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ARTICLE 4 <br /> TENANT'S COVENANTS <br /> 4.1 Real Estate Taxes. Tenant shall payall Real Estate Taxes before <br /> penalty attaches for non-payment thereof, provided: <br /> (1) Landlord will pay any real estate taxes due and payable in the <br /> year of commencement of this Lease and allprioryears includingthe <br /> entire amount of all special assessments, including future installments <br /> thereof, which are levied or pending as of the date of the date of this <br /> Lease for completed public improvements, <br /> (2) If bylaw anyReal Estate Tax mayat the option of the partyon <br /> p <br /> whom it is imposed be paid in installments, Tenant may exercise such <br /> option and shall pay all such installments (and interest, if any) <br /> becoming due during the Term as they become due and before any <br /> further interest or any penalty, fine or cost may be added to them <br /> (provided, however, if such Real Estate Tax arises out of a special <br /> assessment for improvements, cannot be paid in installments and occurs <br /> within the last ten(10) years of the Term of this Lease, then Tenant's <br /> share of such assessment will be based upon the number of years <br /> remaining in the Term divided by the useful life of the improvement, <br /> except that Tenant shall pay the full amount of the assessment if Tenant <br /> exercises its option to purchase the Redevelopment Property), and <br /> (3) Any Real Estate Tax due and payable in a calendar year a part of <br /> which is included in the Term and a part of which extends beyond the <br /> Term shall be apportioned between Landlord and Tenant as of the <br /> expiration of the Term. <br /> 4.2 Compliance with Laws. The Development shall be used and occupied <br /> in a safe and legal manner and in compliance with all applicable legal requirements. <br /> 4.3 Tenant's Equipment. All Tenant's Equipment shall be the property of <br /> Tenant, Tenant's tenants or any lessor of such equipment. Landlord shall have no <br /> interest in Tenant's Equipment. Landlord shall not be responsible for any loss or <br /> damage to Tenant's Equipment except to the extent caused by Landlord's wrongful act <br /> or negligence. <br /> 4.4 Maintenance. Tenant shall at Tenant's expense maintain the <br /> Improvements and, to the extent imposed by law on adjacent property owners, the <br /> adjacent sidewalks and curbs in good order and condition, ordinary wear excepted, <br /> and in compliance with legal requirements. <br /> 4.5 Repairs. Tenant shall make all necessary or appropriate capital and <br /> operating repairs and replacements and renewals to the Improvements, interior and <br /> exterior, structural and non-structural, ordinary and extraordinary, and foreseen and <br /> unforeseen sufficient for proper operation thereof using materials of good quality. <br /> The need for or appropriateness of such repairs, replacements and renewals and the <br />