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other consideration therefore or incident thereto) exceeds the rental payable under this Lease, or if with respect to a permitted assignment, permitted license or other transfer by Tenant by the assignee, licensee or other transferee exceeds the rental payable, under this Lease, then Tenant shall be bound and obligated to pay Landlord seventy percent (70%) of such excess rental and other excess consideration within ten (10) days following receiptthereofby Tenant from such Subtenant, assignee, licensee or other transferee, as the case may be. Finally, in the event of any assignment or subletting, it is understood and agreed that all rentals paid to Tenant by an assignee or Subtenant shall be received by Tenant in trust for Landlord, to be forwarded immediately to Landlord without offset or reduction of any kind; and upon election by Landlord such rentals shall be paid directly to Landlord as specified in Section 4.1 of this Lease (to be applied as a credit and offset to Tenant's rental obligations). Section 16.3. Encumbrance. Tenant shall not mortgage, pledge or otherwise encumber its interest in this Lease or in the Demised Premises. Section 16.4. Assignment By Landlord. In the event of the transfer and assignment by Landlord of its interest in this Lease and in the building containing the Demised Premises to a person expressly assuming Landlord's obligations under this Lease, Landlord shall thereby be released from any further obligations hereunder, and Tenant agrees to look solely to such successor in interest of the Landlord for performance of such obligations. Any security given by Tenant to secure performance of Tenant's obligations hereunder may be assigned and transferred by Landlord to such successor in interest, and Landlord shall thereby be discharged of any further obligation relating thereto. ARTICLE XVII. Section 17.1. Real Estate Taxes. Tenant shall pay to Landlord upon demand, (but not more often than monthly), and in addition to the rentals and other charges prescribed in this Lease, Tenant's Share (as hereinafter defined) of all general real estate taxes, general and special assessments, parking surcharges and other governmental charges (hereinafter collectively referred to as the general taxes") levied and assessed against the Shopping Center. If the Demised Premises shall be separately assessed, then notwithstanding the provisions hereinafter set forth in Section 17.5, Tenant's Share of the general taxes shall be the amount of such separate assessment. The payment to be made by Tenant for the real estate tax year in which this Lease terminates shall bear the same ratio to the payment which would be required to be made for the full real estate tax year as the number of days of such tax year which elapsed prior to termination of this Lease bears to the number of days in the full real estate tax year. Since the City is a governmental entity generally exempt from ad valorem taxation, Landlord will pass through (through a decrease in the annual CAM) to the City any decrease in ad valorem assessments that Landlord gains through this lease with the City. Section 17.2. Landlord's Insurance. Tenant shall pay to Landlord, upon demand, (but not more than monthly), and in addition to the rentals and other charges prescribed in this Lease, Tenant's Share (as hereinafter defined) of the premiums for all fire and extended coverage insurance, boiler insurance, public liability and property damage insurance, rent insurance and other insurance which, from time to time, Landlord may elect to carry with respect to the Shopping Center (hereinafter collectively referred to as the "Insurance Premiums"). For purposes hereof, premiums paid for insurance policies having policy years which do not coincide with calendar years shall be prorated on a per diem basis for each calendar year affected, and total premiums for policies issued for more than one year will be prorated equally over the number of years for the term of such policies, regardless of differences in premium amounts actually paid during any particular year or years of such term. The payment to be made by Tenant for the respective years in which this Lease commences and terminates shall bear the same ratio to the payment INlTIALS~