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t <br /> i <br /> 9 <br /> Premises and the denominator of which shall be the total square footage on <br /> the shopping center tract. 5580 <br /> 102,587 5*43928/"e <br /> Tenant's proportionate share of said Impositions shall be paid, <br /> along with monthly installments of minimum rent, in advance in monthly in- <br /> stallments estimated by Landlord and subsequently adjusted, resulting from <br /> the actual Impositions exceeding (or falling short of) estimated payments. <br /> Tenant shall pay initial monthly installments for the calendar year during <br /> which the term hereof begins in the amount of tWenty-six hundred seventy-eight & 40/'� <br /> ($-21678,40 per annum) Dollars, the same being based on Land- <br /> lord's estimate of such Impositions at the commencement of the term. <br /> Monthly installments for each subsequent calendar year shall thereafter be <br /> estimated by Landlord at the beginning of each such year on the basis of the <br /> actual Impositions for the preceding calendar year. <br /> Within sixty (60) days of receipt of all the bills for such Imposi- <br /> tions for each such calendar year, Landlord shall deliver to Tenant a state- <br /> ment certifying the actual total amount thereof and the amount of Tenant's <br /> proportionate share thereof. Along with the installment of minimum rent <br /> next due following receipt of each such statement, Tenant shall pay to Land- <br /> , lord such amounts as may be necessary to effect adjustment of the amount <br /> paid or payable for the certified calendar year to the actual amount of <br /> Tenant's proportionate share of such Impositions for such year. Landlord <br /> shall credit any excess payments made by Tenant against future installments <br /> to be paid by Tenant hereunder. <br /> If the term of this Lease shall begin or end on a date other than <br /> the first or last day of a calendar year, the first and/or final annual <br /> charges to Tenant with respect to the aforesaid Impositions shall be pro- <br /> rated on a daily basis on the basis of a three hundred and sixty-five (355) <br /> day calendar year. <br /> The foregoing provisions to the contrary notwithstanding, it is <br /> understood and agreed that any and all assessments or charges for public <br /> betterments or improvements ad valorem real estate taxes or other taxes on <br /> business or personal property or any other tax on real estate or business or <br /> personal property as such from time to time directly or indirectly assessed <br /> or imposed upon or with respect to any alterations, additions or improve- <br /> ments made to the premises by Tenant or under its direction or with respect <br /> to any property of Tenant therein shall be borne and paid entirely by Tenant <br /> and if any of said items or any portion thereof shall be paid by Landlord, <br /> Tenant shall reimburse Landlord for the same immediately upon receipt by <br /> Tenant of written demand therefore from Landlord. <br /> 12. Indemnit . The Lessee agrees to indemnify and save harmless the <br /> Lessor and the agents, servants and employees of the Lessor against and from <br /> any and all claims by or on behalf of any person, firm or corporation <br /> arising by reason of injury to person or damage to property occurring in the <br /> Leased Premises occasioned in whole or in part by any act or omission on the <br /> part of the Lessee or an employee (whether or not acting within the scope of <br /> employment), agent, visitor, assign or undertenant of the Lessee or by <br /> reason of any unlawful use of the Leased Premises or any breach, violation <br /> or nonperformance of any covenant in this lease on the part of the lessee to <br /> be observed or performed, and also for any matter or thing growing out of <br /> the occupancy or use of the Leased Premises by the Lessee or anyone holding <br /> or claiming to hold through or under the Lessee. Lessee agrees to pay for <br /> All damage to the Building as well as all damages &raising out of injury to <br /> or death of other lessees or occupants thereof, caused by Lessee's misuse or <br /> neglect of said Leased Premises, its apparatus or appurtenances. Lessor <br /> shall not be liable to Lessee for any damage by or from any act or negli- <br /> gence of any of adjoining contiguous property. Lessor agrees to indemnify <br /> and save harmless the Lessee and the agents, servants and employees of the <br /> Lessee from and against any and all claims by or on behalf of any person, <br /> firm or corporation arising by reason of injury to person or damage to pro- <br /> perty occurring in the common areas of the Building. <br />