HEREIN).
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
3
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 IN INSTALLMENTS (WHETHER
OR NOT INTEREST SHALL ACCRUE ON THE UNPAID BALANCE OF SUCH IMPOSITION)
("INSTALLMENTS"), TENANT MAY EXERCISE THE OPTION TO PAY THE SAME IN SUCH
INSTALLMENTS AND SHALL BE RESPONSIBLE FOR THE PAYMENT OF SUCH INSTALLMENTS ONLY,
PROVIDED THAT ALL SUCH INSTALLMENT PAYMENTS RELATING TO PERIODS PRIOR TO THE
EXPIRATION OF THE TERM ARE REQUIRED TO BE MADE PRIOR TO THE EXPIRATION DATE OR
EARLY TERMINATION OF THIS LEASE. NOTWITHSTANDING ANYTHING CONTAINED IN THIS
SECTION 3.01 TO THE CONTRARY, (I) "IMPOSITIONS" SHALL INCLUDE ALL REAL PROPERTY
TAXES AND ASSESSMENTS WHICH WERE ASSESSED, LEVIED OR IMPOSED OR WHICH ACCRUED
PRIOR TO THE TERM IF PAYABLE DURING