Common use of Taxes; Assessments Clause in Contracts

Taxes; Assessments. Tenant shall pay and discharge, not later than the last day upon which the same may be paid without interest or penalty, all taxes, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and any interest and penalties thereon, which are levied or assessed and become due and payable with respect to the Term of this Lease, whether or not the same become payable during the Term of this Lease (including all of the taxes, assessments, levies, fees, water and sewer rents and other governmental charges for the year in which this Lease is executed which are now a lien but not yet due and payable) against (i) Landlord and which relate to Landlord’s ownership of the Leased Property, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (ii) the Leased Property or the interest of Tenant or Landlord therein, (iii) Basic Rent, Additional Rent or any other amount payable by Tenant hereunder, (iv) this Lease or the interest of Tenant or Landlord hereunder, (v) the use, occupancy, construction, repair or rebuilding of the Leased Property or any portion thereof, or (vi) gross receipts from the Leased Property. If any tax or assessment levied or assessed against the Leased Property may legally be paid in installments, Tenant shall have the option to pay such tax or assessment in installments. Anything in the preceding sentence or in this Lease to the contrary notwithstanding, nothing in this Lease shall require payment by Tenant of any income (including any capital gain), franchise, estate, inheritance, or similar taxes of Landlord or Landlord’s Mortgagee, unless such tax is in lieu of or a substitute for any other tax or assessment upon or with respect to the Leased Property, which, if such other tax or assessment were in effect, would be payable by Tenant hereunder. Tenant shall furnish to Landlord, promptly, and in any event within thirty (30) days after demand by Landlord, proof of the payment of any such tax, assessment, levy, fee, rent or charge which is payable by Tenant. Such taxes, assessments, levies, fees, water and sewer rents and other governmental charges shall be apportioned between Landlord and Tenant as of the date on which this Lease terminates or expires.

Taxes; Assessments. Tenant shall pay and discharge, not later than the last day upon which the same may be paid without interest or penalty, all taxes, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and any interest and penalties thereon, which are levied or assessed and become due and payable with respect to the Term of this Lease, whether or not the same become payable during the Term of this Lease (including all of the taxes, assessments, levies, fees, water and sewer rents and other governmental charges for the year in which this Lease is executed which are now a lien but not yet due and payable) against (i) Landlord and which relate to Landlord’s ownership of the Leased Property, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (ii) Landlord’s mortgagee and which are imposed in respect of Landlord’s mortgagee’s interest in the Leased Property, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (iii) the Leased Property or the interest of Tenant or Landlord therein, (iiiiv) Basic Rent, Additional Rent or any other amount payable by Tenant hereunder, (ivv) this Lease or the interest of Tenant or Landlord hereunder, (vvi) the use, occupancy, construction, repair or rebuilding of the Leased Property or any portion thereof, or (vivii) gross receipts from the Leased Property. If any tax or assessment levied or assessed against the Leased Property may legally be paid in installments, Tenant shall have the option to pay such tax or assessment in installments. Anything in the preceding sentence or in this Lease to the contrary notwithstanding, nothing Nothing in this Lease shall require payment by Tenant of any income (including any capital gain), franchise, estate, inheritance, succession, transfer, net income or similar profits taxes of Landlord or Landlord’s Mortgageemortgagee, unless such tax is in lieu of or a substitute for any other tax or assessment upon or with respect to the Leased Property, which, if such other tax or assessment were in effect, would be payable by Tenant hereunder. Tenant shall furnish to Landlord, promptly, and in any event within thirty sixty (3060) days after demand by payment thereof, at Landlord’s request, proof of the payment of any such tax, assessment, levy, fee, rent or charge which is payable by Tenant, subject to Tenant’s right to contest such charges pursuant to Article 7(d) hereof. Such taxes, assessments, levies, fees, water and sewer rents and other governmental charges shall be apportioned between Landlord and Tenant as of the date on which this Lease terminates or expires.

Taxes; Assessments. Tenant Subject to the terms below, Seller shall pay: (a) all property taxes and special assessments attributed to any tax parcel that includes any part of the Property (“Taxes” and “Assessments”) and last payable without a penalty prior to 2021; (b) all 2020 Taxes due in 2021 (“2020 Taxes”) to the extent attributed to any real estate other than the Property and not paid by a purchaser of such other real estate; and (c) one-half of the 2020 Taxes to the extent attributed to the Property. Buyer shall pay all other Taxes and dischargeAssessments to the extent attributed to the Property. To the extent ascertainable and payable at the time of closing, Taxes and Assessments shall be collected by the closing agent from the proper party(ies) and paid directly to the county treasurer. To the extent not later than ascertainable and payable at the time of closing, all Taxes and Assessments to become due in 2021 (including 2020 Taxes) shall be estimated based on 100% of the amount last day upon which billed for a calendar year (“Estimated Taxes”). Seller’s share of the same may Estimated Taxes, to the extent attributed to the Property, shall be paid without interest or penaltyvia credit against the sums due from Buyer at closing; provided, however, if this sale involves a tax parcel split then, in lieu of a credit to Buyer at closing, Seller may elect to have the closing agent collect from all taxesparties their respective shares of the Estimated Taxes, assessmentsto be held pursuant to an escrow arrangement approved by Seller and applied towards payment of the Taxes and Assessments when billed after closing. In any event, levies, fees, water Xxxxx shall then pay all Taxes and sewer rents Assessments when billed after closing (to the extent attributed to the Property and other governmental and similar charges, general and special, ordinary or extraordinary, to the extent not paid via escrow) and any interest and penalties thereon, which are levied shortage or assessed and become due and payable surplus with respect to the Term estimated amount credited or paid by Seller at closing shall be paid or retained by or refunded to Buyer (to the extent attributed to the Property). If this sale involves a tax parcel split, the extent to which any Taxes and/or Assessments are attributed to the Property shall be based on a split calculation provided by the appropriate property tax official or, if an official split calculation is not available, based on an estimated split calculation using available assessment data. If the billing of this Leaseany Taxes and/or Assessments after closing includes portions attributed to the Property and other real estate, whether or not Xxxxx shall cooperate with the same become payable during the Term owner(s) of this Lease (including all such other real estate to facilitate timely payment of the taxes, assessments, levies, fees, water and sewer rents and other governmental charges for the year in which this Lease is executed which are now a lien but not yet balance due and payable) against (i) Landlord and which relate to Landlord’s ownership of Buyer shall pay the Leased Property, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (ii) the Leased Property or the interest of Tenant or Landlord therein, (iii) Basic Rent, Additional Rent or any other amount payable by Tenant hereunder, (iv) this Lease or the interest of Tenant or Landlord hereunder, (v) the use, occupancy, construction, repair or rebuilding of the Leased Property or any portion thereof, or (vi) gross receipts from the Leased Property. If any tax or assessment levied or assessed against the Leased Property may legally be paid in installments, Tenant shall have the option to pay such tax or assessment in installments. Anything in the preceding sentence or in this Lease attributed to the contrary notwithstanding, nothing in this Lease shall require payment by Tenant of any income (including any capital gain), franchise, estate, inheritance, or similar taxes of Landlord or Landlord’s Mortgagee, unless such tax is in lieu of or a substitute for any other tax or assessment upon or with respect to the Leased Property, which, if such other tax or assessment were in effect, would be payable by Tenant hereunder. Tenant shall furnish to Landlord, promptly, and in any event within thirty (30) days after demand by Landlord, proof of the payment of any such tax, assessment, levy, fee, rent or charge which is payable by Tenant. Such taxes, assessments, levies, fees, water and sewer rents and other governmental charges shall be apportioned between Landlord and Tenant as of the date on which this Lease terminates or expires.

Taxes; Assessments. Tenant shall Landlord agrees to pay all real estate taxes and discharge, not later than assessments and governmental charges of any kind and nature (collectively referred to as "Taxes") that accrue against the last day upon which the same may be paid without interest or penalty, all taxes, assessments, levies, fees, water and sewer rents and other governmental and similar charges, general and special, ordinary or extraordinary, and any interest and penalties thereon, which are levied or assessed and become due and payable with respect to the Term of this Lease, whether or not the same become payable Premises during the Term Lease Term. Taxes shall be included as part of this Lease (including all Operating Expenses charged to Tenant, payable in advance in estimated monthly installments, with reconciliation after the end of the taxeseach calendar year, assessments, levies, fees, water and sewer rents and other governmental charges as provided in Paragraph 6. For purposes of determining Taxes for the year in which this Lease is executed which are now a lien but not yet due and payable) against (i) Landlord and which relate to Landlord’s ownership of the Leased Propertyany given year, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (ii) the Leased Property or the interest of Tenant or Landlord therein, (iii) Basic Rent, Additional Rent or any other amount payable by Tenant hereunderfor such year (a) from special assessments payable in installments shall be the amount of the installments (and any interest due and payable during such year), and (ivb) from all other taxes, at Landlord's election (which election shall be consistent throughout the Lease Term), shall either be the amount accrued, assessed or otherwise imposed for such year or the amount due and payable in such year. The obligation of Tenant to pay Taxes for periods prior to termination of this Lease shall survive such termination (whether by expiration or otherwise). Landlord shall have the right to contest by appropriate legal proceedings the amount, validity, or application of any Taxes or liens thereof. All capital levies or other taxes assessed or imposed on Landlord upon the rents payable to Landlord under this Lease and any franchise tax, any excise, transaction, sales or privilege tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises or any portion thereof shall be paid by Tenant to Landlord, but Tenant shall not be liable for any net income taxes imposed on Landlord unless such net income taxes are in substitution for any tax or assessment payable hereunder. If any such tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the same at such times and in such manner as the taxing authority shall require. With respect to the Taxes levied in respect of any period of time within which either the Rent Commencement Date or the interest expiration date occurs, Tenant must only pay a proportionate part of those Taxes, which part will bear the same ratio to the total amount of those Taxes as the number of days in the period between the Rent Commencement Date and the end of the period of time or in the period between the beginning of that period of time and the expiration date, whichever is applicable, bears to the total number of days in that period of time. So long as no uncured Event of Default has occurred hereunder and provided that Tenant occupies not less than 75% of the rentable area of the Building, and provided further that Landlord is not also contesting such Taxes, Tenant may contest in good faith and at its expense the amount or validity of any Taxes that it is obligated to pay in accordance with the foregoing and, if successful in that regard, is entitled to recover from Landlord any refund paid to Landlord as a result of that successful contest, after deduction of fees and expenses incurred in obtaining such refund. Landlord shall join in any contest undertaken by Tenant in accordance with the foregoing at Tenant's expense if the provisions of any law, rule or regulation at the time in effect require that the proceedings be brought by or in the name of Landlord. Notwithstanding any such contest by Tenant, Landlord shall not be required to withhold any payment of Taxes otherwise due and payable and Tenant shall continue to pay monthly installments of Operating Expenses with respect to Taxes as required hereunder. Tenant shall indemnify, (v) the defend and hold Landlord harmless from any loss, claim, cost or liability resulting from or arising out of any such contest by Tenant. Tenant shall pay all taxes and charges on account of Tenant's use, occupancy, constructionoperation of and interest in the Premises including, repair but not limited to, all personal property, inventory, sales and use taxes, and all occupation and license fees issued or rebuilding of the Leased Property or any portion thereof, or (vi) gross receipts from the Leased Property. If any tax or assessment levied or assessed charged against the Leased Property may legally be paid in installments, Tenant shall have Premises or the option to pay such tax contents thereof on account of Tenant's use or assessment in installments. Anything in the preceding sentence or in this Lease to the contrary notwithstanding, nothing in this Lease shall require payment by Tenant of any income (including any capital gain), franchise, estate, inheritance, or similar taxes of Landlord or Landlord’s Mortgagee, unless such tax is in lieu of or a substitute for any other tax or assessment upon or with respect to the Leased Property, which, if such other tax or assessment were in effect, would be payable by Tenant hereunder. Tenant shall furnish to Landlord, promptly, and in any event within thirty (30) days after demand by Landlord, proof of the payment of any such tax, assessment, levy, fee, rent or charge which is payable by Tenant. Such taxes, assessments, levies, fees, water and sewer rents and other governmental charges shall be apportioned between Landlord and Tenant as of the date on which this Lease terminates or expiresoccupancy thereof.

Taxes; Assessments. Tenant Seller shall pay pay: (a) all general property taxes attributed to any tax parcel that includes any part of the Property (“Taxes”) that are or will be assessed for the entire calendar year 2020 due in 2021 (“2020 Taxes”); (b) all prior unpaid Taxes; and discharge(c) all special assessments, including drainage assessments, if any, attributed to any tax parcel that includes any part of the Property (“Assessments”) that are last payable without a penalty on or before the day of closing, all of which shall be withheld from Seller’s proceeds at closing and paid directly to the appropriate tax collection office; provided, however, if not later than ascertainable and payable at the time of closing, the 2020 Taxes shall be estimated based on 100% of the amount last day upon which billed for a calendar year and the same may amount thus estimated, to the extent attributed to the Property, shall be paid without interest or penaltyvia credit against the sums due from Buyer at closing; provided, further, if this sale involves a tax parcel split, Seller may elect instead to deliver to the closing agent the entire amount of the estimated 2020 Taxes to be held in escrow and applied towards the payment of the 2020 Taxes when billed after closing. Buyer shall then pay all taxes, assessments, levies, fees, water Taxes and sewer rents Assessments when due after closing (to the extent attributed to the Property and other governmental and similar charges, general and special, ordinary or extraordinary, not paid via escrow) and any interest and penalties thereon, which are levied shortage or assessed and become due and payable surplus with respect to the Term estimated amount credited or paid at closing shall be paid or retained by or refunded to Buyer (to the extent attributed to the Property). If this sale involves a tax parcel split, the extent to which any Taxes and/or Assessments are attributed to the Property shall be based on a split calculation provided by the appropriate property tax official or, if an official split calculation is not available, based on an estimated split calculation using available assessment data. If the billing of this Leaseany Taxes and/or Assessments after closing includes portions attributed to the Property and other real estate, whether or not Buyer shall cooperate with the same become payable during the Term owner(s) of this Lease (including all such other real estate to facilitate timely payment of the taxes, assessments, levies, fees, water and sewer rents and other governmental charges for the year in which this Lease is executed which are now a lien but not yet balance due and payable) against (i) Landlord and which relate to Landlord’s ownership of Buyer shall pay the Leased Property, the use and occupancy of the Leased Property or the transactions contemplated by this Lease, (ii) the Leased Property or the interest of Tenant or Landlord therein, (iii) Basic Rent, Additional Rent or any other amount payable by Tenant hereunder, (iv) this Lease or the interest of Tenant or Landlord hereunder, (v) the use, occupancy, construction, repair or rebuilding of the Leased Property or any portion thereof, or (vi) gross receipts from the Leased Property. If any tax or assessment levied or assessed against the Leased Property may legally be paid in installments, Tenant shall have the option to pay such tax or assessment in installments. Anything in the preceding sentence or in this Lease attributed to the contrary notwithstanding, nothing in this Lease shall require payment by Tenant of any income (including any capital gain), franchise, estate, inheritance, or similar taxes of Landlord or Landlord’s Mortgagee, unless such tax is in lieu of or a substitute for any other tax or assessment upon or with respect to the Leased Property, which, if such other tax or assessment were in effect, would be payable by Tenant hereunder. Tenant shall furnish to Landlord, promptly, and in any event within thirty (30) days after demand by Landlord, proof of the payment of any such tax, assessment, levy, fee, rent or charge which is payable by Tenant. Such taxes, assessments, levies, fees, water and sewer rents and other governmental charges shall be apportioned between Landlord and Tenant as of the date on which this Lease terminates or expires.