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binding on LESSOR. If, by making any such election to pay in installments, any of the
<br />installments shall be payable after the termination of this lease agreement or any extended term of
<br />this lease agreement, the unpaid installments shall be prorated as of the date of termination, and
<br />amounts payable after that date shall be paid by LESSOR. All of ~he taxes and charges under this
<br />Section Thirteen shall be prorated at the commencement and expiration of the term of this lease
<br />agreement.
<br /> C. Taxes excepted. In spite of anything in this section to the contrary, LESSEE shall
<br />not be required to pay any estate, gift, imheritance, succession, franchise, income, or excess profits
<br />taxes that may be payable by LESSOR or LESSOR's legal representative, successors, or assigns,
<br />nor shall LESSEE be required to pay any tax that might become due on account of ownership of
<br />property other than that leased in this lease agreement which may become a lien on or collectable
<br />out of the property leased under this lease agreement.
<br /> D. Contesting taxes. If LESSEE shall in good faith desire to contest the validity or
<br />amount of any tax, assessment, levy, or other governmental charge agreed in this section to be paid
<br />by LESSEE, LESSEE shall be permitted to do so, and to defer payment of such tax or charge, the
<br />validity or amount of which LESSEE is so contesting, until final determination of the contest, on
<br />giving to LESSOR written notice prior to the commencement of any such contest, which shall be at
<br />least 30 days prior to delinquency.
<br /> E. Disposition of rebates. All rebates on account of any taxes, rates, levies, charges, or
<br />assessments required to be paid and paid by LESSEE under the provisions of this lease agreement
<br />shall belong to LESSEE, and LESSOR will, on the request of LESSEE, execute any receipts,
<br />assignments, or other documents that may be necessary to secure the recovery of any rebates, and
<br />will pay over to LESSEE any rebates that may be received by LESSOR.
<br /> F. Receipts. LESSEE shall obtain and deliver receipts or duplicate receipts for all
<br />taxes, assessments, and other items required under this lease agreement to be paid by LESSEE,
<br />promptly on payment of any such taxes, assessments, and other items.
<br />
<br />SECTION FOURTEEN
<br />CONSTRUCTION OF FACILITY
<br />
<br /> Plans and specifications. On or before ~, LESSEE shall, at
<br />LESSEE's sole expense, prepare plans and specifications for a new multimodal facility to be
<br />constructed on the premises which shall provide for at least 168 vehicle parking spaces and public
<br />express bus service. The plans and specifications shall be submitted to LESSOR for LESSOR's
<br />written approval or any revisions required by LESSOR. LESSOR shall not unreasonably withhold
<br />approval, and in the event of disapproval, LESSOR shall give to LESSEE an itemized statement of
<br />reasons for disapproval within __ days after the plans and specifications are submitted to
<br />LESSOR.
<br /> B. Construction. On or before October 1, 2002, LESSEE shall, at LESSEE's sole
<br />expense, commence, and shall thereafter diligently prosecute to completion the construction of the
<br />multimodal facility in accordance with the plans and specifications.
<br /> C. Alterations, improvements, and changes permitted. LESSEE shall have the right to
<br />make such alterations, improvements, and changes to any facility that may from time to time be on
<br />the premises as LESSEE may deem necessary, or to replace any facility with a new one.
<br /> D. Disposition of new improvements. Any new facilities constructed by LESSEE on
<br />the premises, and all alterations, improvements, changes, or additions made in or to the premises
<br />
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