Apportionment of Rents. If this Lease is terminated pursuant to this Article, then rent shall be apportioned (based on the portion of the Premises which is usable or used after such damage or destruction) and paid to the earlier of the date of termination or the date Tenant completely vacates and abandons the Premises on account of such damage and Landlord shall be entitled to any insurance proceeds received by Tenant that are attributable to Tenant Improvements and other improvements insured or required to be insured by Tenant that would remain in the Premises at the end of the Lease Term.

Apportionment. The following items are to be computed and apportioned between Buyer and Seller as of the Closing Date on a per diem and on a 365 day year basis:

Apportionment. For purposes of this Agreement, Liability for any Taxes of Seller with respect to any Straddle Period shall be apportioned to Seller for any Pre-Closing Period and to Buyer thereafter. Liability for Property Taxes with respect to any Straddle Period shall be apportioned to the Pre-Closing Period on a per diem basis. Liability for Taxes other than Property Taxes for the Pre-Closing Period shall be deemed equal to the amount which would be payable during the Pre-Closing Period if the relevant taxable period took into account only the Pre-Closing Period on an “interim closing of the books” method similar to that described in the Treasury Regulations promulgated under Section 706 of the Code.

So long as no Application Event has occurred and is continuing and except as otherwise provided herein with respect to Defaulting Lenders, all principal and interest payments received by Agent shall be apportioned ratably among the Lenders (according to the unpaid principal balance of the Obligations to which such payments relate held by each Lender) and all payments of fees and expenses received by Agent (other than fees or expenses that are for Agent's separate account or for the separate account of Issuing Lender) shall be apportioned ratably among the Lenders having a Pro Rata Share of the type of Commitment or Obligation to which a particular fee or expense relates. Subject to [Section 2.4(b)(iv)] and [Section 2.4(e)], all payments to be made hereunder by Borrower shall be remitted to Agent and all such payments, and all proceeds of Collateral received by Agent, shall be applied, so long as no Application Event has occurred and is continuing and except as otherwise provided herein with respect to Defaulting Lenders, to reduce the balance of the Revolving Loans outstanding and, thereafter, to Borrower (to be wired to the Designated Account) or such other Person entitled thereto under applicable law.

Real Estate Taxes, water charges, and sewer rents, vault charges, if any, business improvement district taxes and assessments and any other governmental taxes, charges or assessments levied or assessed against the Property, on the basis of the respective periods for which each is assessed or imposed, except that if there is a water meter at the Property, apportionment at the Closing shall be based on the last available reading, subject to adjustment after the Closing when the next reading is available. If the Closing shall occur before a new tax rate is fixed, the apportionment of taxes at the

The Landlord shall pay the rents reserved by the Superior Lease.

“Rents” shall mean all Fixed Rents and all Additional Rents.

The following rules shall determine the apportionment of payments due under the Plan among Beneficiaries in the event of the Participant’s death:

Collect the rents, additional rents and other income due and to become due from the Properties;

Real estate taxes are payable by Tenant under the Lease, and as such, no apportionment of the real estate taxes are required to be made at Closing.