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• ARTICLE V RENTAL PROVISIONS Section 5.1. Lease of Premises. The Issuer hereby demises and leases to the Company, subject to Permitted Encumbrances, and the Company hereby leases from the Issuer, subject to Permitted Encumbrances, for and during the term of this Lease Agreement, the following (the "Premises"): (a) The land described in Exhibit B attached hereto; (b) The buildings,structures and other improvements now or at any time hereafter erected and installed on such land; (c) All accretions,easements,rights ofway and appurtenances belonging or in any way appertaining to such land and/or the improvements described in(a)and (b) above; and (d) All machinery, equipment and other tangible personal property acquired by or on behalf of the Issuer and paid for, in whole or in part, with the proceeds of the Bonds and placed on or in the land and/or the improvements described in (a) and (b) above, or elsewhere, including, without limitation, all • replacements and substitutions which become the property of the Issuer pursuant to the provisions of this Lease Agreement. All such machinery, equipment and other tangible personal property shall be identified in a ledger which shall be maintained by the Company on the Premises;provided,however,the failure to so identify such property in such ledger shall not prevent any item of machinery, equipment or other tangible personal property from becoming part of the Project and leased under this Lease Agreement if,pursuant to the provisions hereof, it should be part thereof,and shall not affect the rights of the Company to such property hereunder. TO HAVE AND TO HOLD the Premises unto the Company for the term of this Lease Agreement as hereafter set forth. Section 5.2. Term. The term of this Lease Agreement shall commence on December 1, 2008,and shall continue until December 1,2038,and as long thereafter as any of the Bonds remain outstanding under the Indenture, unless sooner terminated or extended as provided herein. Section 5.3. Lease Payments and Payment of Other Amounts Payable. (a) On or before any date that principal of or interest on the Bonds is due as set forth in the Indenture and the date of final payment of the principal of and interest on the Bonds or any date fixed for the redemption of any or all of the Bonds pursuant to the Indenture, the Company covenants and agrees to pay or to cause to be paid in lawful money of the United States of America to the Trustee,as Lease Payments, • 12