IT SHALL NOT TAKE ANY
ACTION TO TERMINATE, RESCIND OR AVOID THIS LEASE NOTWITHSTANDING (A) THE
EXERCISE OF ANY REMEDY, INCLUDING FORECLOSURE, UNDER ANY MORTGAGE (AS DEFINED IN
SECTION 17.01 BELOW), (B) ANY ACTION WITH RESPECT TO THIS LEASE (INCLUDING THE
DISAFFIRMANCE HEREOF) WHICH MAY BE TAKEN BY LANDLORD UNDER THE FEDERAL
BANKRUPTCY CODE OR OTHERWISE, (C) A CONDEMNATION OF THE PREMISES OR ANY PORTION
THEREOF (EXCEPT AS EXPRESSLY PROVIDED HEREIN), (D) THE PROHIBITION OR
RESTRICTION OF TENANT'S USE OF THE PREMISES UNDER ANY LAWS (AS DEFINED IN
SECTION 4.02 BELOW), OR (E) A CASUALTY EVENT AFFECTING THE PREMISES OR ANY
PORTION THEREOF (EXCEPT AS EXPRESSLY PROVIDED HEREIN).
3
ARTICLE 3.
IMPOSITIONS
3.01
TENANT TO PAY IMPOSITIONS. TENANT SHALL PAY OR CAUSE TO BE PAID,
DIRECTLY TO THE APPLICABLE TAXING AUTHORITY (EXCEPT AS OTHERWISE EXPRESSLY SET
FORTH IN SECTION 30.01 HEREOF) IN A TIMELY MANNER AND AS HEREINAFTER PROVIDED,
ALL OF THE FOLLOWING ITEMS, IF ANY, TO THE EXTENT THAT SUCH ITEMS ARISE OUT OF
THE USE, OWNERSHIP OR OPERATION OF EACH PROPERTY LOCATION THAT ACCRUE DURING THE
TERM (EACH, AN "IMPOSITION" AND COLLECTIVELY, THE "IMPOSITIONS"): (A) REAL
PROPERTY TAXES AND ASSESSMENTS; (B) TAXES ON PERSONAL PROPERTY, TRADE FIXTURES
AND IMPROVEMENTS LOCATED ON OR RELATING TO THE PREMISES, WHETHER BELONGING TO
LANDLORD OR TENANT; (C) OCCUPANCY AND RENT TAXES; (D) LEVIES; (E) GROSS
RECEIPTS, EXCISE OR SIMILAR TAXES (I.E., TAXES CUSTOMARILY BASED UPON GROSS
INCOME OR RECEIPTS WHICH FAIL TO TAKE INTO ACCOUNT DEDUCTIONS RELATING TO ANY
PROPERTY LOCATION) IMPOSED OR LEVIED UPON, ASSESSED AGAINST OR MEASURED BY BASE
RENT OR OTHER RENT PAYABLE HEREUNDER, BUT ONLY TO THE EXTENT THAT SUCH TAXES
WOULD BE PAYABLE IF SUCH PROPERTY LOCATION (TOGETHER WITH ANY OTHER PROPERTY
LOCATIONS OWNED BY LANDLORD AND SUBJECT TO THIS LEASE) WERE THE ONLY PROPERTIES
OF LANDLORD; (F) ALL EXCISE, FRANCHISE, PRIVILEGE, LICENSE, SALES, VALUE ADDED,
USE AND SIMILAR TAXES IMPOSED UPON THE RENT OR OTHER MONIES OWED HEREUNDER, OR
UPON THE LEASEHOLD ESTATE OF EITHER PARTY (OTHER THAN, TRANSFERS, SALES OR
SIMILAR TAXES IMPOSED IN CONNECTION WITH A DIRECT OR INDIRECT TRANSFER OF
LANDLORD'S LEASEHOLD ESTATE); (G) PAYMENTS IN LIEU OF EACH OF THE FOREGOING,
WHETHER OR NOT EXPRESSLY SO DESIGNATED; (H) FINES, PENALTIES AND OTHER SIMILAR
OR LIKE GOVERNMENTAL CHARGES APPLICABLE TO ANY OF THE FOREGOING AND ANY INTEREST
OR COSTS WITH RESPECT THERETO SOLELY ATTRIBUTABLE TO THE ACTS OF TENANT; AND
(I) ANY AND ALL OTHER FEDERAL, STATE, COUNTY AND MUNICIPAL GOVERNMENTAL AND
QUASI-GOVERNMENTAL LEVIES, ASSESSMENTS OR TAXES AND CHARGES, GENERAL AND
SPECIAL, ORDINARY AND EXTRAORDINARY, FORESEEN AND UNFORESEEN, OF EVERY KIND AND
NATURE WHATSOEVER, AND ANY INTEREST OR COSTS WITH RESPECT THERETO, WHICH ARE DUE
AND PAYABLE OR ACCRUE AT ANY TIME DURING THE TERM. EACH SUCH IMPOSITION, OR
INSTALLMENT THEREOF, DURING THE TERM SHALL BE PAID BEFORE THE LAST DAY THE SAME
MAY BE PAID WITHOUT FINE, PENALTY, INTEREST OR ADDITIONAL COST; PROVIDED,
HOWEVER, THAT IF, IN ACCORDANCE WITH LAWS, ANY IMPOSITION MAY, AT THE OPTION OF
THE TAXPAYER, BE PAID