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machinery and equipment used in operating and maintaining the Premises and Property, (viii) all <br /> billing, auditing, management and legal expenses relating to the operation and maintenance of <br /> <br /> the Property, (ix) any expenses incurred in contesting real property assessments, arbitrating or <br /> determining Master Lease rentals, if any, and any assessments or charges made under any <br /> betterment or improvement law or otherwise, (x) Master Lease rent, if any, (xi) any utility <br /> charges for the Property or the Premises not sepazately metered or paid by Lessee and (xii) any <br /> other costs which the Lessor shall conclude, in its sole discretion, are reasonable and necessary <br /> for maintaining and operating the Premises and/or the Property. As used herein the term <br /> "equipment" shall be taken to include both personalty and fixtures. <br /> Section 2. 02. Gross Income Tax. Lessee shall pay to Lessor as additional rent together <br /> with each payment of rental or other payment required hereunder which is subject to State of <br /> Hawaii general excise tax on gross income, as it may be amended from time to time, and all <br /> other similaz taxes imposed upon Lessor on said rental or other payment in the nature of a gross <br /> receipts tax, sales tax, privilege tax or the like, excluding federal or state net income taxes, <br /> whether imposed by the United States of America, State of Hawaii or County of Hawaii, an <br /> amount (currently 4.166% of such payment) which, when added to such rental or other payment, <br /> shall yield to Lessor, after deduction of all such tax payable by Lessor with respect to all such <br /> payments a net amount equal to that which Lessor would have realized from such payments had <br /> such tax not been imposed. <br /> Section 3.01. Changes and Additions to Buildings. Lessor hereby reserves the right at <br /> any time to make alterations to the Project, including additional improvements and/or alterations <br /> or additions thereto. Lessee agrees to accept the inconvenience of noise, dust and other <br /> disturbances from any such alterations, additions or construction and Lessor shall not be liable to <br /> Lessee for any inconvenience, interferences, annoyance, loss or damage resulting from such <br /> alterations, additions or construction. Lessor shall use reasonable efforts to minimize such <br /> inconvenience. Lessee agrees that it shall not protest the payment of rent, offset or withhold <br /> rent, when due and payable under the terms of the Lease, because of any ongoing construction at <br /> the Project. <br /> Section 3.02. Right to Relocate. The purpose of the Site Plan attached hereto as Exhibit <br /> A is to show the approximate location of the Premises. Lessor reserves the right at any time to <br /> relocate automobile parking azeas and other azeas shown on the Site Plan. <br /> Section 3.03. No Interest in Air Space or Light or Air Easement. Nothing herein <br /> shall be construed as creating or transferring to Lessee any interest in the land upon which the <br /> Premises are located or any interest in the air space above the Premises and the building in which <br /> the Premises are situated. Any diminution or shutting off of light or air by any structure which <br /> may be on lands adjacent to or in the vicinity of the Premises shall in no way affect this Lease, <br /> abate rent or otherwise imposed any liability on Lessor. <br /> 6 <br /> <br />