Common use of Additional Provisions Regarding Real Property Taxes Clause in Contracts

Additional Provisions Regarding Real Property Taxes. Landlord shall have the sole right to contest or appeal any real property taxes or assessments applicable to all or any portion of the Industrial Center and to seek a reduction in the assessed valuation of all or any portion of the Industrial Center (collectively, "Tax Contests"). Tenant may request that Landlord undertake a contest of the initial assessed valuation of the Tenant Improvements and any reassessment of the Building made by reason of the construction of the Tenant Improvements being deemed a "change of ownership" for purposes of the Revenue and Taxation Code (the "Construction Reassessment") at Tenant's sole cost and expense. Landlord agrees to undertake that Tax Contest, or permit Tenant to undertake that Tax Contest, with respect to the Construction Reassessment only unless Landlord's tax consultants advise Landlord against undertaking a Tax Contest with respect to the Construction Reassessment assessed valuations. Any refund of real property taxes resulting from any such Tax Contest shall be applied first to reimburse Landlord for its costs and expenses in connection with the Tax Contest (including, without limitation attorneys' fees and the costs of consultants), then to reimburse Tenant for its costs and expenses in connection with the Tax Contest Tenant undertakes with Landlord's permission under this Paragraph 10.6, and then, out of and to the extent of the balance of such refund, Landlord shall reimburse to Tenant the portion of such reduction attributable to the Premises and the term of this Lease, as and to the extent previously paid by Tenant as part of Tenant's Share of Operating Expenses. Fees payable to tax consultants and attorneys for consultation and contesting real property taxes shall be an Operating Expense.

Additional Provisions Regarding Real Property Taxes. Landlord shall have the sole right to contest or appeal any real property taxes or assessments applicable to all or any portion of the Industrial Center Premises and to seek a reduction in the assessed valuation of all or any portion of the Industrial Center Premises (collectively, "Tax Contests"). Tenant may request that Landlord undertake a contest of the initial assessed valuation of the Tenant Improvements and any reassessment of the Building made by reason of the construction of the Tenant Improvements being deemed a "change of ownership" for purposes of the Revenue and Taxation Code (the "Construction Reassessment") at Tenant's sole cost and expense. Landlord agrees to undertake that Tax Contest, or permit Tenant to undertake that Tax Contest, with respect to the Construction Reassessment only unless Landlord's tax consultants advise Landlord against undertaking a Tax Contest with respect to the Construction Reassessment assessed valuations. Any refund of real property taxes resulting from any such Tax Contest shall be applied first to reimburse Landlord for its costs and expenses in connection with the Tax Contest (including, without limitation attorneys' fees and the costs of consultants), then to reimburse Tenant for its costs and expenses in connection with the Tax Contest Tenant undertakes with Landlord's permission under this Paragraph 10.6, ) and then, out of and to the extent of the balance of such refund, Landlord shall reimburse to Tenant the portion of such reduction attributable to the Premises and the term of this Lease, as and to the extent previously paid by Tenant as part of Tenant's Share of Operating Expenses. Fees payable to tax consultants and attorneys for consultation and contesting real property taxes shall be an Operating Expense. In the event that Landlord has not undertaken a Tax Contest with respect to the property taxes or assessments for a tax fiscal year, Tenant may request that Landlord undertake such a Tax Contest. In the event that Landlord does not commence such Tax Contest within 90 days after receipt of Tenant's request or does not otherwise agree to proceed with that Tax Protest, then Tenant may undertake a Tax Contest; provided that no such Tax Contest by Tenant shall be made if the contested tax or assessment may become a lien on the Building unless the contested amount is paid prior to the Tax Contest by Tenant. Tenant shall indemnify and hold Landlord harmless with respect to any increases in real property taxes or assessments arising out of Tenant's conduct of a Tax Contest above the level those real estate taxes or assessments would have been in the absence of such a Tax Contest.

Additional Provisions Regarding Real Property Taxes. Landlord Lessor --------------------------------------------------- shall have the sole option to pay the real property taxes, and in such case, Lessee shall, as additional rent for the Premises, pay for cost of all real property taxes paid hereunder. If Lessor pays the real property taxes, Lessee shall, within the later of ten (10) days following demand by Lessor or ten (10) days prior to delinquency, reimburse Lessor for the cost of the real property taxes so paid (if an assessment is payable in installments, Lessor shall pay it in the maximum number of installments permitted by the applicable taxing authority, and Lessee shall not be required to reimburse Lessor for any earlier payment of an assessment by Lessor until the date such payment would have been made if Lessor had paid in the maximum number of installments). Lessor shall have the right to contest or appeal any real property taxes or assessments applicable to all or any portion of the Industrial Center Premises and to seek a reduction in the assessed valuation of all or any portion of the Industrial Center Premises (collectively, "Tax Contests"). Tenant may request that Landlord undertake a contest of the initial assessed valuation of the Tenant Improvements and any reassessment of the Building made by reason of the construction of the Tenant Improvements being deemed a "change of ownership" for purposes of the Revenue and Taxation Code (the "Construction Reassessment") at Tenant's sole cost and expense. Landlord agrees to undertake that Tax Contest, or permit Tenant to undertake that Tax Contest, with respect to the Construction Reassessment only unless Landlord's tax consultants advise Landlord against undertaking a Tax Contest with respect to the Construction Reassessment assessed valuations. Any refund of real property taxes resulting from any such Tax Contest shall be applied first to reimburse Landlord Lessor for its costs and expenses in connection with the Tax Contest (including, without limitation attorneys' fees and the costs of consultants), then to reimburse Tenant for its costs and expenses in connection with the Tax Contest Tenant undertakes with Landlord's permission under this Paragraph 10.6, ) and then, out of and to the extent of the balance of such refund, Landlord Lessor shall reimburse to Tenant Lessee the portion of such reduction attributable to the Premises and the term of this Lease, as and to the extent if previously paid by Tenant as part Lessee. Lessee shall have the right, at any time and at its sole cost and expense, to seek a reduction in the assessed valuation of Tenant's Share of Operating Expenses. Fees payable the Premises or to tax consultants and attorneys for consultation and contesting contest the real property taxes or assessments applicable to the Premises. To prevent delinquency, Lessee shall pay in full to the taxing authority, under protest in the manner provided, however, that (a) if the contesting of the same may be made without the payment thereof and (b) the collection of the same and the sale or forfeiture of the Premises or any part thereof or interest therein, is prevented by such contest, Lessee shall have the right, at its sole cost and expense and upon given written notice to Lessor of its intent, to contest the taxes or assessments without payment of the taxes in full. Lessor shall not be required to join in any proceeding or contest brought by Lessee unless such proceeding or contest must be brought in the name of Lessor or an Operating Expenseowner of the Premises. In any proceeding or contest to which Lessor is required to join, Lessee shall bear all actual, documented, reasonable costs of Lessor incurred in connection with such proceeding or contest, including, without limitation, all actual, documented, reasonable attorneys' fees and accountants' fees. Lessee, on final resolution of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered, together with all taxes, costs, charges, interest and penalties incident to the decision or judgment.

Additional Provisions Regarding Real Property Taxes. Landlord Lessor shall --------------------------------------------------- have the option to pay the real property taxes, and in such case, Lessee shall, as additional rent for the Premises, pay for cost of all real property taxes paid hereunder. If Lessor pays the real property taxes, Lessee shall, within the later of ten (10) days following demand by Lessor or ten (10) days prior to delinquency, reimburse Lessor for the cost of the real property taxes so paid (if an assessment is payable in installments, Lessor shall pay it in the maximum number of installments permitted by the applicable taxing authority, and Lessee shall not be required to reimburse Lessor for any earlier payment of an assessment by Lessor until the date such payment would have been made if Lessor had paid in the maximum number of installments). Lessor shall have the sole right to contest or appeal any real property taxes or assessments applicable to all or any portion of the Industrial Center Premises and to seek a reduction in the assessed valuation of all or any portion of the Industrial Center Premises (collectively, "Tax Contests"). Tenant may request that Landlord undertake a contest of the initial assessed valuation of the Tenant Improvements and any reassessment of the Building made by reason of the construction of the Tenant Improvements being deemed a "change of ownership" for purposes of the Revenue and Taxation Code (the "Construction Reassessment") at Tenant's sole cost and expense. Landlord agrees to undertake that Tax Contest, or permit Tenant to undertake that Tax Contest, with respect to the Construction Reassessment only unless Landlord's tax consultants advise Landlord against undertaking a Tax Contest with respect to the Construction Reassessment assessed valuations. Any refund of real property taxes resulting from any such Tax Contest shall be applied first to reimburse Landlord Lessor for its costs and expenses in connection with the Tax Contest (including, without limitation attorneys' fees and the costs of consultants), then to reimburse Tenant for its costs and expenses in connection with the Tax Contest Tenant undertakes with Landlord's permission under this Paragraph 10.6, ) and then, out of and to the extent of the balance of such refund, Landlord Lessor shall reimburse to Tenant Lessee the portion of such reduction attributable to the Premises and the term of this Lease, as and to the extent if previously paid by Tenant as part Lessee. Lessee shall have the right, at any time and at its sole cost and expense, to seek a reduction in the assessed valuation of Tenant's Share of Operating Expenses. Fees payable the Premises or to tax consultants and attorneys for consultation and contesting contest the real property taxes or assessments applicable to the Premises. To prevent delinquency, Lessee shall pay in full to the taxing authority, under protest in the manner provided, however, that (a) if the contesting of the same may be made without the payment thereof and (b) the collection of the same and the sale or forfeiture of the Premises or any part thereof or interest therein, is prevented by such contest, Lessee shall have the right, at its sole cost and expense and upon given written notice to Lessor of its intent, to contest the taxes or assessments without payment of the taxes in full. Lessor shall not be required to join in any proceeding or contest brought by Lessee unless such proceeding or contest must be brought in the name of Lessor or an Operating Expenseowner of the Premises. In any proceeding or contest to which Lessor is required to join, Lessee shall bear all actual, documented, reasonable costs of Lessor incurred in connection with such proceeding or contest, including, without limitation, all actual, documented, reasonable attorneys' fees and accountants' fees. Lessee, on final resolution of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered, together with all taxes, costs, charges, interest and penalties incident to the decision or judgment.