Common use of Additional Charges Clause in Contracts

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”Charge(s)"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within ten days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay the same from monies received from Lessee.

Additional Charges. In addition to the Base Minimum Rent and or Percentage RentRent payable under Section 3.1 of this Lease, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations obligations, and Impositions that Lessee Tenant assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3, Lessee Tenant also will promptly pay and discharge every fine, penalty, interest interest, and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable equitable, and contractual rights, powers powers, and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent or Percentage Rent. If any installment of Base Rent and Minimum Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee then Tenant will pay Lessor on Landlord within 10 days after demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor Landlord shall pay the same from monies received from LesseeTenant.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, including, without limitation, all licensure violations, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent or Percentage Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and the Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions (as defined hereinbelow) that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.34.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 4.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”), ") and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as are available in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofPercentage Rent. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.33.2, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.2 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Percentage Rent. The Lessee’s obligations regarding the payment of Impositions are set out in Section 4.1. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee Lessee, subject to its rights under Article XII, will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, including but not limited to those set forth in Articles IX and XIII, below, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, legal equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within seven (7) Business Days after due date(after taking into account applicable time periods during which Lessee may contest the Additional Charges under Article XII) and Lessor pays any such amount (which Lessor shall have the right, but not the obligation to do), then, in addition to Lessor's other rights and remedies, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) interest on such unpaid Additional Charges computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of Lessee's payment thereof. To the extent that Lessee pays any Additional Charges directly to Lessor (as opposed to the applicable third party payee) pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due due, and within than three (3) Business Days after its receipt, Lessor shall pay same from monies received from Lesseeremit such payment(s) to the entity to which such payment(s) is due .

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee Lessee, subject to its rights under ARTICLE XII, will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, including but not limited to those set forth in ARTICLES IX and XIII, below, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”"ADDITIONAL CHARGES"), and Lessor shall have all legal, legal equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within seven (7) Business Days after due date(after taking into account applicable time periods during which Lessee may contest the Additional Charges under ARTICLE XII) and Lessor pays any such amount (which Lessor shall have the right, but not the obligation to do), then, in addition to Lessor's other rights and remedies, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) interest on such unpaid Additional Charges computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of Lessee's payment thereof. To the extent that Lessee pays any Additional Charges directly to Lessor (as opposed to the applicable third party payee) pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due due, and within than three (3) Business Days after its receipt, Lessor shall pay same from monies received from Lesseeremit such payment(s) to the entity to which such payment(s) is due .

Additional Charges. In addition to the Base Rent, Percentage Rent and Percentage Sundry Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent, Percentage Rent and Percentage Sundry Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent, Percentage Rent and Percentage ------------------ Sundry Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent, Percentage Rent and Percentage Sundry Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.33.5, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.5 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent and Percentage Rent. If Subject to the other terms and conditions of this Lease, if any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In Subject to the rights to contest as set forth in Article 15, in addition to the Base Rent and Percentage the Additional Rent, (aA) the Lessee will also will pay and discharge as and when due and payable all Impositions, all amounts, liabilities and obligations under the Appurtenant Agreements due from or payable by the owner of the Leased Property, all amounts, liabilities and obligations under the Permitted Encumbrances due from or payable by the owner of the Leased Property and all other amounts, liabilities, liabilities and obligations and Impositions that which the Lessee assumes or agrees to pay under this Lease, and (bB) in the event of any failure on the part of the Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, the Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and the Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or the Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofRent. To the extent that the Lessee pays any Additional Charges to the Lessor pursuant to any requirement of this Lease, the Lessee shall be relieved of its obligation to pay such Additional Charges to the entity any other Person to which they such Additional Charges would otherwise be due due, and the Lessor shall be obligated to pay same from monies received from Lesseesuch Additional Charges to any Person to whom such Additional Charges are due promptly and prior to any additional costs or expenses being incurred.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent, including, but not limited to, the right, but not the obligation to pay such Additional Charges on behalf of the Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, (other than Impositions which are Lessor's obligations hereunder) and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base RentRent including, but not limited to, the right to pay such Additional Charges on behalf of Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Minimum Rent and or Percentage RentRent payable under Section 3.1 of this Lease, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations obligations, and Impositions that Lessee Tenant assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.33.4, Lessee Tenant also will promptly pay and discharge every fine, penalty, interest interest, and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.4 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable equitable, and contractual rights, powers powers, and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent or Percentage Rent. If any installment of Base Rent and Minimum Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee then Tenant will pay Lessor on Landlord within 10 days after demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor Landlord shall pay the same from monies received from LesseeTenant.

Additional Charges. In addition to the Base Rent, Percentage Rent and Percentage Sundry Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent, Percentage Rent and Percentage Sundry Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that Impositions, which Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any condominium association dues, assessments or other charges, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the date when due date of such installment to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve-month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 for each additional written notice Lessor gives pursuant to Section 15.1(b) during the next twelve months. To the extent that Lessee pays any Additional Charges to Lessor or the Facility Mortgagee pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor due. Additional Charges shall pay same from monies received from Lesseebe deemed Rent hereunder.

Additional Charges. In addition to the Base Rent and Percentage ------------------ Rent, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees Tenant is required to pay under this Lease, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3, Lessee Tenant also will promptly pay and discharge every fine, penalty, interest interest, expense and cost that may be added for or related to non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent, including, but not limited to, the right, but not the obligation to pay such Additional Changes on behalf of the Tenant and to require reimbursement thereof by Tenant, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee Tenant will pay Lessor Landlord on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor Landlord shall pay same from monies received from LesseeTenant. The payment of any Additional Charges by Landlord shall not relieve Tenant of any of its obligations under this Lease or of its responsibility to pay other such Additional Charges, and such payment shall not be deemed to be a waiver of any of Landlord's rights under this Lease or otherwise.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”"ADDITIONAL CHARGES"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage ------------------ Rent, (a) Lessee also will pay and discharge as and when due and payable the following: (a) all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, ----------- penalty, interest and cost that may be added for non-payment or late payment of such items (the items. The items referred to in clauses (a) and (b) of this Section 3.3 being ----------- shall be additional rent hereunder and being shall be referred to herein collectively as the “"Additional Charges”), and ". Lessor shall have all legal, equitable and ------------------ contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within ten (10) days of demand, as Additional Charges, a late charge (to the extent permitted by law) equal to the greater of (i) interest computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof, or (b) five percent (5%) of such amount. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay the same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any amounts due by Lessor under the Ground Lease and any condominium association dues, assessments or other charges, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment when due to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve-month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 for each additional written notice Lessor gives pursuant to Section 15.1(b) during the next twelve months. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease(other than Impositions which are Lessor's obligations hereunder), and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base RentRent including, but not limited to, the right to pay such Additional Charges on behalf of Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this LeaseLease and all fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penaltypenalties, interest and cost that costs which may be added for non-payment or late payment of any such items (collectively, the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin five Business Days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge (a) with respect to any overdue installment of Minimum Rent, an amount equal to 10% of such installment, and (b) with respect to any Additional Charges, interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment when due to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any Additional Charges pursuant to Section 15.1(b) more than one time within any twelve-month period, Lessee shall pay an administrative fee to Lessor in the amount of $1,000.00 for each additional written notice Lessor gives pursuant to Section 15.1(b) during the next twelve months. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor due. Additional Charges shall pay same from monies received from Lesseeconstitute Rent payable hereunder.

Additional Charges. In addition to the Base Minimum Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, Impositions and obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in arising hereunder. In the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3amounts, liabilities, obligations, and Impositions, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (all of the items foregoing amounts, liabilities, obligations and Impositions referred to in clauses (a) and (b) of this Section 3.3 being shall be deemed to be additional rent payable by Lessee hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable legal and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within fifteen (15) days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. If Lessee fails to timely pay any Additional Charges due to any third party, Lessor may pay such third party and will be reimbursed by Lessee on demand the amount paid by Lessor, plus interest at the Interest Rate from the date of such payment by Lessor until reimbursement by Lessee. To the extent that Lessee timely pays any Additional Charges to Lessor or any Secured Party pursuant to any requirement the requirements of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity third party to which they would otherwise be due and Lessor shall pay the same from monies received from LesseeLessee and any interest or penalties resulting from late payment thereof that is the responsibility of the Lessor shall be borne by the Lessor.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that Impositions, which Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any condominium association dues, assessments or other charges and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten (10) days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment when due to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve-month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 per year for such twelve-month period. To the extent that Lessee pays any Additional Charges to Lessor or the Facility Mortgagee pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor due. Additional charges shall pay same from monies received from Lesseebe deemed Rent hereunder.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”"ADDITIONAL CHARGES"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent, including, but not limited to, the right, but not the obligation to pay such Additional Charges on behalf of Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Minimum Rent and Percentage Rent, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees Impositions, including without limitation all fees and charges due from time to pay time under this Lease, and (b) in the Cypress Permit. In the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3amounts, Lessee liabilities, obligations and Impositions, Tenant also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (all of the items foregoing amounts, liabilities, obligations and Impositions referred to in clauses (a) and (b) of this Section 3.3 being shall be deemed to be additional rent payable by Tenant hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable legal and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Minimum Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee Tenant will pay Lessor on Landlord within fifteen (15) days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. If Tenant fails to timely pay any Additional Charges due to any third party Entity (e.g. payment for fees required to be paid to the Province on account of the Cypress Permit), Landlord may pay such third party Entity and will be reimbursed by Tenant on demand the amount paid by Landlord, plus interest at the Interest Rate from the date of such payment by Landlord until reimbursement by Tenant. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity Entity to which they would otherwise be due and Lessor Landlord shall pay the same from monies received from LesseeTenant and any interest or penalties resulting from late payment thereof that is the responsibility of the Landlord shall be borne by the Landlord.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations obligations, costs and Impositions that expenses which are provided to be paid by Lessee assumes or agrees to pay under this LeaseLease or which are necessary to perform its obligations hereunder and any Management Agreement with respect to the Leased Property, and (b) in the event of any failure on the part of Lessee to timely pay any of those items referred to in clause (a) of this Section 3.33.4, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.4 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this LeaseLease (which charges are not payable to Lessor), Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations, costs and expenses necessary to perform its obligations hereunder and Impositions that Lessee assumes or agrees to pay under this Leasethe Franchise Agreement, and (b) in the event of any failure on the part of Lessee to timely pay any of those items referred to in clause (a) of this Section 3.33.4, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.4 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this LeaseLease (which charges are not payable to Lessor), Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section SECTION 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section SECTION 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional ChargesADDITIONAL CHARGES”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent, including, but not limited to, the right, but not the obligation to pay such Additional Charges on behalf of the Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.33.2, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.2 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Percentage Rent. The Lessee's obligations regarding the payment of Impositions are set out in Section 4.1. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes assumes, is obligated or agrees to pay under this Lease, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due datedate and Lessor pays any such amount (which Lessor shall have the right, but not the obligation, to do), then, in addition to Lessor's other rights and remedies, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) interest on such unpaid Additional Charges computed at the Overdue Rate on the amount of such installment, from the due date of that Lessor pays such installment amount to the date of payment thereofthat Lessor receives reimbursement from Lessee. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating the Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all licensure violations, violations of and defaults under any of the Permitted Exceptions, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor for all such amounts paid by Lessor and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due due. At any time during the Term, Lessor may require Lessee to pay to Lessor or its Facility Lender estimates of Real Estate Taxes and Lessor Insurance Premiums and Lessee shall pay same to Lessor (or directly to a Facility Lender, if requested by Lessor), upon written request from monies received from LesseeLessor, such amounts as and when required by Lessor (or the Facility Lender). All sums paid into escrow or deposits shall not bear interest and may be commingled with Lessor's books, accounts and funds; however, upon an Event of Default under this Lease, the escrowed funds or deposits may be applied by Lessor (or the Facility Lender) to all sums owed by Lessee to Lessor (or to sums owed to Facility Lender).

Additional Charges. In addition to the Base Rent and Percentage Participating Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-non- payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent, Participating Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within ten (10) days of demand, as Additional Charges, a late charge (to the extent not in violation of any usury statutes and otherwise permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee Lessee, subject to its rights under Article XII, will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, including but not limited to those set forth in Articles IX and XIII, below, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges)”), and Lessor shall have all legal, legal equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within five (5) Business Days after due date(after taking into account applicable time periods during which Lessee may contest the Additional Charges under Article XII), Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on in the amount of such installment, from five percent (5%) of the due date amount of such installment to the date of payment thereofunpaid Additional Charges. To the extent that Lessee pays any Additional Charges directly to Lessor (as opposed to the applicable third party payee) pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Construction Period Rent, Base Rent and the Percentage Rent, and except as expressly otherwise provided herein (a) Lessee will also will pay and discharge as and when due and payable all other amountscosts of owning and operating the Facility, liabilitiesall Impositions, obligations all Real Estate Taxes, Insurance Premiums, maintenance and Impositions that Lessee assumes or agrees to pay capital improvements, all violations and defaults under this Leaseany of the Permitted Exceptions, all licensure violations, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor and/or its Affiliates for all such amounts paid by Lessor and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Construction Period Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on within seven (7) days after its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due due. At any time during the Term, Lessor may require Lessee to pay into escrow or make deposits to Lessor (or to a Facility Lender if requested by Lessor) relating to any part of the Impositions, Real Estate Taxes and/or Insurance Premiums and Lessor Lessee shall pay same to Lessor (or directly to a Facility Lender if requested by Lessor), upon written request from monies received from LesseeLessor, such amounts as and when required by Lessor (or the Facility Lender). All sums paid into escrow or deposits shall not bear interest, may be commingled with Lessor's (or Facility Lender's) books and accounts, and may be applied by the Lessor (or the Facility Lender) to all sums owed by Lessee to Lessor (or to sums owed to Facility Lender).

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-non- payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that Impositions, which Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any condominium association dues, assessments or other charges, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment when due to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve-month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 for each additional written notice Lessor gives pursuant to Section 15.1(b) during the next twelve months. To the extent that Lessee pays any Additional Charges to Lessor or the Facility Mortgagee pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor due. Additional Charges shall pay same from monies received from Lesseebe deemed Rent hereunder.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will shall pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating each Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under any of the Permitted Exceptions, and all licensure violations, civil monetary penalties and fines (except to the extent such violations, defaults, penalties or agrees to pay under this Leasefines are caused by the gross negligence or willful misconduct of Lessor), and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor, and/or its Affiliates for all such amounts paid by Lessor, and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease Lease, by statute, or by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within ten (10) days after the applicable due date, Lessee Lessee, in addition to all other obligations hereunder, will pay to Lessor on demand, demand as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, installment from the due date of such installment to the date of payment thereof, and a Late Payment Penalty with respect to such installment. To the extent that Lessee pays any Additional Charges to Lessor pursuant to clause (b) above or pursuant to any other requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and due. If required by Lessor following the occurrence of an Event of Default, then, upon written request to Lessee, Lessee shall make monthly payments to Lessor in such amounts as Lessor shall estimate to be necessary to pay same from monies received from Lesseeany Real Estate Taxes and/or some or all Insurance Premiums. If Lessor exercises this option, it shall include in its written request an invoice in reasonable detail (the “Escrow Invoice”) specifying the amount to be paid on account of Real Estate Taxes and/or Insurance Premiums (the “Monthly Escrow Amount”). Lessee shall pay to Lessor the Monthly Escrow Amount on the first (1st) day of each month after receipt of the initial Escrow Invoice. At any time, with at least five (5) Business Days’ notice prior to the end of any month during the Term, Lessor may deliver to Lessee a substituted, adjusted or amended Escrow Invoice providing for a new Monthly Escrow Amount, and thereafter Lessee shall pay the revised Monthly Escrow Amount on the first (1st) day of each succeeding month (subject to further adjustment as provided for in this sentence). Any sums paid to Lessor pursuant to this Section 3.2 shall bear interest and may not be commingled with Lessor’s books and accounts. Lessor shall use any amounts so paid to pay the relevant Real Estate Taxes and Insurance Premiums, as applicable, in each case prior to delinquency. Lessor shall refund to Lessee at the end of the Term any such remaining amounts collected in excess of the amounts ultimately required to pay the relevant Real Estate Taxes or Insurance Premiums. Nothing in this Section 3.2 limits the provisions of Article XXII.

Additional Charges. In addition to the Base Rent, Percentage Rent ------------------- and Percentage Sundry Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent, Percentage Rent and Percentage Sundry Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rentpayments owed under the Note, (a) Lessee also will Borrower shall pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that Lessee which such Facility Borrower assumes or agrees to pay under this Leasethe Loan Documents, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Real Property, including, without limitation, all costs of owning and operating each Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under any of the Permitted Exceptions, and all licensure violations, civil monetary penalties and fines (except to the extent such violations, defaults, penalties or fines are caused by the gross negligence or willful misconduct of Lender), and (b) in the event of any failure on the part of Lessee Borrower to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee Borrower will also will promptly pay and reimburse Lender and/or its Affiliates for all such amounts paid by Lender and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor Lender shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or the Loan Documents, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base RentScheduled Monthly Payments. If any installment of Base Rent and Percentage Rent Scheduled Monthly Payment or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within ten (10) days after the applicable due date, Lessee will Borrower, in addition to all other obligations hereunder, shall pay Lessor to Lender on demand, demand as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, installment from the due date of such installment to the date of payment thereof, and a Late Payment Penalty with respect to such installment. To the extent that Lessee Borrower pays any Additional Charges to Lessor Lender pursuant to clause (b) above or pursuant to any other requirement of this Leasethe Loan Documents, Lessee Borrower shall be relieved of its obligation to pay such Additional Charges to the entity Person to which they would otherwise be due due. If required by Lender following the occurrence and Lessor continuance of an Event of Default, then, upon written request to Borrower, Borrower shall make monthly payments to Lender in such amounts as Lender shall estimate to be necessary to pay any Real Estate Taxes and/or some or all Insurance Premiums. If Lender exercises this option, it shall include in its written request an invoice in reasonable detail (the “Escrow Invoice”) specifying the amount to be paid on account of Real Estate Taxes and/or Insurance Premiums (the “Monthly Escrow Amount”). Borrower shall pay same from monies received from Lesseeto Lender the Monthly Escrow Amount on the first (1st) day of each month after receipt of the initial Escrow Invoice. At any time, with at least five (5) Business Days’ notice prior to the end of any month during the Term, Lender may deliver to Borrower a substituted, adjusted or amended Escrow Invoice providing for a new Monthly Escrow Amount, and thereafter Borrower shall pay the revised Monthly Escrow Amount on the first (1st) day of the each succeeding month (subject to further adjustment as provided for in this sentence). Any sums paid to Lender pursuant to this Section 3.1 shall bear interest and may not be commingled with Lender’s books and accounts, and upon the occurrence and continuance of an Event of Default hereunder, may be applied by Lender to all sums owed by Borrower or any Affiliate of Borrower to Lender or any Affiliate of Lender relating to the Loan Obligations (provided, that prior to an Event of Default, Lender shall use any amounts so paid to pay the relevant Real Estate Taxes and Insurance Premiums, as applicable, in each case prior to delinquency). Lender shall refund to Borrower at the end of the Loan Term, provided that no Event of Default then exists, any such remaining amounts collected in excess of the amounts ultimately required to pay the relevant Real Estate Taxes or Insurance Premiums. Nothing in this Section 3.1 limits the provisions of Article XIX.

Additional Charges. In Subject to the rights to contest as set forth in Article 15, in addition to the Base Rent and Percentage the Additional Rent, (a) the Lessee will also will pay and discharge as and when due and payable all Impositions, all amounts, liabilities and obligations under the Appurtenant Agreements due from or payable by the owner of the Leased Property, all amounts, liabilities and obligations under the Permitted Encumbrances due from or payable by the owner of the Leased Property and all other amounts, liabilities, liabilities and obligations and Impositions that which the Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of the Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, the Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and the Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or the Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofRent. To the extent that the Lessee pays any Additional Charges to the Lessor pursuant to any requirement of this Lease, the Lessee shall be relieved of its obligation to pay such Additional Charges to the entity any other Person to which they such Additional Charges would otherwise be due due, and the Lessor shall be obligated to pay same from monies received from Lesseesuch Additional Charges to any Person to whom such Additional Charges are due promptly and prior to any additional costs or expenses being incurred.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee Tenant will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee which Tenant assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee Tenant will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) any other sum due from Tenant shall not be paid on its due datereceived by Landlord or Landlord's designee within five business days (5) days after written notice from Landlord that such amount is overdue, Lessee will then Tenant shall pay Lessor on demand, as Additional Charges, to Landlord a late charge equal to five percent (to the extent permitted by law5%) computed at the Overdue Rate on the amount of such installment, from overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the due date costs Landlord will incur by reason of such installment to the date of late payment thereofby Tenant. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due. Any payment of Rent which remains unpaid more than thirty (30) days after it is due and Lessor shall pay same bear interest at the Overdue Rate. Unless a payment period is otherwise specified herein, sums required to be paid by Tenant to Landlord shall be due within thirty (30) days after receipt of written notice from monies received from LesseeLandlord.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that in connection with the Leased Property, which amounts Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any ground lease payments and any condominium or owner's association dues, assessments or other charges, insurance premiums, utilities, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3all fines, Lessee also will promptly pay and discharge every fine, penaltypenalties, interest and cost that costs which may be added for non-payment or late payment of any such items (collectively, the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment when due to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve-month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 for each additional written notice Lessor gives pursuant to Section 15.1(b) during the next twelve months. To the extent that Lessee pays any Additional Charges to Lessor or the Facility Mortgagee pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor shall pay timely pay, or shall cause the Facility Mortgagee to timely pay, any such Additional Charges to the person to whom the same from monies received from Lesseeare due. Additional charges shall be deemed Rent hereunder.

Additional Charges. In addition All costs expenses and charges of every kind and nature relating to the Base Rent demised premises (except the taxes of Lessor referred to herein and Percentage Rentany payments on account of interest of principal under any mortgage or deed of trust which shall be a lien on the fee of the demised premises), (a) which may arise or become due during the initial term or any renewal term of this Lease shall be paid by Lessee, and that Lessor shall be indemnified and saved harmless by Lessee also will from and against the same, except Lessor shall pay all real estate taxes with respect to the demised premises, all condominium fees, electric, water, and discharge other utilities, cleaning and janitorial services and insurance with respect to the demised premises as set forth hereinafter. The rent shall be paid to Lessor without notice or demand and when due without abatement, deduction or set-off, except as otherwise expressly herein provided. All taxes, charges, costs and payable all other amounts, liabilities, obligations and Impositions that Lessee expenses which Xxxxxx assumes or agrees to pay under any provisions of this Lease, Lease together with all interest and (b) penalties that may accrue thereon in the event of any Xxxxxx's failure on the part of Lessee to pay same as herein provided, all other damages, costs and expenses, including without limitation witness fees, attorneys fees, deposition and other legal and court costs which Lessor may suffer or incur, and any of those items referred to in clause (a) and all other sums which may become due, by reason with the agreements, terms, covenants and conditions of this Section 3.3Lease on Xxxxxx's part to be performed, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may shall be added for non-payment or late payment of such items (the items referred deemed to in clauses (a) and (b) of this Section 3.3 being be additional rent hereunder and being referred to herein collectively as in the “Additional Charges”)event of nonpayment, and Lessor shall have all legal, equitable and contractual rights, powers the rights and remedies herein provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as rent. All rental payments delinquent for a period in the case excess of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges ten (but only as 10) days shall be subject to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed charges being assessed at the Overdue Rate on the amount rate of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseetwenty percent (20) per annum.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee Lessee, subject to its rights under Article XII, will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, including but not limited to those set forth in Articles IX and XIII, below, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, legal equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges are not paid within seven (but only as to those 7) days after due (after taking into account applicable time periods during which Lessee may contest the Additional Charges that are payable directly under Article XII) and Lessor pays any such amount (which Lessor shall have the right, but not the obligation to do), then, in addition to Lessor) shall not be paid on its due date’s other rights and remedies, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) interest on such unpaid Additional Charges computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of Lessee’s payment thereof. To the extent that Lessee pays any Additional Charges directly to Lessor (as opposed to the applicable third party payee) pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due due, and within ten (10) business days after its receipt, Lessor shall pay same from monies received from Lesseeremit such payment(s) to the entity to which such payment(s) is due.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions (other than Impositions which are Lessor's obligations hereunder), including payments made by Lessee out of the FF&E Reserve during the Term and funds in the FF&E Reserve and all property purchased with funds from the FF&E Reserve during the Term that Lessee assumes or agrees are paid over to pay under this LeaseLessor upon expiration of the Term, relating to the Leased Property and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base RentRent including, but not limited to, the right to pay such Additional Charges on behalf of Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rentpayable under Section 3.1 of this Agreement, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee Tenant assumes or agrees to pay under this LeaseAgreement, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3, Lessee Tenant also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease Agreement or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee Tenant will pay Lessor on Landlord within 10 days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this LeaseAgreement, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor Landlord shall pay the same from monies received from LesseeTenant.

Additional Charges. In Subject to the rights to contest as set forth in Article 15, in addition to the Base Rent and Percentage Additional Rent, (a) Lessee will also will pay and discharge as and when due and payable all Impositions, all amounts, liabilities and obligations under the Appurtenant Agreements and all other amounts, liabilities, liabilities and obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-non- payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofRent. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity any other Person to which they such Additional Charges would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating the Facility, all taxes, insurance, maintenance and capital improvements, all licensure violations, violations of and defaults under any of the Permitted Exceptions, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor for all such amounts paid by Lessor and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due due. Notwithstanding anything contained herein to the contrary, if any Facility Mortgagee requires Lessor to pay into escrows or make deposits relating to any part of the Additional Charges (including, without limitation, the Impositions), Lessee shall pay to Lessor the amounts required by the Facility Mortgagee, as and when required, and Lessor shall pay same from monies received from Lesseetransfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that Impositions, which Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any condominium association dues, assessments or other charges and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten (10) days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment when due to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve-month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 per year for such twelve-month period. To the extent that Lessee pays any Additional Charges to Lessor or the Facility Mortgagee pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor due. Additional Charges shall pay same from monies received from Lesseebe deemed Rent hereunder.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten (10) days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge equal to five (5%) percent of the overdue installment to cover the expenses associated with such late payment plus interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment when due to the date of payment in fall thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rentthe Oklahoma Ground Lease Rent that Lessee assumes or agrees to pay under this Lease, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees related to pay the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating each Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under this Leaseany of the Permitted Exceptions, and all licensure violations, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor, and/or its Affiliates for all such amounts paid by Lessor, and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease Lease, by statute, or by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within five (5) Business Days after the applicable due date, Lessee Lessee, in addition to all other obligations hereunder, will pay to Lessor on demand, demand as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, installment from the due date of such installment to the date of payment thereof, and a Late Payment Penalty with respect to such installment. To the extent that Lessee pays any Additional Charges to Lessor pursuant to clause (b) above or pursuant to any other requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue. Nothing in this Section 3.2 limits the provisions of Article XXII.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable the following: (a) all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section SECTION 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items. The items referred to in clauses (a) and (b) of this Section SECTION 3.3 being shall be additional rent hereunder and being shall be referred to herein collectively as the “Additional Charges”), and "ADDITIONAL CHARGES". Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within ten (10) days of demand, as Additional Charges, a late charge (to the extent permitted by law) equal to the greater of (i) interest computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.such

Additional Charges. In addition Lessor agrees to furnish to Lessee, at Lessor's sole cost and expense, within thirty (30) days after the date hereof, a current boundary survey of the premises. Other, in all respects, Lessee and Lessor agree that the rent accruing under this Lease shall be net to Lessor and that all costs of platting the premises (as provided in Section 6.1), all costs of development of the premises (as provided in Article XIII), including without limitation obtaining site plan approval, specific use permit, if any, and taxes, costs, common area maintenance fees for the premises, expenses and charges of every kind and nature except as may herein be expressly provided ("additional charges") relating to the Base Rent premises (except the taxes of Lessor referred to in Section 6.3 and Percentage Rentany payments for interest or principal under any mortgage relating to Lessor's interest in the premises) which may arise or become due during the term or any extension of this Lease, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that shall be paid by Lessee. All additional charges which Lessee assumes or agrees to pay under any provisions of this Lease, together with all interest and penalties that may accrue on these additional charges in the event Lessee fails to pay them, as well as all other damages, costs and expenses, including, without limitation, reasonable attorneys' fees and other legal and court costs which Lessor may incur in enforcing this Lease, and (b) in any and all other sums which may become due by reason of Lessee's default or failure to comply with its obligations under this Lease, shall be deemed to be additional charges. In the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”)payment, and Lessor shall have all legal, equitable and contractual rights, powers the rights and remedies as provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseerent.

Additional Charges. In addition to the Base Minimum Rent and Percentage Rent, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee Tenant assumes or agrees to pay under this LeaseAgreement, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3, Lessee Tenant also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional ChargesCharge(s)”), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease Agreement or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Minimum Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee Tenant will pay Lessor on Landlord within ten (10) days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this LeaseAgreement, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor Landlord shall pay the same from monies received from LesseeTenant.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating the Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under any of the Permitted Exceptions, all licensure violations, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor and/or its Affiliates for all such amounts paid by Lessor and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin five (5) Business Days, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and due. If at any time during the Term Lessor requires Lessee to pay into escrow or make deposits to Lessor (or to a Facility Lender, if requested by Lessor) relating to any part of the Additional Charges (including, without limitation, the Impositions, Real Estate Taxes and/or Insurance Premiums), Lessee shall pay same to Lessor (or directly to a Facility Lender, if requested by Lessor), upon written request from monies received from Lessor, amounts adequate to fund Lessee's Additional Charge obligations hereunder when due. All sums paid into escrow or deposits made shall not bear interest and shall not be commingled with Lessor's books, accounts and funds; however, upon a default or an Event of Default under this Lease, the escrowed funds or deposit may be applied by Lessor (or the Facility Lender) to all sums owed by Lessee to Lessor (or to sums owed to Facility Lender).

Additional Charges. In addition to the Base Rent and Percentage Rent, (ab) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (bc) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. The Lessee's obligations regarding the payment of Impositions are set out in Section 4.2. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees Impositions, including without limitation all Ground Lease rent and all fees and charges due from time to pay time under this the Ground Lease, and (b) in . In the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3amounts, Lessee liabilities, obligations and Impositions, Tenant also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (all of the items foregoing amounts, liabilities, obligations and Impositions referred to in clauses (a) and (b) of this Section 3.3 being shall be deemed to be additional rent payable by Tenant hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable legal and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or on Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee Tenant will pay Lessor on Landlord within fifteen (15) days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. If Tenant fails to timely pay any Additional Charges due to any third party Entity (e.g. payment of rent to the lessor under the Ground Lease), Landlord may pay such third party Entity and will be reimbursed by Tenant on demand the amount paid by Landlord, plus interest at the Interest Rate from the date of such payment by Landlord until reimbursement by Tenant. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity Entity to which they would otherwise be due and Lessor Landlord shall promptly pay the same from monies received from LesseeTenant and any interest or penalties resulting from late payment thereof that is the responsibility of the Landlord shall be borne by the Landlord.

Additional Charges. In addition to the Base Rent and the Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions (hereinafter defined) that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.34.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 4.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”), " and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as are available in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofPercentage Rent. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition Subject to the Base Rent and Percentage RentArticle 11 relating to permitted ------------------ contests, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilitiesliabilities and obligations, obligations and Impositions that which Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any condominium association dues, assessments or other charges, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every finefme, penalty, interest and cost that which may be added for non-payment nonpayment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the date when due date of such installment to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 for each additional written notice Lessor gives pursuant to Section 15.1(b) during the next twelve months. To the extent that Lessee pays any Additional Charges to Lessor or the Facility Mortgagee pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor due. Additional Charges shall pay same from monies received from Lesseebe deemed Rent hereunder.

Additional Charges. In addition to the Base Rent and Percentage Participating Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, including, without limitation any fees, charges and assessments required to be paid pursuant to any [condominium](2) association or other like agreement pursuant to which charges or fees may be assessed against the Leased Property, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment nonpayment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent, Participating Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within ten (10) days of demand, as Additional Charges, a late charge (to the extent not in violation of any usury statutes and otherwise permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating each Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under any of the Permitted Exceptions (but excluding any items Lessee is not required to pay under the definition of Impositions) and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor and/or its Affiliates for all such amounts paid by Lessor and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment non‑payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease Lease, by statute, or by statute or otherwise otherwise, in the case of non-payment non‑payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within five (5) Business Days after the applicable due date, Lessee Lessee, in addition to all other obligations hereunder, will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate and a late payment penalty computed at the Late Payment Penalty Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to clause (b) above or pursuant to any other requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and due. Nothing in the foregoing limits the provisions of Article XII. At Lessor's option, during the Term, upon its written request to Lessee, Lessee shall make monthly payments to Lessor (or to a Facility Lender, if requested by Lessor) in such amounts as Lessor shall estimate to be necessary to pay same from monies received from Lesseeany Real Estate Taxes and/or some or all Insurance Premiums. If Lessor exercises this option, it shall include in its written request an invoice in reasonable detail (the "Escrow Invoice") specifying the amount to be paid on account of Real Estate Taxes and/or Insurance Premiums (the "Monthly Escrow Amount"). Lessee shall pay to Lessor the Monthly Escrow Amount on the first (1st) day of each month after receipt of the initial Escrow Invoice. At any time, with at least five (5) Business Days' notice prior to the end of any month during the Term, Lessor may deliver to Lessee a substituted, adjusted or amended Escrow Invoice providing for a new Monthly Escrow Amount, and thereafter Lessee shall pay the revised Monthly Escrow Amount on the first (1st) day of the each succeeding month (subject to further adjustment as provided for in this sentence). Any sums paid to Lessor pursuant to this Section 3.2 shall not bear interest, may be commingled with Lessor's (or Facility Lender's) books and accounts, and upon an Event of Default hereunder, may be applied by Lessor (or Facility Lender) to all sums owed by Lessee or any Affiliate of Lessee to Lessor or any Affiliate of Lessor (or to sums owed to Facility Lender) relating to the acquisition and leasing of the Leased Property (provided, that prior to an Event of Default Lessor shall use any amounts so paid to pay the relevant Real Estate Taxes and Insurance Premiums, as applicable, in each case prior to delinquency). Lessor shall refund to Lessee at the end of the Term, provided that 24 no Event of Default then exists, any such remaining amounts collected in excess of the amounts ultimately required to pay the relevant Real Estate Taxes or Insurance Premiums.

Additional Charges. In addition to the Base Rent and Percentage ------------------ Participating Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, including, without limitation any fees, charges and assessments required to be paid pursuant to any [CONDOMINIUM]/(2)/ association or other like agreement pursuant to which charges or fees may be assessed against the Leased Property, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent, Participating Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within ten (10) days of demand, as Additional Charges, a late charge (to the extent not in violation of any usury statutes and otherwise permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Additional Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amountsamount, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of well as the Base Rent or Additional Rent. If any installment of Base Rent and Percentage Rent, Additional Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating each Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under any of the Permitted Exceptions (but excluding any items Lessee is not required to pay under the definition of Impositions) and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor and/or its Affiliates for all such amounts paid by Lessor and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment non‑payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease Lease, by statute, or by statute or otherwise otherwise, in the case of non-payment non‑payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within five (5) Business Days after the applicable due date, Lessee Lessee, in addition to all other obligations hereunder, will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate and a late payment penalty computed at the Late Payment Penalty Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to clause (b) above or pursuant to any other requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and due. Nothing in the foregoing limits the provisions of Article XII. At Lessor's option, during the Term, upon its written request to Lessee, Lessee shall make monthly payments to Lessor (or to a Facility Lender, if requested by Lessor) in such amounts as Lessor shall estimate to be necessary to pay same from monies received from Lessee.any Real Estate Taxes and/or some or all Insurance Premiums. If Lessor exercises this option, it shall include in its written request an invoice in reasonable detail (the "Escrow Invoice") specifying the amount to be paid on account of Real Estate Taxes and/or Insurance Premiums (the "Monthly Escrow Amount"). Lessee shall pay to Lessor the Monthly Escrow Amount on the first (1st) day of each month after receipt of the initial Escrow Invoice. At any time, with at least five (5) Business Days' notice prior to the end of any month during the Term, Lessor may deliver to Lessee a substituted, adjusted or amended Escrow Invoice providing for a new Monthly Escrow Amount, and thereafter Lessee shall pay the revised Monthly Escrow Amount on the first (1st) day of the each succeeding month (subject to further adjustment as provided for in this sentence). Any sums paid to Lessor pursuant to this Section 3.2 shall not bear interest, may be commingled with Lessor's (or Facility Lender's) books and accounts, and upon an Event of Default hereunder, may be applied by Lessor (or Facility Lender) to all sums owed by Lessee or any Affiliate of Lessee to Lessor or any Affiliate of Lessor (or to sums owed to Facility Lender) relating to the acquisition and leasing of the Leased Property (provided, that prior to an Event of Default Lessor shall use any amounts so paid to pay the relevant Real Estate Taxes and Insurance Premiums, as applicable, in each case prior to 25

Additional Charges. In addition to the Base Rent and Percentage Rent, Tenant shall reimburse Landlord within ten (10) business days following receipt of Landlord’s invoice for Tenant’s Proportionate Share (as defined hereafter in Article 34) of (a) Lessee also will pay any amounts due by Landlord under any assessments, taxes (described in Section 3.1 below), fees, insurance, rental and discharge as parking fees payable under the Ground Lease, property management fees (not to exceed 3.5% of the sum of Minimum Rent and when due Additional Charges payable under all leases within the Building), accounting fees, or other charges related to the ownership and payable leasing of the Premises that accrue during the Term of this Lease and all other amounts, liabilities, obligations expenditures of Landlord under Sections 7.1(a) and Impositions that Lessee assumes or agrees to pay under this Lease7.2, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) above of this Section 3.3which it received all notice required hereunder, Lessee Tenant will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to LessorLandlord) shall not be paid on its due datewithin five (5) business days after the date when due, Lessee Tenant will pay Lessor Landlord on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the date when due date of such installment to Landlord to the date of payment in full thereof. To Notwithstanding the extent foregoing, at any time that Lessee pays any Tenant is managing the Building, the property management fees described above shall be distributed among Landlord and Tenant, with 2.75% of the sum of Minimum Rent and Additional Charges payable under all leases within the Building to Lessor pursuant be paid to any requirement Tenant and 0.75% of this Lease, Lessee shall be relieved the sum of its obligation to pay such Minimum Rent and Additional Charges payable under all leases within the Building to the entity be paid to which they would otherwise be due Landlord. The Minimum Rent, Additional Charges and Lessor shall pay same from monies received from LesseeImpositions are collectively referred to herein as “Rent.”

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Master Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Master Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Master Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee Lessee, subject to its rights under ARTICLE XII, will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, including but not limited to those set forth in ARTICLES IX and XIII, below, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”"ADDITIONAL CHARGES)", and Lessor shall have all legal, legal equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within five (5) Business Days after due date(after taking into account applicable time periods during which Lessee may contest the Additional Charges under ARTICLE XII), Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on in the amount of such installment, from five percent (5%) of the due date amount of such installment to the date of payment thereofunpaid Additional Charges. To the extent that Lessee pays any Additional Charges directly to Lessor (as opposed to the applicable third party payee) pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rent, Tenant shall reimburse Landlord within five (5) business days following receipt of Landlord’s invoice for Tenant’s Proportionate Share (as defined hereafter in Article 34) of (a) Lessee also will pay any amounts due by Landlord under any assessments, taxes (described in Section 3.1 below), fees, insurance, rental and discharge as parking fees payable under the Ground Lease, property management fees (not to exceed 3.5% of the sum of Minimum Rent and when due Additional Charges payable under all leases within the Building), accounting fees, or other charges related to the ownership and payable leasing of the Premises that accrue during the Term of this Lease and all other amounts, liabilities, obligations expenditures of Landlord under Sections 7.1(a) and Impositions that Lessee assumes or agrees to pay under this Lease7.2, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) above of this Section 3.3which it received all notice required hereunder, Lessee Tenant will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to LessorLandlord) shall not be paid on its due datewithin five (5) business days after the date when due, Lessee Tenant will pay Lessor Landlord on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the date when due date of such installment to Landlord to the date of payment in full thereof. To the extent that Lessee pays any The Minimum Rent, Additional Charges and Impositions are collectively referred to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseeherein as “Rent.”

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will shall pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will shall promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items items, and (c) if any installment of Base Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand a late charge (to the maximum extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof (the items referred to in clauses (a), (b) and (bc)) of this Section 3.3 being are additional rent hereunder and being are referred to herein collectively as the “Additional Charges”), and . Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its Lessee’s obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In Subject to the rights to contest as set forth in Article 15, in addition to the Base Rent and Percentage Additional Rent, (a) the Lessee will also will pay and discharge as and when due and payable all Impositions, all amounts, liabilities and obligations under the Appurtenant Agreements due from or payable by the owner of the Leased Property, (including, without limitation, the Service, Maintenance and Easement Payments), all amounts, liabilities and, except as provided in Section 3.3, obligations under the Permitted Encumbrances due from or payable by the owner of the Leased Property and all other amounts, liabilities, liabilities and obligations and Impositions that which the Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of the Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, the Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and the Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or the Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofRent. To the extent that the Lessee pays any Additional Charges to the Lessor pursuant to any requirement of this Lease, the Lessee shall be relieved of its obligation to pay such Additional Charges to the entity any other Person to which they such Additional Charges would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due datedate and Lessor pays any such amount (which Lessor shall have the right, but not the obligation, to do), then, in addition to Lessor's other rights and remedies, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) interest on such unpaid Additional Charges computed at the Overdue Rate on the amount of such installment, from the due date of that Lessor pays such installment amount to the date of payment thereofthat Lessor receives reimbursement from Lessee. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will shall pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating each Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under any of the Permitted Exceptions, and all licensure violations, civil monetary penalties and fines (except to the extent such violations, defaults, penalties or agrees to pay under this Leasefines are caused by the gross negligence or willful misconduct of Lessor), and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor, and/or its Affiliates for all such amounts paid by Lessor, and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease Lease, by statute, or by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within ten (10) days after the applicable due date, Lessee Lessee, in addition to all other obligations hereunder, will pay to Lessor on demand, demand as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, installment from the due date of such installment to the date of payment thereof, and a Late Payment Penalty with respect to such installment. To the extent that Lessee pays any Additional Charges to Lessor pursuant to clause (b) above or pursuant to any other requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and due. If required by Lessor following the occurrence of an Event of Default, then, upon written request to Lessee, Lessee shall make monthly payments to Lessor in such amounts as Lessor shall estimate to be necessary to pay same from monies received from Lesseeany Real Estate Taxes and/or some or all Insurance Premiums. If Lessor exercises this option, it shall include in its written request an invoice in reasonable detail (the “Escrow Invoice”) specifying the amount to be paid on account of Real Estate Taxes and/or Insurance Premiums (the “Monthly Escrow Amount”). Lessee shall pay to Lessor the Monthly Escrow Amount on the first (1st) day of each month after receipt of the initial Escrow Invoice. At any time, with at least five (5) Business Days’ notice prior to the end of any month during the Term, Lessor may deliver to Lessee a substituted, adjusted or amended Escrow Invoice providing for a new Monthly Escrow Amount, and thereafter Lessee shall pay the revised Monthly Escrow Amount on the first (1st) day of the each succeeding month (subject to further adjustment as provided for in this sentence). Any sums paid to Lessor pursuant to this Section 3.2 shall bear interest, may not be commingled with Lessor’s books and accounts, and upon an Event of Default hereunder, may be applied by Lessor to all sums owed by Lessee or any Affiliate of Lessee to Lessor or any Affiliate of Lessor relating to the acquisition and leasing of the Leased Property (provided, that prior to an Event of Default, Lessor shall use any amounts so paid to pay the relevant Real Estate Taxes and Insurance Premiums, as applicable, in each case prior to delinquency). Lessor shall refund to Lessee at the end of the Term, provided that no Event of Default then exists, any such remaining amounts collected in excess of the amounts ultimately required to pay the relevant Real Estate Taxes or Insurance Premiums. Nothing in this Section 3.2 limits the provisions of Article XXII.

Additional Charges. In addition to the Base Rent and Percentage Rent, the Construction Period Rent (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees relating to pay under this Leasethe Leased Property and the Facility, including, without limitation, all licensure violations, civil monetary penalties and fines, all common area expenses and other charges assessed against the Leased Property and/or the Facility pursuant to the REA, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee Tenant also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent, Construction Period Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due date, Lessee Tenant will pay Lessor Landlord on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition Tenant and Landlord agree that the rent accruing under this Lease shall be net to Landlord and that all taxes, costs, promotional fees, common area maintenance fees, expenses and charges of every kind and nature, including attorneys' fees incurred by Landlord in enforcing the provisions of this lease, whether or not any legal proceedings are commenced ("Additional Charges") arising in connection with or relating to the Base Rent and Percentage RentDemised Premises (excluding, however, (a1) Lessee also will pay taxes other than Real Estate Taxes for which Landlord is responsible under Section 3.05(a) and discharge as (2) any payments for interest or principal under any fee mortgage relating to the Demised Premises) which may arise or become due at any time during the Lease Term, shall be paid by Tenant. Tenant hereby indemnifies, defends, protects, and when due saves Landlord wholly harmless from and payable against any and all other amountsAdditional Charges. As used herein, liabilitiesthe term "Additional Rent" shall include, obligations without limitation, all of the following: (1) any and Impositions that Lessee all Additional Charges for which Tenant is responsible hereunder, or which Tenant otherwise assumes or agrees to pay; (2) all interest and penalties that may accrue on such Additional Charges if Tenant fails to pay them timely within any applicable cure periods; (3) all other damages, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal and court costs) which Landlord may suffer or incur in enforcing this Lease; and (4) any and all other sums which may become due by reason of Tenant's default or failure to comply with its obligations under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent, Percentage Rent and Percentage Sundry Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Rent, Percentage Rent, Sundry Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee ------------------ also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.33.2, Lessee ----------- also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.2 being additional rent hereunder ----------- and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Percentage Rent. The Lessee's obligations regarding the payment of Impositions are set out in Section 4.1. If any installment of Base Rent and Percentage Rent or Additional ----------- Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating each Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations of and defaults under any of the Permitted Exceptions (but excluding any items Lessee is not required to pay under the definition of Impositions) and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor and/or its Affiliates for all such amounts paid by Lessor and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, Confidential information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to this omitted information. equitable and contractual rights, powers and remedies provided either in this Lease Lease, by statute, or by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its within five (5) Business Days after the applicable due date, Lessee Lessee, in addition to all other obligations hereunder, will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate and a late payment penalty computed at the Late Payment Penalty Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to clause (b) above or pursuant to any other requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and due. Nothing in the foregoing limits the provisions of Article XII. At Lessor’s option, during the Term, upon its written request to Lessee, Lessee shall make monthly payments to Lessor (or to a Facility Lender, if requested by Lessor) in such amounts as Lessor shall estimate to be necessary to pay same from monies received from Lesseeany Real Estate Taxes and/or some or all Insurance Premiums. If Lessor exercises this option, it shall include in its written request an invoice in reasonable detail (the “Escrow Invoice”) specifying the amount to be paid on account of Real Estate Taxes and/or Insurance Premiums (the “Monthly Escrow Amount”). Lessee shall pay to Lessor the Monthly Escrow Amount on the first (1st) day of each month after receipt of the initial Escrow Invoice. At any time, with at least five (5) Business Days’ notice prior to the end of any month during the Term, Lessor may deliver to Lessee a substituted, adjusted or amended Escrow Invoice providing for a new Monthly Escrow Amount, and thereafter Lessee shall pay the revised Monthly Escrow Amount on the first (1st) day of the each succeeding month (subject to further adjustment as provided for in this sentence). Any sums paid to Lessor pursuant to this Section 3.2 shall not bear interest, may be commingled with Lessor’s (or Facility Lender’s) books and accounts, and upon an Event of Default hereunder, may be applied by Lessor (or Facility Lender) to all sums owed by Lessee or any Affiliate of Lessee to Lessor or any Affiliate of Lessor (or to sums owed to Facility Lender) relating to the acquisition and leasing of the Leased Property (provided, that prior to an Event of Default Lessor shall use any amounts so paid to pay the relevant Real Estate Taxes and Insurance Premiums, as applicable, in each case prior to delinquency). Lessor shall refund to Lessee at the end of the Term, provided that no Event of Default then exists, any such remaining amounts collected in excess of the amounts ultimately required to pay the relevant Real Estate Taxes or Insurance Premiums.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Leased Property, including, without limitation, all costs of owning and operating the Facility, all Real Estate Taxes, Insurance Premiums, maintenance and capital improvements, all violations and defaults under any of the Permitted Exceptions, all licensure violations, all violations of and defaults under any of the Permitted Exceptions, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and reimburse Lessor and/or its Affiliates for all such amounts paid by Lessor and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin five (5) Business Days, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and due. If at any time during the Term Lessor requires Lessee to pay into escrow or make deposits to Lessor (or to a Facility Lender, if requested by Lessor) relating to any part of the Additional Charges (including, the Impositions, Real Estate Taxes and/or Insurance Premiums), Lessee shall pay same to Lessor (or directly to a Facility Lender, if requested by Lessor), upon written request from monies received from LesseeLessor, the amounts as and when required by Lessor (or the Facility Lender). All sums paid into escrow or deposits made shall not bear interest and shall not be commingled with Lessor's books, accounts and funds; however, upon a default or an Event of Default under this Lease, the escrowed funds or deposits may be applied by Lessor (or the Facility Lender) to all sums owed by Lessee to Lessor (or to sums owed to Facility Lender).

Additional Charges. In addition to Each of the Base Rent and Percentage Rent, (a) Lessee Borrwer Parties shall also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that Lessee which such Borrower Party assumes or agrees to pay under this Leasethe Loan Documents, and all other amounts, liabilities, obligations and Impositions related to the ownership, use, possession and operation of the Collateral or the Business, including, without limitation, all costs of owning and operating the Hospital, all Real Estate Taxes, insurance premiums, maintenance and capital improvements, all licensure violations, violations of and defaults under any of the Permitted Encumbrances, civil monetary penalties and fines, and (b) in the event of any failure on the part of Lessee the Borrower Parties to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee the Borrower Parties, jointly and severally, will also will promptly pay and reimburse the MPT Parties for all such amounts paid by the MPT Parties and promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor the MPT Parties shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or the Loan Documents, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in the case of non-payment of the Base Rentother Loan Obligations. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due date, Lessee the Borrower Parties, jointly and severally, will pay Lessor to the MPT Parties on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Default Rate (or at the maximum rate permitted by law, whichever is less) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays the Borrower Parties pay any Additional Charges to Lessor the MPT Parties pursuant to any requirement of this Leasethe Loan Documents, Lessee the Borrower Parties shall be relieved of its their obligation to pay such Additional Charges to the entity to which they would otherwise be due due. At any time during the Loan Term, the MPT Parties may require the Borrower Parties to pay to the MPT Parties the MPT Parties' estimates of Real Estate Taxes and Lessor insurance premiums and the Borrower Parties, jointly and severally, shall pay same to the MPT Parties, upon written request from monies received from Lesseeany of the MPT Parties, such amounts as and when required by the MPT Parties. All sums paid into escrow or deposits shall not bear interest and may be commingled with the MPT Parties' books, accounts and funds; however, upon an Event of Default, the escrowed funds or deposits may be applied by the MPT Parties to all sums owed by the Borrower Parties or the Guarantors to the MPT Parties.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee Tenant will also will pay and discharge as and when due and payable (a) all other amounts, liabilities, obligations and Impositions that Lessee which Tenant assumes or agrees to pay under this Lease including, to the extent applicable, any amounts due by Landlord under any assessments, tax, fees, or other charges related to the ownership and leasing of the Leased Property that accrue during the Term of this Lease, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) above of this Section 3.3which it received all notice required hereunder, Lessee Tenant will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Rent or Additional Charges payment due to Landlord is not delivered to Landlord within ten (but only as to those Additional Charges that are payable directly to Lessor10) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Chargesdays after written notice from Landlord, a late charge of five percent (to the extent permitted by law5%) computed at the Overdue Rate on of the amount of such installmentpayable shall be due and payable by Tenant as additional Rent. In addition, amounts owing to Landlord which are not received by Landlord within ten (10) days after written notice from Landlord shall bear interest from the eleventh (11th) day after the due date until paid at the rate of such installment the Overdue Rate. The Minimum Rent, Additional Charges, late fees and Impositions are collectively referred to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseeherein as “Rent” or “Rental.”

Additional Charges. In This Lease shall be an absolute triple net lease. Accordingly, in addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this LeaseMaster Lease Document, including without limitation, all amounts under Article IV hereof and (b2) in - 13 - the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 above being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Master Lease Document or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this LeaseMaster Lease Document, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section SECTION 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section SECTION 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”"ADDITIONAL CHARGES"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent, including, but not limited to, the right, but not the obligation to pay such Additional Charges on behalf of the Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition Tenant and Landlord agree that the rent accruing under this Lease shall be net to Landlord and that all taxes, costs, promotional fees, common area maintenance fees, expenses and charges of every kind and nature, including attorneys’ fees incurred by Landlord in enforcing the provisions of this lease, whether or not any legal proceedings are commenced ("Additional Charges") arising in connection with or relating to the Base Rent and Percentage RentDemised Premises (excluding, however, (a1) Lessee also will pay taxes other than Real Estate Taxes for which Landlord is responsible under Section 3.05(a) and discharge as (2) any payments for interest or principal under any fee mortgage relating to the Demised Premises) which may arise or become due at any time during the Lease Term, shall be paid by Tenant. Tenant hereby indemnifies, defends, protects, and when due saves Landlord wholly harmless from and payable against any and all other amountsAdditional Charges. As used herein, liabilitiesthe term “Additional Rent” shall include, obligations without limitation, all of the following: (1) any and Impositions that Lessee all Additional Charges for which Tenant is responsible hereunder, or which Tenant otherwise assumes or agrees to pay; (2) all interest and penalties that may accrue on such Additional Charges if Tenant fails to pay them timely within any applicable cure periods; (3) all other damages, costs and expenses (including, without limitation, reasonable attorneys' fees and other legal and court costs) which Landlord may suffer or incur in enforcing this Lease; and (4) any and all other sums which may become due by reason of Tenant's default or failure to comply with its obligations under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition Subject to the Base Rent and Percentage RentArticle 11 relating to permitted ------------------ contests, (a) Lessee will also will pay and discharge as and when due and payable (a) all other amounts, liabilitiesliabilities and obligations, obligations and Impositions that which Lessee assumes or agrees to pay under this LeaseLease including, to the extent applicable, any condominium association dues, assessments or other charges, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of the Additional Charges Charges, as in well as the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Percentage Minimum Rent or Additional Charges (but only as to those Additional Charges that which are payable directly to Lessor) shall not be paid on its due datewithin ten days after the date when due, Lessee will pay Lessor on demand, as Additional Charges, a late charge interest (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the date when due date of such installment to the date of payment in full thereof. In the event Lessor provides Lessee with written notice of failure to timely pay any installment of Minimum Rent or any Additional Charges pursuant to Section 15.1(b) more than three times within any twelve month period, Lessee shall pay an administrative fee to Lessor in the amount of $500.00 for each additional written notice Lessor gives pursuant to Section 15.1(b) during the next twelve months. To the extent that Lessee pays any Additional Charges to Lessor or the Facility Mortgagee pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they such Additional Charges would otherwise be due and Lessor due. Additional Charges shall pay same from monies received from Lesseebe deemed Rent hereunder.

Additional Charges. In addition to the Base Minimum Rent and Percentage Rent, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in Impositions. In the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3amounts, Lessee liabilities, obligations and Impositions, Tenant also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (all of the items foregoing amounts, liabilities, obligations and Impositions referred to in clauses (a) and (b) of this Section 3.3 being shall be deemed to be additional rent payable by Tenant hereunder and being referred to herein collectively as the “Additional Charges”), and Lessor Landlord shall have all legal, equitable legal and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent. If any installment instalment of Base Rent and Minimum Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee Tenant will pay Lessor on Landlord within ten (10) days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installmentinstalment, from the due date of such installment instalment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity Entity to which they would otherwise be due and Lessor Landlord shall pay the same from monies received from LesseeTenant.

Additional Charges. In addition Subject to the Base Rent and Percentage RentArticle XIII hereof, (a) Lessee also will Tenant shall pay and discharge as and when due and payable all Impositions and other amounts, liabilities, liabilities and obligations and Impositions that Lessee which Tenant assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee . If Tenant fails or refuses to pay any of those the items referred to in clause (a) of this Section 3.3the immediately preceding sentence, Lessee also will Tenant shall promptly pay and discharge every fine, penalty, interest and cost that which may be added arise or accrue for the non-payment or late payment of such items (the items referred to in clauses (a) items. The aforementioned amounts, liabilities, obligations, Impositions, fines, penalties, interest and (b) of this Section 3.3 being additional rent hereunder and being costs are referred to herein collectively as the “Additional Charges”), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the "ADDITIONAL CHARGES." The Additional Charges as in the case of non-payment of the Base Rentshall constitute Rent hereunder. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to Additional Charges, only those Additional Charges that which are payable directly to LessorLandlord) shall not be paid on its due date, Lessee will Tenant shall pay Lessor to Landlord on demand, as an Additional ChargesCharge, a late charge (to the extent permitted by law) , computed at the Overdue Rate on the amount of such installment, Rent from the due date of such installment Rent to the date such Rent is paid. Any payment by Tenant of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor Landlord pursuant to any requirement of this Lease, Lessee Lease shall be relieved relieve Tenant of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseepaid.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of Lease Agreement Ashford TRS Corporation this Section SECTION 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section SECTION 3.3 being additional rent hereunder and being referred to herein collectively as the “Additional Charges”"ADDITIONAL CHARGES"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent, including, but not limited to, the right, but not the obligation to pay such Additional Charges on behalf of the Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Minimum Rent and Percentage Rent, (a) Lessee Tenant also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee Tenant assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a) of this Section 3.3, Lessee Tenant also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”Charge(s)"), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Minimum Rent. If any installment of Base Rent and Minimum Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to LessorLandlord) shall not be paid on its due date, Lessee Tenant will pay Lessor on Landlord within ten (10) days of demand, as Additional Charges, a late charge (an amount equal to the extent permitted by law) interest computed at the Overdue Interest Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement the requirements of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor Landlord shall pay the same from monies received from LesseeTenant.

Additional Charges. In addition to the Base Rent and Percentage Rent, ------------------ (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.33.2, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 3.2 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent and Percentage Rent. The Lessee's obligations regarding the payment of Impositions are set out in Section 4.2. If any installment of Base Rent and Rent, Percentage Rent Rent, or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay (other than Impositions which are Lessor's obligations hereunder) due under this Lease, Lease and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3Section, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be within applicable grace periods, if any, added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base RentRent including, but not limited to, the right to pay such Additional Charges on behalf of Lessee and to require reimbursement thereof by Lessee, together with interest thereon at the Overdue Rate. If any installment of Base Rent and Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, within applicable grace periods, if any, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, (a1) Lessee Tenant will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee which Tenant assumes or agrees to pay under this LeaseLease including without limitation all Impositions and charges, costs and expenses described in Section 2.22, plus sales tax, and (b2) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee Tenant will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent Rent, or Additional Charges (but only as to those Additional Charges that which are payable directly to LessorLandlord) shall not be paid on within three (3) Business Days after its due date, Lessee Tenant will pay Lessor Landlord on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate (or at the maximum rate permitted by law, whichever is the lesser) on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement of this Lease, Lessee Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.

Additional Charges. In Subject to the rights to contest as set foith in Airticle 15, in addition to the Base Rent and Percentage Additional Rent, (a) Lessee will also will pay and discharge as and when due and payable all Impositions, all amounts, liabilities and obligations under the Appurtenant Agreements and all other amounts, liabilities, liabilities and obligations and Impositions that which Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or Lease, by statute or otherwise otherwise, in the case of non-payment of ofthe Additional Charges, as well as the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofRent. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity any other Person to which they such Additional Charges would otherwise be due and Lessor shall pay same from monies received from Lessee.due. 3.5

Additional Charges. In addition to the Base Rent and Percentage Rent, (a) Lessee also will shall pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will shall promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items items, and (c) if any installment of Base Rent, Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand a late charge (to the maximum extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof (the items referred to in clauses (a), (b) and (bc) of this Section 3.3 being are additional rent hereunder and being are referred to herein collectively as the “"Additional Charges”"), and . Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same 207 from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Participating Rent, (a) Lessee also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee assumes or agrees to pay under this Lease, and (b) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a) of this Section 3.3, Lessee also will promptly pay and discharge every fine, penalty, interest and cost that may be added for non-payment or late payment of such items (the items referred to in clauses (a) and (b) of this Section 3.3 being additional rent hereunder and being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base Rent or Participating Rent. If any installment of Base Rent and Percentage Rent, Participating Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on within ten (10) days of demand, as Additional Charges, a late charge (to the extent not in violation of any usury statutes and otherwise permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereof. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lessee.

Additional Charges. In addition to the Base Rent and Percentage Rent, Additional Rent (a1) Lessee Tenant shall also will pay and discharge as and when due and payable all other amounts, liabilities, obligations and Impositions that Lessee which Tenant assumes or agrees to pay under this Lease, and (b2) in the event of any failure on the part of Lessee Tenant to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee Tenant shall also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies . Except as otherwise provided either in this Lease or as otherwise required by statute or otherwise in the case any third party entitled to receipt of non-payment of the Additional Charges as in the case of non-payment of the Base Rent. If any installment of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on its due date, Lessee will pay Lessor on demand, as Additional Charges, a late charge all Additional Charges shall be due and payable thirty (30) days after either Landlord or the applicable third party who may be billing Tenant therefor shall deliver an invoice to the extent permitted by law) computed at the Overdue Rate on the amount of such installment, from the due date of such installment to the date of payment thereofTenant therefor. To the extent that Lessee Tenant pays any Additional Charges to Lessor Landlord pursuant to any requirement requirements of this Lease, Lessee which charges are due and payable to a third party, Landlord shall pay such charges to such third party and, in any event, Tenant shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due due. Alternatively, with respect to Additional Charges payable to a third party, Tenant may pay such charges directly to such third party and Lessor shall thereby be relieved of any obligation to pay same from monies received from Lesseesuch charges to Landlord.

Additional Charges. In addition to the Base Rent and Percentage Minimum Rent, (a1) Lessee will also will pay and discharge as and when due and payable all other amounts, liabilities, obligations (including but not limited to all rents, charges, payments, impositions and amounts payable under the Ground Leases) and Impositions that which Lessee assumes assumes, is obligated or agrees to pay under this Lease, and (b2) in the event of any failure on the part of Lessee to pay any of those items referred to in clause (a1) of this Section 3.3above, Lessee will also will promptly pay and discharge every fine, penalty, interest and cost that which may be added for non-payment or late payment of such items (the items referred to in clauses (a1) and (b2) of this Section 3.3 being additional rent hereunder and above being referred to herein collectively as the “"Additional Charges”"), and Lessor shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Additional Charges as in the case of non-payment of the Base RentCharges. If any installment elements of Base Rent and Percentage Rent or Additional Charges (but only as to those Additional Charges that are payable directly to Lessor) shall not be paid on within five (5) Business Days after its due datedate and Lessor pays any such amount (which Lessor shall have the right, but not the obligation, to do), then, in addition to Lessor's other rights and remedies, Lessee will pay Lessor on demand, as Additional Charges, a late charge (to the extent permitted by law) interest on such unpaid Additional Charges computed at the Overdue Rate on the amount of such installment, from the due date of that Lessor pays such installment amount to the date of payment thereofthat Lessor receives reimbursement from Lessee. To the extent that Lessee pays any Additional Charges to Lessor pursuant to any requirement of this Lease, Lessee shall be relieved of its obligation to pay such Additional Charges to the entity to which they would otherwise be due and Lessor shall pay same from monies received from Lesseedue.