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releasing Lessee from any obligation of Lessee contained in this Lease or from any default by Lessee and
<br />without waiving Lessor's right to take such action as may be permissible under this Lease as a result of such
<br />default, may (but shall be under no obligation to):
<br />( a) Pay any Tax payable by Lessee pursuant to the provisions of this Lease; or
<br />( b) Make any other payment or perform any other act on Lessee's part to be made
<br />or performed as provided in this Lease, and may enter the Premises and the Improvements for any such
<br />purpose, and take all such action, as may be necessary.
<br />9.2 All sums so paid by Lessor and all costs and expenses incurred by Lessor, including
<br />reasonable attorney fees, in connection with the performance of any such act, together wtth, if Lessee does
<br />not pay the same within the 30-day period after notice from Lessor, interest from the date of such payment
<br />or incunence by Lessor of such cost and expense until paid, at the annual rate of 18%, shall constitute
<br />Additional Rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand.
<br />Section 10. Compliance with Legat Requirements
<br />10.1 Throughout the Term, Lessee shall promptly comply with all Legal Requirements that
<br />may apply to the Premises or to the use or manner of uses of the Premises or the Improvements or the
<br />owners or users of the Improvements, whether or not the Legal Requirements affect the mterior or exterior
<br />of the Improvements, necessitate structural changes or improvements, or interfere with the use and
<br />enjoyment of the Premises or the Improvements, and whether or not compliance with the Legal
<br />Requirements is required by reason of any condition, event, or circumstance existtng before or after the
<br />Term commences.
<br />10.2 Lessee shall have the right, after prior written notice to Lessor, to contest by appropriate
<br />legal proceedings, diligently conducted in good faith, in the name of Lessee or Lessor or both, without cost
<br />or expense to Lessor, the validity or application of any Legal Requirement subject to the following:
<br />~ ( a) If, by the terms of any Legal Requirement, compliance may legally be delayed
<br />pending the prosecution of any such proceeding without the incunence of any lien, charge, or liability of
<br />any kind agamst all or any part of the Premises or the Improvements and without subjecting Lessee or
<br />Lessor to any liability, civil or criminal, for failure to comply, Lessee may delay compliance until the final
<br />deternunation of such proceeding; or
<br />(b) If any lien, charge, or civil liability would be incurred by reason of any such
<br />delay, Lessee nevertheless may contest the matter and delay compliance, provided that such delay would not
<br />subject Lessor to criminal liability or fine, and Lessee
<br />( c) Furnishes to Lessor security, reasonably satisfactory to Lessor, against any loss or
<br />injury by reason of such contest or delay, and
<br />( d) Prosecutes the contest with due diligence.
<br />10.3 Lessor shall execute and deliver any appropriate papers that may be necessary or proper
<br />-~ to~permit Lessee to contest the validity or application of any Legal Requirement, provided all the
<br />requirements of this section have been satisfied by Lessee and Lessor will incur no cost.
<br />Section 11. Repairs and Maintenance
<br />11.1 Lessee shall maintain, repair, and ceplace the Premises and the Improvements as
<br />necessary to keep them in good order, condition, and repair throughout the entire Term. Lessee's
<br />obligations shall extend to both structural and nonstructural items and to all maintenance, repair, and
<br />replacement work, including but not limited to unforseen and extraordinary items. Lessor shall maintain the
<br />common areas of the development in good order, condition, and repair throughout the entire Term. Lessor
<br />shall be responsible for all aspects of maintaining the pazking area, including but not limited to security
<br />patrols, landscaping, cleaning, snow and ice removal, and lighting.
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