Additional Rent - Landlord’s Taxes Sample Clauses

Additional Rent - Landlord’s Taxes. Tenant covenants and agrees to pay to Landlord, as additional rent, Tenant’s Percentage Share of Landlord’s Taxes (hereafter defined) for each fiscal tax period, or ratable portion thereof, included in the Lease Term. Tenant shall make estimated payments on account of increases in Landlord’s Taxes in monthly installments on the first day of each month, in amounts reasonably estimated from time to time by Landlord to provide for the full payment of Tenant’s obligation with respect to Landlord’s Taxes on the date such Taxes are due, and with a final payment adjustment between the parties within thirty (30) days after Landlord provides Tenant a statement of Landlord’s Taxes and Tenant’s Share of such Taxes for Landlord’s most recent tax year. Within one hundred twenty (120) days (or such additional time thereafter as is reasonable under the circumstances) after the end of each calendar year, Landlord shall deliver to Tenant a statement of (a) the amount of Landlord’s Taxes for such calendar year, with a copy of the applicable tax bxxx(s), and (b) the amount of Tenant’s Percentage Share of such taxes. If a statement is delivered more than one year after the end of the applicable calendar year to which it relates, Tenant shall not be liable for any Additional Rent relating to Landlord’s Taxes for such applicable year to the extent Tenant was not notified of such amounts due in an earlier written notice. This section shall survive the expiration or earlier termination of this Lease.
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Additional Rent - Landlord’s Taxes. Tenant covenants and agrees to pay to Landlord, as additional rent, an escalation charge calculated as Tenant’s Percentage Share of the increase in Landlord’s Taxes (hereafter defined) for each fiscal tax period, or ratable portion thereof, included in the Lease Term over the Base Taxes (hereinafter defined). Tenant shall make estimated payments on account of increases in Landlord’s Taxes above the Base Taxes in monthly installments on the first day of each month, in amounts reasonably estimated from time to time by Landlord to provide for the full payment of Tenant’s obligation with respect to Landlord’s Taxes on the date such Taxes are due, and with a final payment adjustment between the parties within fourteen (14) days after Landlord provides Tenant a statement of Landlord’s Taxes and Tenant’s Share of the increase of such Taxes above Base Taxes for Landlord’s most recent tax year. “Base Taxes” as used herein means the amount of Landlord’s Taxes for the Base Tax Year. This section shall survive the expiration or earlier termination of this Lease.
Additional Rent - Landlord’s Taxes. Tenant covenants ----------------------------------- and agrees to pay to Landlord, as additional rent, all of Landlord's Taxes (hereafter defined) for each fiscal tax period, or ratable portion thereof, included in the Lease Term, each such payment to be made not later than ten (10) days prior to the date such taxes are due (or, if later, five (5) business days after receipt of Landlord's tax xxxx). Landlord shall furnish to Tenant copies of all bills relating to any Landlord's Taxes within fifteen (15) days after Landlord's receipt thereof. Landlord and Tenant agree to use good faith efforts to cause the municipal taxing authority to issue the tax xxxx for the Premises directly to Tenant during the term of this Lease, and if the same is accomplished Tenant agrees to furnish Landlord with a copy thereof within fifteen (15) days after receipt, and Tenant shall make each payment thereunder not later than ten (10) days prior to the date such taxes are due. In the event that Landlord's institutional first mortgagee requires that Landlord pay Landlord's Taxes to the mortgagee on a monthly basis, Tenant shall make such payments to the mortgagee as required, on the conditions that (i) such mortgagee shall not use such funds for any purpose other than payment of Landlord's Taxes, and (ii) evidence of payment will be sent to Tenant. Without implying that other covenants do not survive, the covenants of this Section shall survive the Term.
Additional Rent - Landlord’s Taxes. Tenant shall pay as Additional Rent all of Landlord’s Taxes for each fiscal period wholly included in the Term (and a ratable amount for the first and last Lease years). Landlord’s Taxes shall be paid in advance in monthly installments on the first day of each month in amounts reasonably estimated from time to time by Landlord to provide for the full payment of Landlord’s Taxes on the date 30 days before such Taxes are due (with further payment by Tenant or repayment to Tenant as the case may be within 10 days following determination of the final amount of Landlord’s Taxes for a fiscal period.) Tenant shall have the right to seek at its own cost to reduce, maintain the existing level of, or resist increases in (collectively, “abatements”) Landlord’s Taxes, for any fiscal tax period wholly within the Term. If Tenant fails to notify Landlord that it intends to prosecute an abatement at least 45 days prior to the date abatements may be filed without loss of rights, then Landlord shall have such right. If Tenant does prosecute an abatement, it will not thereafter compromise or terminate such prosecution without giving Landlord at least 45 days’ prior notice and opportunity to assume such prosecution. If Landlord elects to prosecute any abatement not prosecuted by Tenant or any other abatement for a fiscal tax period partially within the term, Landlord shall notify Tenant and Tenant shall, within 10 days, elect by notice to Landlord whether Tenant desires to receive the benefits of such abatement proceeding. Tenant’s failure timely to make such election shall be deemed an election not to receive the benefits of such abatement. If Tenant elects to receive the benefits of the abatement proceeding prosecuted by Landlord, Landlord’s Taxes shall also mean and include Landlord’s reasonable costs (including fees of attorneys, appraisers and other consultants) incurred in seeking such abatement whether or not successful and whether or not such efforts involve filing actual abatement applications or initiation of other formal proceedings; and in such case Landlord shall pay to Tenant the net proceeds received from any abatement allocable to Landlord’s Taxes which Tenant has theretofore paid. If Tenant elects (or is deemed to elect) not to receive the benefits of any abatement proceeding prosecuted by Landlord, Landlord’s Taxes shall not include Landlord’s costs in prosecuting such abatement; but Landlord shall be entitled to retain the proceeds of such abatement even if...
Additional Rent - Landlord’s Taxes. Tenant covenants and percentage agrees to pay to Landlord, as additional rent, Tenant's Percentage Share (as set forth in Section 1.1) of Landlord's Taxes (hereafter defined) for each fiscal tax period, or ratable portion hereof, included in the Lease Term in monthly installments on the first day of each month in amounts reasonably estimated from time to time by Landlord to provide for the full payment of Tenant's obligation with respect to Landlord's Taxes on the date such Taxes are due. When the actual amount of Landlord's Taxes are determined from time to time, the parties agree to promptly make adjustments for any overpayments or underpayments made by Tenant. Any overpayment will be promptly reimbursed to Tenant and any underpayments will promptly be paid by Tenant upon receipt of a statement setting forth with reasonable specificity the amount of such underpayment. Landlord agrees that, if any amount of such underpayment. Landlord agrees that, it any such estimations are more than 25% higher than the actual amount of Landlord's Taxes payable by Landlord without taking into account abatements or other efforts by Landlord to reduce real estate tax assessments, then Landlord will promptly remit to Tenant Tenant's Percentage share of the amount by which such estimations proceed such actual amount, together with interest thereon at the rate of 9% per annum, such interest to be payable for the period beginning on the date Tenant shall have paid Tenant's Percentage Share of Landlord's Taxes based upon such estimation, and ending on the day preceding Landlord's repayment to Tenant of such excess.
Additional Rent - Landlord’s Taxes. Tenant covenants and agrees to pay to Landlord, as additional rent, all of Landlord's Taxes (hereafter defined) for each fiscal tax period, or ratable portion thereof, included in the Lease Term in monthly installments on the first day of each month in amounts reasonably estimated from time to time by Landlord to provide for the fully payment of Tenant's obligation with respect to Landlord's Taxes on the date such taxes are due. Tenant shall furnish to Landlord all original bills relating to any Landlord's Taxes within five days after Xxxxxx's receipt thereof. Without implying that other covenants do not survive, the covenants of this Section shall survive the Term.
Additional Rent - Landlord’s Taxes. Tenant covenants and agrees to pay to Landlord, as additional rent, all of Landlord's Taxes for each fiscal tax period, or ratable portion thereof, included in the Lease Term, each such payment to be made not later than ten (10) days prior to the date such taxes are due. Landlord shall furnish to Tenant copies of all bills relating to any Landlord's Taxes within fifteen (15) days after Landlord's receipt thereof. In the event that Landlord's mortgagee requires that Landlord pay Landlord's Taxes to the mortgagee on a monthly basis, Tenant shall make such payments to the mortgagee as required. Without implying that other covenants do not survive, the covenants of this Section shall survive the Term.
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Additional Rent - Landlord’s Taxes. Tenant covenants and agrees to pay to Landlord, as additional rent, Xxxxxx's Tax Percentage Share (as set forth in Section 1.1) of Landlord's Taxes (hereafter defined) for each fiscal tax period, or ratable portion thereof, included in the Lease Term in monthly installments on the first day of each month in amounts reasonably estimated from time to time by Landlord to provide for the full payment of Tenant's obligation with respect to Xxxxxxxx's Taxes on the date such Taxes are due.

Related to Additional Rent - Landlord’s Taxes

  • Additional Rent (a) The Rentable Area in the Building is stipulated to be 285,773 square feet. Tenant shall, from time to time during the term of the Lease, pay as additional rent hereunder, an amount, per each square foot of Rentable Area within the Premises, equal to the excess ("Excess") in actual Basic Costs, over the actual 1993 Basic Costs per square foot of Rentable Area in the Building. Commencing on the fourth (4th) anniversary of the date of this Lease, Tenant shall begin paying the Excess in accordance with the provisions of this paragraph. (b) Landlord shall also have the right to make a good faith estimate of the Excess for each upcoming calendar year and upon thirty (30) days' notice to Tenant to require the monthly payment by Tenant of one-twelfth (1-12th) of such estimated Excess, but in no event shall any such estimate be based on Basic Costs which exceed the actual Basic Costs for the previous calendar year. (c) By April 1 of each calendar year following the year during which the Lease Term begins, or as soon thereafter as practical, Landlord shall furnish to Tenant a statement of Landlord's actual Basic Costs for the previous calendar year, and Landlord shall notify Tenant of the amount of the Excess owing by Tenant to Landlord, showing the calculations thereof which result from such statement. Tenant agrees to promptly pay Landlord, as additional rent, all Excess which has not been previously paid as estimated Excess. If for any calendar year additional rent collected for the prior year, as a result of Landlord's estimate of Excess, is greater than the additional rent actually due during such prior year, then Landlord shall refund to Tenant any such overpayment. (d) Notwithstanding the foregoing provisions of this Lease to the contrary, for purposes of calculating the Excess under this Lease, in no event shall Controllable Basic Costs be increased in any calendar year after 1993 by more than five percent (5%) of the Controllable Basic Costs for the previous calendar year. For purposes hereof, "Controllable Basic Costs" shall mean all Basic Costs other than those enumerated in subsections (iii), (v), (vi) and (viii) of paragraph 2(j) of this Lease.

  • Additional Rental (a) For purposes of this Lease, "Tenant's Forecast Additional Rental" shall mean Landlord's reasonable estimate of Tenant's Additional Rental for the coming calendar year or portion thereof. If at any time it appears to Landlord that Tenant's Additional Rental for the current calendar year will vary from Landlord's estimate by more than five percent (5%), Landlord shall have the right to revise, by notice to Tenant, its estimate for such year, and subsequent payments by Tenant for such year shall be based upon such revised estimate of Tenant's Additional Rental. Failure to make a revision contemplated by the immediately preceding sentence shall not prejudice Landlord's right to collect the full amount of Tenant's Additional Rental. Prior to the Rental Commencement Date and thereafter prior to the beginning of each calendar year during the Lease Term, including any extensions thereof, Landlord shall present to Tenant a statement of Tenant's Forecast Additional Rental for such calendar year; provided, however, that if such statement is not given prior to the beginning of any calendar year as aforesaid, Tenant shall continue to pay during the next ensuing calendar year on the basis of the amount of Tenant's Forecast Additional Rental payable during the calendar year just ended until the month after such statement is delivered to Tenant.

  • Landlord’s Expenses In the event Tenant shall assign this Lease or sublet the Premises or request the consent of Landlord to any Transfer, then Tenant shall pay Landlord's reasonable costs and expenses incurred in connection therewith, including, but not limited to, attorneys', architects', accountants', engineers' or other consultants' fees.

  • Basic Rent The periodic rent payable for the Aircraft throughout the Basic Term pursuant to Section 3.02 of the Lease, adjusted pursuant to Article 3 of the Lease. Basic Term. The period commencing at the beginning of the day on the Delivery Date and ending at the end of the day on July 15, 2023, or such earlier date on which the Lease shall be terminated as provided therein.

  • Base Rent Purchaser will receive a credit at Closing for the prorated amount of all base or fixed rent payable pursuant to the Leases and all Additional Rents (collectively, “Rent”) previously paid to, or collected by, Seller and attributable to any period following the Closing Date. Rents are “Delinquent” when they were due prior to the Closing Date, and payment thereof has not been made on or before the Closing Date. Delinquent Rent shall not be prorated at Closing. All Rent collected by Purchaser or Seller from each tenant from and after Closing will be applied as follows: (i) first, to Delinquent Rent owed for the month in which the Closing Date occurs (the “Closing Month”), (ii) second, to any accrued Rents owing to Purchaser, and (iii) third, to Delinquent Rents owing to Seller for the period prior to Closing. Any Rent collected by Purchaser and due Seller will be promptly remitted to Seller. Any Rent collected by Seller and due Purchaser shall be promptly remitted to Purchaser. Purchaser shall use reasonable efforts to collect Delinquent Rents owed to Seller in the ordinary course of its business; provided, however, that Seller hereby retains the right to pursue any tenant under the Leases for any Rent and other sums due Seller for period attributable to Seller’s ownership of the Property; and provided further, however, Seller (i) shall be required to notify Purchaser in writing of Seller’s intention to commence or pursue any legal proceedings; and (ii) shall not be permitted to commence or pursue any legal proceedings against any tenant seeking eviction of such tenant or the termination of the underlying Lease. “Additional Rents” shall mean any and all amounts due from tenants for operating expenses, common area maintenance charges, taxes, shared utility charges, management fees, insurance costs, other comparable expenses and pass-through charges and any other tenant charges. The provisions of this Section 14.5 shall survive the Closing and the delivery of any conveyance documentation.

  • Monthly Rent a. Commencing as of the Commencement Date, and continuing thereafter on or before the first day of each calendar month during the term hereof, Tenant shall pay to Landlord, as monthly rent for the Premises, the Monthly Rent specified in Paragraph 2 above. If Tenant’s obligation to pay Monthly Rent hereunder commences on a day other than the first day of a calendar month, or if the term of this Lease terminates on a day other than the last day of a calendar month, then the Monthly Rent payable for such partial month shall be appropriately prorated on the basis of a thirty (30)-day month. Monthly Rent and the Additional Rent specified in Paragraph 7 shall he paid by Tenant to Landlord, in advance, without deduction, offset, prior notice or demand, in immediately available funds of lawful money of the United States of America, or by good check as described below, to the lockbox location designated by Landlord, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments made by check must be drawn either on a California financial institution or on a financial institution that is a member of the federal reserve system. Notwithstanding the foregoing, Tenant shall pay to Landlord together with Tenant’s execution of this Lease an amount equal to the Monthly Rent payable for the first full calendar month of the Lease term after Tenant’s obligation to pay Monthly Rent shall have commenced hereunder, which amount shall be applied to the Monthly Rent first due and payable hereunder. b. All amounts payable by Tenant to Landlord under this Lease, or otherwise payable in connection with Tenant’s occupancy of the Premises, in addition to the Monthly Rent hereunder and Additional Rent under Paragraph 7, shall constitute rent owed by Tenant to Landlord hereunder. c. Any rent not paid by Tenant to Landlord when due shall bear interest from the date due to the date of payment by Tenant at an annual rate of interest (the “Interest Rate”) equal to the lesser of (i) twelve percent (12%) per annum or (ii) the maximum annual interest rate allowed by law on such due date for business loans (not primarily for personal, family or household purposes) not exempt from the usury law. Notwithstanding the foregoing, Landlord shall give Tenant notice of non-payment of rent when due and five (5) days after delivery of such notice to cure such non-payment once in each calendar year before assessing interest in such calendar year pursuant to this Paragraph 5.c. Failure by Tenant to pay rent when due, including any interest accrued under this subparagraph, shall constitute an Event of Default (as defined in Paragraph 25 below) giving rise to all the remedies afforded Landlord under this Lease and at law for nonpayment of rent. d. No security or guaranty which may now or hereafter be furnished to Landlord for the payment of rent due hereunder or for the performance by Tenant of the other terms of this Lease shall in any way be a bar or defense to any of Landlord’s remedies under this Lease or at law. e. Notwithstanding anything to the contrary in this Lease: (i) in no event may any rent under this Lease be based in whole or in part on the income or profits derived from the Premises, except for percentage rent based on gross (not net) receipts or sales; (ii) if the holder of a Superior Interest (as defined in Paragraph 21 below) succeeds to Landlord’s interest in the Lease (“Successor Landlord”) and the Successor Landlord is advised by its counsel that all or any portion of the rent payable under this Lease is or may be deemed to be “unrelated business income” within the meaning of the Internal Revenue Code or regulations issued thereunder, such Successor Landlord may, at its option, unilaterally amend the calculation of rent so that none of the rent payable to Landlord under the Lease will constitute “unrelated business income,” but the amendment will not increase Tenant’s payment obligations or other liability under this Lease or reduce the Landlord’s obligations under this Lease and (iii) upon the Successor Landlord’s request, Tenant shall execute any document such holder deems necessary to effect the foregoing amendment to this Lease.

  • Supplemental Rent Lessee shall pay to Lessor or the Person entitled thereto any and all Supplemental Rent promptly as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. Lessee shall pay to Lessor as Supplemental Rent, among other things, on demand, to the extent permitted by applicable Legal Requirements, interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by Lessor for the period from the due date or the date of any such demand, as the case may be, until the same shall be paid. The expiration or other termination of Lessee's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease or any other Operative Agreement, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent.

  • Landlord’s Fees Whenever Tenant requests Landlord to take any action not required of it hereunder or give any consent required or permitted under this Lease, Tenant will reimburse Landlord for Landlord’s reasonable, out-of-pocket costs payable to third parties and incurred by Landlord in reviewing the proposed action or consent, including reasonable attorneys’, engineers’ or architects’ fees, within thirty (30) days after Landlord’s delivery to Tenant of a statement of such costs. Tenant will be obligated to make such reimbursement without regard to whether Landlord consents to any such proposed action.

  • Fixed Rent (a) Commencing as of the Rent Commencement Date, Tenant shall pay Fixed Rent to Landlord, or Landlord’s designee as designated in a written notice to Tenant at such address as Landlord shall from time to time designate by written notice to Tenant. Except as hereinafter provided, the Fixed Rent shall be due and payable in the amounts set forth on Schedule 2 hereto for the respective periods shown on such Schedule 2. Fixed Rent shall be due and payable in advance on the first day of each month (or if such first day is not a business day, the first business day of each month), commencing on the Date of Rent Commencement, during the Term (each such date being referred to herein as a “Due Date”). Notwithstanding the foregoing, from the Date of Rent Commencement until Tenant is notified otherwise by Landlord and Lender, Fixed Rent shall be paid by wire transfer to the account specified in the rent direction letter from Landlord to Tenant delivered concurrently with the execution and delivery of this Lease. (b) If the Lease Commencement Date or Rent Commencement Date shall be on any day other than the first day of a calendar month, then all amounts to be paid on such dates shall be prorated on a per diem basis. (c) If any installment of Fixed Rent is not paid on the respective Due Date, Tenant shall pay Landlord interest on such overdue payment at the Lease Default Rate, accruing from the Due Date of such payment until the same is paid; provided, however, the foregoing obligation to pay the Default Rate shall not be required for the first late payment of Fixed Rent in any calendar year so long as such delay in payment does not continue for longer than a period of ten (10) days. All Fixed Rent and Additional Rent shall be payable in U.S. Dollars. (d) Commencing as of the Lease Commencement Date, all taxes, costs, expenses, and other amounts which Tenant is required to pay pursuant to this Lease (other than Fixed Rent), together with every fine, penalty, interest and cost which may be added in accordance herewith for non-payment or late payment thereof shall constitute additional rent (“Additional Rent”). All Additional Rent due to Landlord (or its designee) shall be paid directly by Tenant within thirty (30) days after Landlord gives written notice that payment is due, unless otherwise provided in this Lease, in which case, the Additional Rent shall be paid as otherwise so provided. Unless otherwise provided herein, Additional Rent payable by Tenant to a third (3rd) party (i.e., utility charges, maintenance contracts, supply contracts, vendor contracts, etc.) shall be paid as and when the same shall be due and payable pursuant to Tenant’s agreement or other arrangement with the applicable third (3rd) party. If Tenant shall fail to pay any such Additional Rent or any other sum due hereunder when the same shall become due (after the expiration of the applicable cure periods therefor), Landlord shall have all rights, powers and remedies with respect thereto as are provided herein or by Law in the case of non-payment of any Fixed Rent and shall, except as expressly provided herein, have the right (after the expiration of the applicable cure periods thereof), not sooner than ten (10) days after notice to Tenant (except in the event of an emergency, as reasonably determined by Landlord, in which case prior notice shall not be necessary) of its intent to do so, to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent and other sums due hereunder, in each case paid by Landlord or Lender on behalf of Tenant, from the date of payment by Landlord or Lender until repaid by Tenant.

  • Rent Tenant shall pay Rent to Landlord (or to such Person as Landlord may direct (in writing)) during the Term, in lawful money of the United States of America which shall be legal tender for the payment of public and private debts, without offset, abatement, demand or deduction, except as hereinafter expressly provided. All payments of Rent to Landlord shall be made by wire transfer of immediately available federal funds or by other means acceptable to Landlord in its sole discretion. Base Rent and Additional Debt Service Costs for any partial month shall be prorated on a per diem basis based on a 360 day year and twelve (12) thirty (30) day months. In addition, if directed to do so by Landlord in writing, Tenant shall pay a portion of the Base Rent directly to any Facility Mortgagee in an amount specified in such Notice to Tenant. Notwithstanding the foregoing, if in connection with any Facility Mortgage Landlord is unable to obtain from the Facility Mortgagee a Subordination Agreement not to disturb Tenant's right to possession in the event of a foreclosure of such Facility Mortgage, then Tenant shall have the right, at Tenant's sole election, to pay directly to the Facility Mortgagee all monthly payments due and payable or otherwise required thereunder. If Tenant elects to make such payments directly to the Facility Mortgagee, then (i) upon each monthly payment Tenant shall simultaneously therewith deliver to Landlord evidence reasonably acceptable to Landlord that such payment was made, and (ii) Tenant hereby agrees to indemnify, defend and hold harmless Landlord from any claims, losses or damages that Landlord suffers as a result of any failure, default or defect in Tenant's making such payment on Landlord's behalf. Any payments made directly by Tenant under this Paragraph may be off-set against Base Rent payable by Tenant during such calendar month.

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