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200905358 <br />ARTICLE V <br />RENTAL PAYMENTS <br />Section 5.1. Rental Pavrnents. Lessee agrees to pay Rental Payments during the <br />Term of this Lease, in the amounts and on the dates specified in Exhibit B. All Rental Payments <br />shall be paid to Lessor at its offices at the address specified in the first paragraph of this Lease, or <br />to such other person or entity to which Lessor has assigned such Rental Payments as specified in <br />Article XI, at such place as such assignee may from time to time designate by written notice to <br />Lessee. Lessee shall pay the Rental Payments exclusively from moneys legally available <br />therefor, in lawful money of the United States of America, to Lessor or, in the event of <br />assignment of the right to receive Rental Payments by Lessor, to its assignee. Interest shall <br />accrue from the time of the deposit into escrow of funds by the Lessor. <br />Section 5.2. Current Expense. The obligations of Lessee under this Lease, <br />including its obligation to pay the Rental Payments due with respect to the Project, in any Fiscal <br />Year for which this Lease is in effect shall constitute a current expense of Lessee for such Fiscal <br />Year. <br />Section 5.3. Interest Component. A portion of each Rental Payment is paid as <br />and represents the payment of Interest. Exhibit B sets forth the Interest component of each <br />Rental Payment. <br />Section 5.4. Rental Pavrnents to be Unconditional. In accordance with the terms <br />of the Act, the obligation of the Lessee to make Rental Payments shall be binding upon the <br />Lessee from year to year. The obligation of Lessee to make Rental Payments or any other <br />payments required hereunder shall be absolute and unconditional in all events. Notwithstanding <br />any dispute between Lessee and Lessor or any other person, Lessee shall make all Rental <br />Payments and other payments required hereunder when due and shall not withhold any Rental <br />Payment or other payment pending final resolution of such dispute nor shall Lessee assert any <br />right of set-off or counterclaim against its obligation to make such Rental Payments or other <br />payments required under this Lease., Lessee's obligation to make Rental Payments or other <br />payments during the Lease Term shall not be abated through accident or unforeseen <br />circumstances (including, without limitation, the occurrence of any environmental liability). <br />However, nothing herein shall be construed to release Lessor from the performance of its <br />obligations hereunder; and if Lessor should fail to perform any such obligation, Lessee may <br />institute such legal action against Lessor as Lessee may deem necessary to compel the <br />performance of such obligation or to recover damages therefor. <br />11 <br />