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• (i) Any proceeding by any government authority with respect to the
<br /> presence, use or disposal of any Hazardous Substance on the Premises or the
<br /> migration thereof from or to other property;
<br /> (ii) All claims made in writing by any third party against the Company or
<br /> the Premises relating to loss or injury from any Hazardous Substance;
<br /> (iii) The Company's discovery of any occurrence or condition on the
<br /> Premises or adjoining real property or in the vicinity of the Premises that could
<br /> reasonably be expected to cause the Premises or part thereof to be subject to any
<br /> restrictions on the ownership,occupancy,transferability or use of the Premises under
<br /> any Environmental Law or to be subject to response or cleanup costs.
<br /> Section 6.9. Taxes and Other Impositions. (a) The Company shall pay,promptly as the
<br /> same become due and payable,every lawful tax or other governmental imposition of every kind and
<br /> nature, foreseen or unforeseen, for the payment of which the Company is or shall become liable by
<br /> reason of its estate or interest in the Project or any portion thereof,by reason of any right or interest
<br /> of the Company in or under this Lease Agreement,or by reason of or in any manner connected with
<br /> or arising out of the possession, operation, maintenance, alteration, repair, rebuilding, use or
<br /> occupancy of the Project or any portion thereof,including,without limitation,all taxes,assessments,
<br /> whether general or special, and governmental charges of any kind whatsoever that may at any time
<br /> be lawfully assessed or levied against or with respect to the Project or any machinery,equipment or
<br /> • other tangible personal property installed or brought by the Company therein or thereon(including,
<br /> without limiting the generality of the foregoing,any taxes levied upon or with respect to the receipts,
<br /> income or profits of the Issuer from the Project and all utility and other charges incurred in the
<br /> operation, maintenance, use, occupancy and upkeep of the Project); provided, that with respect to
<br /> special assessments or other governmental charges that may lawfully be paid in installments over
<br /> a period of years,the Company shall be obligated to pay only such installments as they become due;
<br /> and provided further,that the Company may contest in good faith any such taxes,assessments and
<br /> other charges and, in such event,may permit the taxes, assessments or other charges so contested
<br /> to remain unpaid during any period, including appeals, when the Company is in good faith
<br /> contesting the same, so long as (a) reserves have been established in an amount reasonably
<br /> sufficient to pay any such taxes, assessments or other charges, accrued interest thereon and
<br /> potential penalties or other costs relating thereto, or other reasonably adequate provision for the
<br /> payment thereof shall have been made, (b)enforcement of the contested tax, assessment or other
<br /> charge is effectively stayed for the entire duration of such contest, and(c) any tax, assessment or
<br /> other charge determined to be due,together with any interest or penalties thereon,is promptly paid
<br /> after resolution of such contest.
<br /> (b) The parties hereto recite knowledge of the decision of the Supreme Court of the State
<br /> of Arkansas in Wayland v. Snann,232 Ark. 57,334 S.W. 2d 633 (1960),concerning the exemption
<br /> of properties owned by municipalities and used for securing and developing industry under and
<br /> pursuant to the provisions of the Act. The Issuer has represented to the Company and the Issuer and
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