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 THE TERM, AND
TENANT SHALL PROMPTLY PAY SUCH ITEMS AS AND WHEN THEY BECOME DUE AND PAYABLE,
AND (II) ANY REAL PROPERTY TAXES AND ASSESSMENTS WHICH ACCRUE DURING THE TERM
BUT BECOME PAYABLE AFTER THE TERM SHALL CONTINUE TO BE TENANT'S OBLIGATION OR
RESPONSIBILITY TO PAY.
3.02
RECEIPT OF PAYMENT. TENANT SHALL FURNISH TO LANDLORD, WITHIN THIRTY
(30) DAYS AFTER EACH IMPOSITION IS DUE, EVIDENCE REASONABLY SATISFACTORY TO
LANDLORD EVIDENCING THE PAYMENT OF AN IMPOSITION. LANDLORD AND TENANT SHALL
NOTIFY THE APPROPRIATE GOVERNMENTAL AUTHORITIES TO DELIVER BILLS OR INVOICES FOR
IMPOSITIONS DIRECTLY TO TENANT. NOTWITHSTANDING ANYTHING IN THIS LEASE TO THE
CONTRARY, IF LANDLORD AND TENANT ARE UNABLE, AFTER HAVING MADE COMMERCIALLY
REASONABLE EFFORTS TO DO SO, TO CAUSE DIRECT BILLING OF IMPOSITIONS TO TENANT'S
ADDRESS, AND LANDLORD FAILS TO PROMPTLY (BUT IN ANY EVENT WITHIN TEN (10)
BUSINESS DAYS AFTER
4
RECEIPT THEREOF), DELIVER TO TENANT ANY BILL OR INVOICE WITH RESPECT TO ANY
IMPOSITIONS THAT LANDLORD MAY RECEIVE AND TENANT'S PAYMENT OF SUCH IMPOSITIONS
WITHIN TWENTY (20) BUSINESS DAYS AFTER RECEIPT OF THE TAX BILL RESULTS IN THE
IMPOSITION OF INTEREST, PENALTIES AND/OR LATE FEES, THEN LANDLORD SHALL BE
RESPONSIBLE FOR SUCH INTEREST, PENALTIES AND/OR LATE FEES.
3.03
EXCLUSIONS.
(A)
EXCEPT AS PROVIDED IN SECTION 3.03(B) HEREINBELOW, NOTHING
CONTAINED IN THIS ARTICLE 3 SHALL REQUIRE TENANT TO PAY FOREIGN, STATE, LOCAL OR
FEDERAL INCOME, INHERITANCE, ESTATE, SUCCESSION, CAPITAL LEVY, CAPITAL STOCK,
STAMP, TRANSFER (EXCEPT TRANSFERS OCCURRING AS A RESULT OF TENANT EXERCISING ITS
RIGHT OF SUBSTITUTION UNDER SECTION 12.05 HEREOF), EXCESS PROFIT, REVENUE, GIFT
OR SIMILAR TAXES OF LANDLORD. FOR THESE PURPOSES, INCOME TAXES SHALL INCLUDE
(I) TAXES, HOWEVER LABELED, DETERMINED BY REFERENCE TO INCOME, AND (II) ANY TAX,
HOWEVER LABELED, IMPOSED ON ONE OR MORE ALTERNATIVE BASES, WHERE ONE OR MORE OF
SUCH ALTERNATIVE BASES IS BASED ON INCOME AND THE TAX IS IN FACT IMPOSED ON THE
INCOME BASE; PROVIDED, HOWEVER, THAT THE MAXIMUM ADDITIONAL AMOUNT OF
IMPOSITIONS WITH RESPECT TO A CALENDAR YEAR THAT TENANT MAY BE RESPONSIBLE FOR
HEREUNDER AS A RESULT OF THE INCLUSION OF "AND THE TAX IS IN FACT IMPOSED ON THE
NET INCOME BASE" MAY NOT EXCEED $50,000. WHERE A TAX MAY BE IMPOSED ON ONE OR
MORE ALTERNATIVE BASES, ONE OR MORE OF WHICH IS BASED ON INCOME, AND IT IS NOT
IN FACT IMPOSED ON THE INCOME BASE, THE TAX