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(b) If such taxes and special assessments for any tax year are payable i
prior to the date on Which additlonal percentage rent for such tax year !s payable,
then Tenant shall have the right, and is hereby irrevocably authorized and directed,
to deduct amounts payable under the provisions of this Artlcle for such tax year from
additlonal percentage rents under Sectlon (b) of Artlcle 2 for such tax year, or, Ln
the alternative, if such taxes and special assessments Eor any tax year are payable
after additional percentage rents for such tax year are payable, then Tenant shall
have no liability for any such tax year to the extent of the additional percentage
rents paid by Tenant under Section (b) of Artlcle 2 for such tax year.
OPTIONAL ARRA -
21. The area t00 feet in width and 30 feet in depth, wltl~ an area of 3,000
square feet and indicated as "Optional Nalgreen Area" on F.xhiblt "B", shalt he kept
available at all times during the term of this lease for the erection, when desired
by Tenant, of an addition to the leased premises. Such erection shall be subject to
availability of building permits because of the land to building ratio requirements
of the Clty of Port St. T.ucie and mutual agreement with respect to construction and
modifications of this lease as to term and other applicable provisions. tf Landlord
and Tenant are unable to mutually agree upon the construction and lease modifications,
such failure to agree shall not effect the other terms of this lease.
INVESTMENT TAX CREDIT
- 22. The Landlord hereby elects, in accordance wlth•Section 48 (d) of the Internal
Revenue Code and tl~e reputations t}~ereunder, to treat the Tenant as having acquired-
all eligible property in-order that the Tenant may obtain credit, if any, allowed or
allowable under Sectlon 38 of the Internal Revenue Code.
NOTICES
23. All notices hereunder s}~all be In writing and sent by United States
certified or registered .nail, postage prepaid, addressed, if to Landlord, to the
place where rent checks are to be mailed, and Lf to Tenant, to 200 Wilmot Road,
Deerfield, Illinois, 60015, and a duplicate to the leased,prenLses, provided that
each party by like notice may designate any future or different addresses to which
subsequent-notices shall be sent.
MISCBLIANF.OUS i
24. Captions of the seve ral articles contained in this -tease are Eor convenience ~
only and do not constitute a part of this lease and do not limit, affect or construe
the contents of such articles.
This Instrument shalt merge all undertakings between the parties hereto with respect
to the leased premises and shall constitute the entire lease contract unless otherwise
hereafter modified by both partles~in writing. Tenant s}gall have i1~e right to cancel
this lease LE satisfactory evidence of landlord's title, together with the original
or duplicate original lease, properly executed by both parties, shall not be received
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