6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage

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Such rental shall be prepaid in lull on or before the Commencement Date and shall be referred to hereinafter as the "Basic Rent". Basic Rent shall be paid to Landlord at the South Bcnd Redevelopment Commission, 1200 County-City Building, South Bend, IN 46601, or at such other place as Landlord may direct by notice in writing from time to time. Section 3.2. IMPOSITIONS. Tenant covenants and agrees to pay before delinquency, as additional rent, all real estate taxes, assessments and other governmental charges, general and special, including but not limited to assessments for public improvements or benetlts, which may be laid, levied, assessed or imposed upon the Demised Premises and become due and payable during the Demised Term (all of which taxes, assessments and other governmental charges arc hereinafter referred to as "Impositions") and to fiznush a copy of the paid receipt therefor to Landlord within 10 days after Landlord's written request therefor. Section 3.3. PRORATION OF IMPOSI"PIONS. Any Imposition relating to a fiscal period of the taxing authority, a part of which is included in a period of time subsequent to the expiration or termination of the Demised Term, shall be adjusted as between Landlord and Tenant so that Tenant shall pay that proportion of the Imposition which relates to that proportion of the applicable Ilscal period that falls within the Demised Term and that Landlord shall pay the remainder thereof. Section 3.4. CONTEST Oh IMPOSITIONS. "Tenant shall have the right to contest the amount or validity of any Imposition by appropriate legal proceedings, but this shall not be deemed or construed in any way as relieving Tenant of its covenant to pay any such Imposition. Landlord shall join in any such proceeding to the extent necessary to permit 'T'enant to properly prosecute the same; provided, that Landlord shall not be subjected to any liability Cor the payment of any costs or expenses in connection with any such proceeding brought by `Tenant. Section 3.5. LIMITATION. Nothing contained in this Lease shall require Tenant to pay any franchise, estate; inheritance, succession, capital levy or transfer tax of Landlord, or any income, excess profits or revenue tax or any other tax, assessment, charge or levy upon the Basic Rent payable by Tenant under this Lease. ARTICLI? IV. IMPROVEMENTS Section 4.1. PARKING GARAGE. "The Master Tenant shall construct the Parking Garage in accordance with the terms and conditions of the Development Agreement and the Property Documents. Notwithstanding any provision in the Master Lease, the Sublease or this Lease to the contrary, title to the Parking Garage shall automatically vest in Tenant upon the expiration or termination of the Demised "Term. The foregoing shall be self-operative and shall not require any additional documentation by Landlord, Tenant or the Master Tenant. Notwithstanding the foregoing. in the event that Tenant requests that the conveyance of Landlord's and!or the Master Tenant's interest in the foregoing property to Tenant be evidenced by written con~~eyance documents, Landlord agrees to promptly execute and deliver (or cause to be executed and delivered) any such conveyance documents in form and substance reasonably acceptable to Tenant. -3-