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<br />in installments, Tenant may pay the same in installments before the same respectively become
<br />due and before any fme, penalty or interest may be added thereto for the nonpayment of any such
<br />installment. Any Imposition relating to a calendar year, a part of which is included within the
<br />Term and a part of which is included in a period of time after the termination of this Lease,
<br />whether or not such Imposition shall be assessed, levied, confIrmed, imposed, or become a lien
<br />upon the Premises, or shall become payable, during the Term, shall be adjusted as between
<br />Landlord and Tenant, so that Landlord shall pay that proportion of such Imposition which that
<br />part of such calendar year included in the period of time after the termination of this Lease bears
<br />to such calendar year and Tenant shall pay the remainder thereof. Tenant shall furnish Landlord
<br />with receipts or other evidence of such payments upon request. Notwithstanding the foregoing,
<br />Landlord shall support any application for ad valorem tax exemption filed by Tenant. For the
<br />purpose of this Section, the date of possession is the date a temporary Certificate of Occupancy
<br />or Certificate of Occupancy is issued to the 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 Premises or the Improvements, or any part thereof, to satisfy the same, or to
<br />prevent the appointment of a receiver because of the nonpayment of any such Imposition;
<br />provided that Tenant, before such Imposition shall become delinquent, shall give written notice
<br />to Landlord of the intention of Tenant to contest the same, such notice to specify the amount to
<br />be contested, and, at the time of giving such notice, shall provide Landlord with reasonably
<br />satisfactory evidence that funds are or will be available to pay the unpaid portion of the
<br />Imposition. While such legal proceedings are pending, Landlord shall not have the right to pay,
<br />remove or discharge the Imposition so contested. If Tenant shall fail to continue to contest the
<br />unpaid portion of such Imposition by appropriate legal proceedings that shall operate to prevent
<br />the collection thereof or the sale or forfeiture of the Premises or the Improvements, or any part
<br />thereof, to satisfy the same, or to prevent the appointment of a receiver because of the
<br />nonpayment thereof, Landlord may pay such Imposition, together with accrued penalties, interest
<br />and other charges, provided that Landlord provides Tenant with fifteen (15) days written notice
<br />of its intention to do so and Tenant fails to either provide reasonably satisfactory evidence that
<br />Tenant is pursuing such contest with reasonable diligence or to pay same before the expiration of
<br />said IS-day period. Such payment with interest thereon at a rate which is the lesser of eighteen
<br />percent (18%) per annum or the highest non-usurious rate permitted by applicable law shall be
<br />Additional Rent due from Tenant to Landlord at the next rental payment day following such
<br />payment.
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