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<br />assessments for public improvements or benefits, (all of which taxes, assessments, water rates or
<br />charges, levies, and other governmental charges are hereinafter referred to as "Impositions"), that
<br />are assessed, levied, confirmed, or imposed, or that become a lien upon or become payable in
<br />respect of the Premises or the Improvements during the Term. If by law any such Imposition is
<br />payable, or may at the option of the taxpayer be paid, in installments, Tenant may pay the same
<br />in installments before the same respectively become due and before any fine, penalty or interest
<br />may be added thereto for the nonpayment of any such installment. Any Imposition relating to a
<br />calendar year, a part of which is included within the Term and a part of which is included in a
<br />period of time after the termination of this Lease, whether or not such Imposition shall be
<br />assessed, levied, confirmed, imposed, or become a lien upon the Premises, or shall become
<br />payable, during the Term, shall be adjusted as between Landlord and Tenant, so that Landlord
<br />shall pay that proportion of such Imposition which that part of such calendar year included in the
<br />period of time after the termination of this Lease bears to such calendar year and Tenant shall
<br />pay the remainder thereof. Tenant shall furnish Landlord with receipts or other evidence of such
<br />payments upon request. Notwithstanding the foregoing, Landlord shall support any application
<br />for ad valorem tax exemption filed by Tenant.
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<br />Section 2. Protest of Impositions. Tenant may pay any such Imposition under protest, and if
<br />it shall elect to procure a refund of all or any part of such Imposition so paid, may, at its own
<br />expense, take such action as, it deems appropriate and any such action may be taken, filed,
<br />instituted, and prosecuted in the name of Tenant or Landlord, provided Tenant complies with all
<br />applicable statutory and other legal requirements with respect thereto. In the event that Tenant, as
<br />a result of any such action, shall recover any sums relating to the Premises in the name of
<br />Landlord, such sums shall belong to Tenant. Tenant may also, in Landlord's name, appeal the
<br />assessment of the Premises or the Improvements by appropriate proceedings and in compliance
<br />with all applicable statutory and other legal requirements.
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<br />Section 3. Tax Contest. Tenant shall not be required to pay, discharge, or remove any such
<br />Imposition so long as it shall proceed to contest the validity or amount thereof by appropriate
<br />legal proceedings that shall operate to prevent the collection of the Imposition so contested, or
<br />the sale of the Land or the Improvements, or any part thereof, to satisfy the same, or to prevent
<br />the appointment of a receiver because of the nonpayment of any such Imposition; provided that
<br />Tenant, before such Imposition shall become delinquent, shall give written notice to Landlord of
<br />the intention of Tenant to contest the same, such notice to specify the amount to be contested,
<br />and, at the time of giving such notice, shall provide Landlord with reasonably satisfactory
<br />evidence that funds are or will be available to pay the unpaid portion of the Imposition. While
<br />such legal proceedings are pending, Landlord shall not have the right to pay, remove or
<br />discharge the Imposition so contested. If Tenant shall fail to continue to contest the unpaid
<br />portion of such Imposition by appropriate legal proceedings that shall operate to prevent the
<br />collection thereof or the sale or forfeiture of the Land or the Improvements, or any part thereof,
<br />to satisfy the same, or to prevent the appointment of a receiver because of the nonpayment
<br />thereof, Landlord may pay such Imposition, together with accrued penalties, interest and other
<br />charges, provided that Landlord provides Tenant with fifteen (15) days written notice of its
<br />intention to do so and Tenant fails to either provide reasonably satisfactory evidence that Tenant
<br />is pursuing such contest with reasonable diligence or to pay same before the expiration of said
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