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Section 6.3. Taxes, Other Governmental Charges and Utility Charges. During the Term of Lease the
<br />City shall also pay or cause to be paid when due all gas, water, steam, electricity, heat, power and other
<br />charges incurred in the operation, maintenance, use, occupancy and upkeep of the Site and the Facilities. The
<br />City shall also pay all property and excise taxes and governmental charges of any kind whatsoever which
<br />may at any time be lawfully assessed or levied against or with respect to the Site or the Facilities or any part
<br />thereof or the Lease Payments, and which become due during the Term of Lease with respect thereto; and all
<br />special assessments and charges lawfully made by any governmental body for public improvements that may
<br />be secured by a lien on the Site or the Facilities; provided that with respect to special assessments or other
<br />governmental charges that may lawfully be paid in installments over a period of years, the City shall be
<br />obligated to pay only such installments as are required to be paid during the Term of Lease as and when the
<br />same become due. The City shall not be required to pay any federal, state or local income, inheritance, estate,
<br />succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other
<br />similar tax payable by the Authority, its successors or assigns, unless such tax is made in lieu of or as a
<br />substitute for any real estate or other tax upon property.
<br />The City may, at the City's expense and in the City's name, in good faith contest any such taxes,
<br />assessments, utility and other charges and, in the event of any such contest, may permit the taxes, assessments
<br />or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom
<br />unless the Authority shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any
<br />such items the interest of the Authority in the Site or the Facilities will be materially endangered or the Site,
<br />the Facilities or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly
<br />pay such taxes, assessments or charges or provide the Authority with full security against any loss which may
<br />result from nonpayment, in form satisfactory to the Authority.
<br />Section 6.4. Liens. The City shall not, directly or indirectly, create, incur, assume or suffer to exist
<br />any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Site or the Facilities,
<br />except the respective rights of the Authority and the City as herein provided and Permitted Encumbrances.
<br />Except as expressly provided in this Article, the City shall promptly, at its own expense, take such action as
<br />may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or
<br />claim if the same shall arise at any time. The City shall reimburse the Authority for any expense incurred by
<br />it in order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim
<br />Section 6.5. Easements. The Authority will from time to time, at the request of the City and at the
<br />City's cost and expense, cooperate and join with the City: (a) in granting easements and other rights in the
<br />nature of easements, releasing existing easements or other rights in nature of easements which are for the
<br />benefit of the Site or the Facilities; (b) in executing amendments to any covenants and restrictions affecting
<br />the Site or the Facilities; (c) in executing and delivering to any person any instrument appropriate (i) to
<br />confirm or to the effect that such grant, release or execution is not detrimental to the proper conduct of the
<br />operations of the City on or in the Site or the Facilities, (ii) to show the consideration, if any, being paid for
<br />such grant, release or amendment, (iii) to show that such grant, release, dedication, transfer, petition or
<br />amendment does not materially impair the use of the Site or the Facilities or reduce the value of the Site or
<br />the Facilities, or (iv) to confirm that the City will remain obligated hereunder to the same extent as if such
<br />grant, release, or amendment had not been made, and the City will perform all obligations under such
<br />instrument. The consideration, if any, received by the Authority or the City for such grant, release, or
<br />amendment shall be applied to the payment of the Bonds.
<br />Section 6.6. Addition and Substitution of Land. The Authority and the City agree to add to the
<br />Ground Lease and this Lease certain additional interests in land, and to release from the Ground Lease and
<br />this Lease certain portions of the Site, and to substitute other interests in real property for some or all of the
<br />portions of the Site so released, but only upon the conditions hereinafter set forth:
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