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ts0vfffiFl',s FNEi-p K$TTITAS CO{.'NTY AIRPORT Second Executive Session (R.C.W. 82.29A) or as amended. The tax shall be due and payable atthe same time the rentalcharged herein is due and payable. LESSEE shall neither suffer nor permit the attachment of any lien or other encumbrance on the Premises. Notwithstanding the foregoing, LESSOR acknowledges and accepts that LESSEE will obtain private and/or public grant funding that may require the filing of encumbrances against the Acquired lmprovements and the Facility. 3.5 PAST DUE AMOUNTS lf LESSEE fails to pay when due any amount required to be paid by LESSEE under this LEASE, such unpaid amount shall bear interest at the rate of twelve percent (12%) per annum from the due date of such amount to the date of payment in full. 3.6 PERSONAL PROPERTY TAXES Lessee shall pay all personal property taxes assessed to the Leasehold improvements on the Premises. 3.7 PRORATION OF TAXES lf the Term shallexpire on any date otherthan the last of a tax fiscalyear, the amount payable by the Lessee during the tax fiscal year in which such termination occurs shall be prorated on the basis which the number of days from the commencement of said tax fiscal year to and including said termination date bears to 365. A similar proration shall be made for the tax fiscal year in which the Term Commences. 4. CONTINGENCIES. 4.1 DUE DILIGENCE CONTINGENCY LESSEE's obligation to lease the Premises under this Lease is contingent on and subject to LESSEE's determination that the conditions and features of the Premises are acceptable to LESSEE, in LESSEE's sole and absolute discretion (the "Due. Dilisence Continqency''). ln making said determination, LESSEE shall have the right, at LESSEE's expense, to inspect, review, and investigate the Premises and its conditions and features. Said inspection, review, and investigation may include, without limitation, (a) hazardous waste inspection (including borings for water and soil sampling); (b) engineering, geotechnical, and soil studies; (c) utility, zoning, and other development studies; (d) economic feasibility of operating facilities on the Premises for LESSEE's intended uses; (e) a survey of the Premises; (f) title review; (g) contacting any or all state, county, and city agencies, as well as allwater, sewer, and other special districts, in which the Premises is located (if any); and (h) such other due diligence as may be deemed reasonably necessary by LESSEE in determining whether the Premises is suitable for LESSEE's intended uses. LESSEE rNrTrAL__LESSOR INITIAL PAGE 4