SECTION 3.16
SURVIVAL.
TENANT'S AND LANDLORD'S OBLIGATIONS AND RIGHTS
UNDER THIS ARTICLE III IN RESPECT OF CHARGES THAT SHALL HAVE ACCRUED PRIOR TO
THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE, INCLUDING TENANT'S
OBLIGATIONS TO MAINTAIN AND MAKE AVAILABLE BOOKS AND RECORDS WITH RESPECT
THERETO, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
SECTION 3.17
EXISTING VIOLATIONS.
FROM AND AFTER THE LEASE ASSIGNMENT
DATE, LANDLORD SHALL PAY OR OTHERWISE REMOVE ALL FINES, PENALTIES AND OTHER
MONETARY CHARGES IMPOSED BY REASON OF THE EXISTING VIOLATIONS (IT BEING
ACKNOWLEDGED THAT, PRIOR TO THE LEASE ASSIGNMENT DATE, 42DP IS OBLIGATED TO
PERFORM THE FOREGOING OBLIGATIONS PURSUANT TO THE INITIAL GROUND LEASE).
43
ARTICLE IV
IMPOSITIONS
SECTION 4.1
IMPOSITIONS.
(A)
PAYMENT.
SUBJECT TO SECTION 4.1(B) AND 4.1(C) HEREOF, TENANT SHALL PAY OR
SHALL CAUSE TO BE PAID, AS AND WHEN THE SAME BECOME DUE, ALL IMPOSITIONS UNDER
THIS LEASE ATTRIBUTABLE TO THE PERIOD FROM AND AFTER THE FIRST DAY OF THE
APPLICABLE FISCAL YEAR AFTER THE LEASE ASSIGNMENT DATE.
(B)
APPORTIONMENTS.
ALL IMPOSITIONS FOR THE FISCAL YEAR OR TAX YEAR IN WHICH
THE FIRST DAY OF THE APPLICABLE FISCAL YEAR AFTER THE LEASE ASSIGNMENT DATE
OCCURS OR THE TERM OF THIS LEASE EXPIRES SHALL BE APPORTIONED; PROVIDED,
HOWEVER, THAT IF THERE SHALL BE A DEFAULT OR EVENT OF DEFAULT HEREUNDER, TENANT
SHALL NOT BE ENTITLED TO RECEIVE ANY CREDIT DUE TO TENANT ON ACCOUNT OF ANY SUCH
APPORTIONMENT UNTIL SUCH DEFAULT OR EVENT OF DEFAULT HAS BEEN CURED.
(C)
INSTALLMENTS.
WHERE ANY IMPOSITION IS PERMITTED BY LEGAL REQUIREMENTS TO
BE PAID IN INSTALLMENTS, TENANT MAY PAY SUCH IMPOSITION IN INSTALLMENTS AS AND
WHEN EACH SUCH INSTALLMENT BECOMES DUE.
SECTION 4.2
PAYMENT.
(A)
OBLIGATION TO PAY.
TENANT SHALL PAY ALL IMPOSITIONS DIRECTLY TO THE
APPROPRIATE GOVERNMENTAL AUTHORITY OR OTHER PERSON ENTITLED TO RECEIVE THE SAME
AND SHALL PAY SUCH IMPOSITIONS BEFORE ANY FINE, PENALTY, INTEREST OR OTHER COST
SHALL BECOME DUE OR BE IMPOSED BY OPERATION OF LAW.
(B)
EVIDENCE OF PAYMENT.
AT LANDLORD'S REQUEST, TENANT SHALL FURNISH
LANDLORD, WITHIN TWENTY-FIVE (25) BUSINESS DAYS AFTER THE DATE WHEN AN
IMPOSITION IS REQUIRED TO BE PAID HEREUNDER, (I) A COPY OF ANY BILL RECEIVED BY
TENANT RELATING TO SUCH IMPOSITION AND (II) COPIES OF CANCELLED CHECKS OR
OFFICIAL RECEIPTS OF THE APPROPRIATE TAXING AUTHORITY OR OTHER PROOF REASONABLY
SATISFACTORY TO LANDLORD EVIDENCING THE PAYMENT THEREOF.
SECTION 4.3
RIGHT TO CONTEST.
(A) TENANT MAY, IF IT SHALL SO DESIRE,
PROTEST OR CONTEST THE VALIDITY OR AMOUNT OF ANY IMPOSITION, IN WHOLE OR IN
PART, WITHOUT PAYING AT THE TIME OF SUCH PROTEST OR CONTEST SUCH IMPOSITION;
PROVIDED, HOWEVER, THAT IF TENANT HAS NOT ELECTED TO PAY SUCH IMPOSITION:
(I)
THE SAME IS DONE BY TENANT UPON PRIOR WRITTEN NOTICE TO LANDLORD, AT
TENANT'S SOLE COST AND EXPENSE AND WITH DUE DILIGENCE AND CONTINUITY SO AS TO
RESOLVE SUCH PROTEST OR CONTEST PROMPTLY;
(II)
NEITHER THE DEMISED PREMISES NOR THE COMMON ELEMENTS, NOR ANY PART
THEREOF IS OR WILL BE IN IMMINENT DANGER OF BEING