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ARTICLE 4. <br /> RENTS <br /> Section 4.1 Ground Rent. For each Lease Year during the Term during which rent <br /> charged to residential Tenants is restricted by a regulatory agreement recorded for the benefit of <br /> TCAC or another governmental agency that imposes rent restrictions that are more stringent than <br /> those set forth in Section 9.8 of this Lease ("Affordability Restrictions"), Lessee shall pay to <br /> Lessor on the Commencement Date of this Lease and on each succeeding anniversary thereof <br /> rent in advance for the next succeeding Lease Year("Rent") in the nominal amount of$1.00 per <br /> Lease Year or partial Lease Year. If at any time during the Term, rent charged to residential <br /> Tenants is no longer restricted by Affordability Restrictions that are more stringent than those set <br /> forth in Section 9.8, then commencing upon the expiration of such restrictions, Lessee shall pay <br /> annual Rent in an amount equal to Market Rate Rent as determined in accordance with Section <br /> 4.3, commencing with the first month following the date the Affordability Restrictions no longer <br /> encumber the Improvements, in advance for each succeeding (or partial) year remaining in the <br /> Term. <br /> Section 4.2 Payments. All Rent, Additional Rent, and other sums, if any, due Lessor <br /> hereunder shall be paid by Lessee to Lessor at the address of Lessor set forth hereinafter for <br /> notices, or to such other person and/or at such other address as Lessor may direct by written <br /> notice to Lessee, without notice or demand, and without abatement, deduction or set off. <br /> Section 4.3 Determination of Market Rate Rent. Market Rate Rent shall be the fair <br /> market rental value as reasonably determined by Lessor; provided however, if Lessee reasonably <br /> and in good faith disputes Lessor's determination of Market Rate Rent, then Market Rate Rent <br /> shall be determined by appraisal by an independent real estate appraiser with an MAI certificate <br /> or the equivalent mutually selected by Lessor and Lessee. If Lessor and Lessee cannot agree <br /> upon an appraiser, then each of Lessor and Lessee shall select, within fifteen(15) days following <br /> their inability to agree upon an appraiser, an MAI appraiser who has no less than ten(10) years <br /> of experience valuing residential apartment projects in Alameda County, California. If a party <br /> fails to select an appraiser within such fifteen(15) day period, then such party shall have <br /> irrevocably waived its right to select an appraiser. The two appraisers shall determine the <br /> Market Rate Rent. If the two appraisers are unable to agree upon the Market Rate Rent, then <br /> Market Rate Rent shall be the average of both determinations; provided however if the <br /> determinations of the two appraisers differ by ten (10%) or more, a third appraiser shall be <br /> selected jointly by the two appraisers, and the average of the highest two appraisals shall be used <br /> to determine the Market Rate Rent. <br /> ARTICLE 5. <br /> TAXES AND OTHER IMPOSITIONS; UTILITIES <br /> Section 5.1 Payment of Impositions. As and when the same shall become due, Lessee <br /> will pay all of the Impositions, except that if any Imposition that Lessee is obligated to pay in <br /> whole or in part is permitted by law to be paid in installments, Lessee may pay or cause to be <br /> 12 <br /> 191\52\1656915 8 <br /> OAK#4834-9609-1684 v8 <br />