST RATE"
SHALL MEAN, WITH RESPECT TO EACH PROPERTY, THE PER
ANNUM INTEREST RATE SPECIFIED AS THE INTEREST RATE WITH RESPECT TO SUCH PROPERTY
ON SCHEDULE 1 ATTACHED HERETO AND MADE A PART HEREOF.
1.52
"LAND"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION 2.1(A).
1.53
"LANDLORD"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN THE PREAMBLES
TO THIS AGREEMENT AND SHALL ALSO INCLUDE THEIR RESPECTIVE PERMITTED SUCCESSORS
AND ASSIGNS.
1.54
"LANDLORD DEFAULT"
SHALL HAVE THE MEANING GIVEN SUCH