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<br /> r <br /> stated above, without any deduction and without notice or demand, <br /> at the office of Lesscr in Hilo, Hawaii. If any date for paymen~ <br /> shall not be a Business Day, then Lessee shall make such payment <br /> on the next following Business Day. <br /> (b) Electronic Funds Transfer. Lessor may, upon <br /> ninety (90) days prior written notice, require Lessee to pay Base <br /> Rent and real property tax and assessments through electronic <br /> funds transfer using an automated bank debiting system, whereby <br /> such payments shall be debited from Lessee's bank account and <br /> credited to a bank account Lessor shall designate in such notice. <br /> Lessee shall upon receipt of such notice promptly execute and <br /> deliver to Lessor and Lessor's designated bank, any documents, <br /> instruments, or authorizations required to implement such <br /> debiting system. Lessee shall pay all service fees and other <br /> charges in connection with electronic funds transfer, including <br /> charges resulting from insufficient funds in Lessee's bank <br /> account. Lessee shall remain liable for all payments of Base <br /> Rent and real property tax and assessments, notwithstanding <br /> Lessee's bank's failure to correctly debit the amount of such <br /> payments or transfer such payments to Lessor's account. <br /> 5.03 Taxes and Assessments. <br /> (a) Real Property Tax. Lessee will at least ten (10) <br /> days before the same become delinquent pay as additional rent to <br /> Lessor all real property taxes and assessments of every <br /> description to which the Premises or any part thereof or any <br /> building or improvement thereon, or Lessor or Lessee in respect <br /> thereof, are now or may during the Term be assessed or become <br /> liable, whether assessed to or payable by Lessor or Lessee. <br /> (i) Payment of Assessments. With respect to any <br /> assessment made under any betterment or improvement law which may <br /> be payable in installments, Lessee shall be required to pay only <br /> such installments of principal together with interest on unpaid <br /> balances thereof as shall become due and payable during the Term. <br /> All such taxes and assessments shall be prorated as of the <br /> Commencement Date and expiration date, respectively, of the Term. <br /> (ii) Payment by Lessor. If Lessee fails to pay <br /> such real property taxes and assessments, Lessor may, without <br /> notice of demand to Lessee, pay the same, and any advances made <br /> by Lessor in discharge of the assessments and other charges shall <br /> be a lien on Lessee's interest in the Premises, payable on demand <br /> with interest at the rate of interest provided in Section <br /> 5.03 (d) . <br /> (iii) Appeal of Real Property Tax and Assessments. <br /> Lessor or Lessee may contest in good faith, by appropriate <br /> proceedings commenced before the same become delinquent, the <br /> validity or amount of any such real property tax or assessment, <br /> in the name of Lessor or in the name of Lessee, or both of them <br /> as Lessor or Lessee may deem advisable. <br /> GLS 081997 12548.6 GLS 2002 064 15 <br /> <br />