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and (iv) use, operation, maintenance, and repair and /or replacement of any portions of any improvements now or hereafter located on the SMA Property that encroach upon the Commission Property. 2. Use of Easement Area. The Commission shall not alter or use the Easement Area in a way that unreasonably interferes with the use of the Easement Area by SMA and /or any other Perm ittee. 3. Maintenance, Repairs, Alterations, Replacements. SMA shall at all times, at its expense, keep and maintain or cause to be kept and maintained the Easement Area in good, clean and safe condition and repair including, without limitation, the making of all necessary structural repairs and/or replacements. The Commission shall not be required to furnish any services or facilities or to make any improvements, repairs or alterations in or to the Easement Area. 4. Taxes. 4.01. Definitions. "Real Estate Taxes" means and includes all ad valorem real property taxes and assessments levied upon or with respect to (or, if any such levy is upon or with respect to a parcel of real estate and improvements thereon of which the Commission Property is a part, then the portion thereof properly allocable and relating to) the Commission Property, or any part thereof, and all taxes, levies and charges which may be levied or imposed by any governmental authority in replacement of, in lieu of, or in addition to ad valorem real property taxes, in whole or in part, including but not limited to a state or local option tax designed for property tax relief purposes, or a license or franchise fee measured by rents or other income received by the Commission from the Commission Property, or otherwise measured or based upon the Commission's or SMA's interest in the Commission Property as owner /grantor and grantee, respectively. "Taxes" means all Real Estate Taxes, personal property taxes, special and general assessments, sewer service charges and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, which may be assessed, levied, or become due and payable with respect to, or become a lien on, the Commission Property, or any part thereof or appurtenance thereto. 4.02. Payment of Taxes and Assessments. SMA shall pay and discharge punctually, as and when the same shall become due and payable, all Taxes which are due and payable with respect to the Commission Property, or any part thereof, or any appurtenances or equipment owned by or leased to SMA thereon or therein during any calendar year. SMA shall be deemed to have complied with the covenants of this Section 4.02 if payment of Taxes shall have been made either within any period allowed by applicable law before the same shall become a lien upon the Commission Property; or, if the Taxes constitute a lien before it is due and payable, then, before any penalty or interest is assessed with respect thereto. SMA shall send to the Commission satisfactory evidence of payment of any applicable Taxes and any other payment hereunder if requested to do so by the Commission in writing. 2