THE DATE OF THIS LEASE, THERE IS NO
MUNICIPAL ABATEMENT AFFECTING TAXES.
(C)
(I)
THE
TERM "BUILDING TAXES" SHALL MEAN THE TAXES ON THE BUILDING AND PLAZA II AND THE
LAND INCLUDING ALL SIDEWALKS, PLAZAS AND STREETS ADJACENT TO SUCH BUILDING, AND
ALL REPLACEMENTS THEREOF, AND CONSTITUTING A PART OF THE SAME TAX LOT OR LOTS.
(II)
THE TERM "EXISTING BUILDING TAXES" SHALL
MEAN THE TAXES ON THE EXISTING BUILDINGS AND THE LAND ON WHICH SUCH BUILDINGS
ARE LOCATED INCLUDING ALL SIDEWALKS, PLAZAS, STREETS AND LAND ADJACENT TO SUCH
BUILDINGS, AND ALL REPLACEMENTS THEREOF, AND CONSTITUTING A PART OF THE SAME TAX
LOT OR LOTS.
8
(D)
THE TERM "COMMON AREA TAXES" SHALL MEAN
(X) ALL TAXES ALLOCABLE TO THE PROPERTY PLUS (Y) ANY REASONABLE APPRAISAL FEES
INCURRED AND PAID BY LANDLORD PURSUANT TO ANY AGREEMENTS AS MAY BE IN EFFECT
FROM TIME TO TIME AFFECTING ALL OR PART OF THE PROPERTY AND RELATING IN WHOLE OR
IN PART TO THE PAYMENT OF COMMON AREA TAXES AND/OR COMMON AREA OPERATING
EXPENSES (AS DEFINED IN SECTION 3.02(A)(C)) (COLLECTIVELY, "RECIPROCAL
AGREEMENTS") OR PURSUANT TO THIS LEASE, EXCLUDING, HOWEVER, THE FOLLOWING ITEMS
OF TAXES:
(I)
ALL TAXES INCLUDED IN EXISTING BUILDING
TAXES AND BUILDING TAXES; PROVIDED, THAT ALL TAXES INCLUDED IN EXISTING BUILDING
TAXES ALLOCATED TO THE PARKING STRUCTURE IN PLAZA IV-A AND PLAZA V (AND AN
EQUITABLE ALLOCATION OF THE LAND UNDER PLAZA IV-A AND PLAZA V) SHALL BE INCLUDED
WITHIN COMMON AREA TAXES, SUCH ALLOCATION TO BE MADE ON THE BASIS SET FORTH IN
THE BALANCE OF THIS PARAGRAPH (D);
(II)
ALL TAXES PAYABLE WITH RESPECT TO ANY
PORTION OF THE PROPERTY THAT IS HEREAFTER CONVEYED TO A THIRD PARTY (OTHER THAN
TO AN ENTITY WHICH CONTROLS, IS UNDER COMMON CONTROL WITH OR UNDER THE CONTROL
OF LANDLORD ("CONTROL" MEANING THE DIRECT OR INDIRECT OWNERSHIP OF 50% OR MORE
OF THE OUTSTANDING VOTING STOCK IN A CORPORATION OR EQUIVALENT OWNERSHIP
INTEREST IN A NON-CORPORATE ENTITY) (A "LANDLORD AFFILIATED ENTITY")), EXCEPT,
HOWEVER, THAT IF ANY PORTION OF THE PROPERTY SO CONVEYED CONSTITUTES A PARKING
STRUCTURE, AND IF LANDLORD BOTH RETAINS THE RIGHT TO USE ALL OR A PORTION OF THE
PARKING SPACES WITHIN SUCH STRUCTURE FOR TENANTS OF THE COMPLEX AND PAYS ALL OR
A PORTION OF THE TAXES ALLOCABLE TO SUCH CONVEYED PARKING STRUCTURE, THEN SUCH
TAXES SO PAYABLE BY LANDLORD WITH RESPECT TO SUCH CONVEYED PARKING STRUCTURE
SHALL BE INCLUDED IN COMMON AREA TAXES;
(III)
ALL TAXES IMPOSED OR ASSESSED AGAINST ANY
BUILDINGS OR STRUCTURES CONSTRUCTED ON ANY PORTION OF THE COMPLEX (OTHER THAN
THE BUILDING, PLAZA II AND THE EXISTING BUILDINGS) AGAINST THE PORTION OF THE
COMPLEX LAND ON WHICH SUCH BUILDINGS OR STRUCTURES ARE LOCATED, AND AGAINST SUCH
AREAS OF THE PROPERTY ADJACENT THERETO WHICH BECOME UNAVAILABLE FOR THE GENERAL
USE OF THE TENANTS OF THE COMPLEX (SUCH EXCLUSION TO BECOME EFFECTIVE FROM AND
AFTER THE TIME, IF ANY, AFTER THE DATE HEREOF, THAT SUCH BUILDINGS OR STRUCTURES
BECOME UNAVAILABLE FOR THE GENERAL USE OF THE TENANTS