TO HAVE WAIVED ITS RIGHT TO THEREAFTER PROVIDE SUCH
STATEMENTS.
(B)
IN ADDITION TO TENANT'S PROPORTIONATE SHARE OF THE REAL ESTATE
TAXES ESCALATION, TENANT SHALL ALSO BE LIABLE FOR ANY PORTION OF THE REAL ESTATE
TAXES (AND NOT SIMPLY ANY INCREASE OVER THE BASE YEAR REAL ESTATE TAXES) IMPOSED
UPON THE PROPERTY DURING THE TERM WHICH IS ATTRIBUTABLE TO IMPROVEMENTS IN THE
PREMISES OR THE PROPERTY CONSTRUCTED BY OR ON BEHALF OF TENANT OR AT TENANT'S
EXPENSE AND FOR WHICH THE TAXING AUTHORITY HAS ASSIGNED AN INCREASE IN VALUATION
IN COMPUTING THE ASSESSED VALUATION OF THE PROPERTY ("EXTRA TAXES").
TENANT
SHALL PAY TO LANDLORD AS ADDITIONAL RENT 100% OF THE AMOUNT OF SUCH EXTRA TAXES
WITHIN TEN (10) DAYS AFTER ISSUANCE OF AN INVOICE THEREFOR OR, AT LANDLORD'S
OPTION, SUCH EXTRA TAXES MAY BE INCLUDED AS A COMPONENT OF THE ESTIMATED TAX
STATEMENT AND ANNUAL TAX STATEMENT, AND PAID PURSUANT TO SECTION 5.2(B) ABOVE.
5.3
TENANT SHALL PAY BEFORE DELINQUENCY, DIRECTLY TO THE APPLICABLE
TAXING AUTHORITY, ANY BUSINESS, RENT OR OTHER TAXES OR FEES THAT ARE NOW OR
HEREAFTER LEVIED, ASSESSED OR IMPOSED UPON TENANT'S USE OR OCCUPANCY OF THE
PREMISES, THE CONDUCT OF TENANT'S BUSINESS AT THE PREMISES, OR TENANT'S
EQUIPMENT, FIXTURES, FURNISHINGS, INVENTORY OR PERSONAL PROPERTY AT THE
PROPERTY. IN THE ALTERNATIVE, IF ANY SUCH TAX OR FEE IS ENACTED OR ALTERED SO
THAT SAME IS LEVIED AGAINST LANDLORD OR SO THAT LANDLORD IS RESPONSIBLE FOR
COLLECTION OR PAYMENT THEREOF, THEN TENANT SHALL PAY THE AMOUNT OF SUCH TAX OR
FEE TO LANDLORD AS ADDITIONAL RENT WITHIN TEN (10) DAYS AFTER ISSUANCE BY
LANDLORD OF AN INVOICE THEREFOR.
5.4
IF THE TERM COMMENCES OR EXPIRES ON A DAY OTHER THAN THE FIRST DAY
OR THE LAST DAY OF A CALENDAR YEAR, RESPECTIVELY, THEN TENANT'S LIABILITIES
PURSUANT TO SECTIONS 5.1 AND 5.2 ABOVE FOR SUCH CALENDAR YEAR SHALL BE
APPORTIONED BY MULTIPLYING THE RESPECTIVE AMOUNT OF TENANT'S PROPORTIONATE SHARE
OF REAL ESTATE TAXES ESCALATION THEREOF FOR THE FULL CALENDAR YEAR BY A
FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF DAYS DURING SUCH CALENDAR YEAR
FALLING WITHIN THE TERM, AND THE DENOMINATOR OF WHICH IS THREE HUNDRED SIXTY
(360).
5.5
LANDLORD RESERVES THE RIGHT TO CHANGE THE ACCOUNTING PERIOD FOR
REAL ESTATE TAXES, OR BOTH, TO EACH CONSECUTIVE TWELVE (12) MONTH PERIOD
COMMENCING ON THE COMMENCEMENT DATE OR SUCH OTHER DATE AS LANDLORD SHALL
DESIGNATE BY NOTICE TO TENANT.
5.6
LANDLORD REPRESENTS THAT THE BUILDING HAS BEEN FULLY ASSESSED AS A
COMPLETED STRUCTURE BY THE APPROPRIATE TAXING AUTHORITY.
F-11
ARTICLE VI
USE OF PREMISES
6.1
(A)
TENANT SHALL USE AND OCCUPY THE PREMISES SOLELY FOR
GENERAL, EXECUTIVE AND ADMINISTRATIVE OFFICES IN A MANNER COMPATIBLE WITH
FIRST-CLASS OFFICE BUILDINGS OF THE TYPE AND QUALITY LOCATED IN THE GEOGRAPHIC
AREA ("PERMITTED USE").
IN ALL EVENTS, THE PERMITTED USE SHALL NOT INCLUDE: (I)
OFFICES OF ANY AGENCY OR BUREAU OF THE UNITED STATES OR ANY STATE OR POLITICAL
SUBDIVISION THEREOF; (II) OFFICES OR AGENCIES OF ANY FOREIGN GOVERNMENT OR
POLITICAL