ADDITIONAL RENT - TAXES. As additional rent hereunder, Tenant shall pay as and when the same become due and payable and before any penalty is added thereto or imposed thereon because of nonpayment, all taxes, assessments, levies, license fees, water rents, excises, franchises, and the like, general and special, ordinary and extraordinary, of whatever nature, name and kind which may be levied, assessed, charged or imposed or which may become a lien (whether by the federal, state, city, county, or other public authority), upon this Lease, the Leased Premises, the use or occupation thereof, the buildings and improvements thereon or any of them, or upon the Landlord or occupants in respect thereof, the rent thereof and therefrom, in the estate hereby created, or upon the Landlord by reason of the ownership of the reversion in the Leased Premises after the Tenant has taken possession and occupancy of the Leased Premises and commenced paying rental under the terms hereof, it being understood that Tenant is not assuming any liability for such items which pre-existed such date whether the same were then due and payable and had ripened into liens against the Leased Premises. Tenant is hereby afforded the right to contest the amount of any such taxes, assessments, etc. with the appropriate governmental agency, with Landlord's consent and cooperation. The parties agree to jointly request the appropriate governmental agency to separate the Leased Premises from the remaining Shopping Center real estate for real estate tax purposes. Should this not be possible, Tenant shall pay the pro-rata real estate taxes attributable to the Leased Premises and the real estate taxes attributable to any structure placed upon the Leased Premises. For purposes of this paragraph, Tenant's "pro-rata" share of such real estate taxes shall be the resulting product of the aggregate real estate tax xxxx(s) for the Shopping Center multiplied by a fraction, the numerator of which being the total square footage of the Leased Premises, and the denominator being the total square footage of the Shopping Center and the adjoining outlots (retail and office) owned by Landlord which are not taxed independently. Notwithstanding any provision of this paragraph, Tenant shall be responsible for the obligations described only during the Term, and all such obligations shall be prorated between Landlord and Tenant for any period of time covered by any such obligation whether attributable to a period prior to or subsequent to the Term...
ADDITIONAL RENT - TAXES. In addition to the Rent set forth in Section IV of this Lease and as part of the Rent due pursuant to the provisions of this Lease, Tenant shall pay Landlord as Additional Rent the Tax Excess as set forth in this Section X. For the purposes of this Section X, the following words and terms shall have the following meaning:
ADDITIONAL RENT - TAXES. (1) For the purposes of this Section, “Tax Year” shall mean the twelve-month period in use in the City of Chelsea for the purpose of imposing ad valorem taxes upon real property. In the event that said City changes the period of its tax year, “Tax Year” shall mean a twelve-month period commencing on the first day of such new tax year, and each twelve-month period commencing on an anniversary of such date during the Term of this lease. For purposes of this Section “the Property” shall mean the Lot and all improvements thereon from time to time, including the buildings. For purposes of this Section the Real Estate Taxes imposed with respect to the Property shall mean the sum of: (i) the real estate taxes upon the buildings (determined in accordance with the real estate tax xxxx, the assessor’s records or a certification from the assessor), plus (ii) the real estate taxes upon the Lot. Real Estate Taxes shall not include any of the following: (i) any franchise, gift, estate, inheritance, conveyance, transfer, capital investment or other tax assessed against Landlord or Landlord’s heirs, successors or assigns; (ii) any income, excess profits or other tax, assessment, charge, or levy on the rent payable by Tenant under this lease; or (iii) any interest, fine, or penalty for late payment or nonpayment by Landlord of any Real Estate Taxes, provided Tenant has timely paid the Real Estate Taxes. Further, as regards any assessment which under the laws then in force may be paid in installments, there will be included within the meaning of the term “Real Estate Taxes” with respect to any fiscal year only the current annual installment.
(2) Tenant shall not be obligated to pay Real Estate Taxes assessed with respect to the Property for any period, prior to May 1, 2001. Commencing on May 1, 2001, and thereafter, during the Term. Tenant shall pay to Landlord, as additional rent, the Real Estate Taxes imposed with respect to the Property for each Tax Year, such amount to be apportioned on a per diem basis for any fraction of a Tax Year during which May 1, 2001, shall occur.
(3) If Landlord shall receive any tax refund or rebate or sum in lieu thereof with respect to any Tax Year after May 1, 2001, then out of any balance remaining thereof, after deducting Landlord’s reasonable expenses incurred in obtaining such refund, rebate or other sum, Landlord shall pay to Tenant, provided that Tenant is not then in monetary default in the performance of any of its obligations hereu...
ADDITIONAL RENT - TAXES. A. If Taxes (as hereinbefore defined) for the Property, including the Building during any calendar year during the Term of this Lease shall be in excess of the Tax Estimate as set forth in the Lease Schedule, Tenant shall pay to Landlord, as additional rent for that year, an amount equal to the Tenant’ s Share of said excess, pro rated as of the Commencement Date and as of the expiration date of the Term for the first and last years of the Term.
ADDITIONAL RENT - TAXES. Lessee agrees to pay as additional rent its proportionate share Fourteen Percent (14%) of the real estate taxes on the Property of which the Premises is a part. Any sum due as aforesaid shall be the additional rent for the tax year commencing July 1st payable in four (4) equal quarterly installments commencing July 1st of each tax payment, but in any event, not more than thirty (30) days after written notice of such tax payment has been delivered to the Lessee by the Lessor.
ADDITIONAL RENT - TAXES. Section 7.1. The Landlord shall pay, or cause to be paid, before the same become delinquent, all general and special taxes, including existing and future assessments for road, sewer, utility and other local improvements and other governmental charges (hereinafter collectively referred to as “real estate taxes”) which may be lawfully charged, assessed, or imposed upon or relating to all or any portion of the Landlord’s Tax Tract (as hereinafter defined) on both land and all structures and other improvements thereon; provided however, that if authorities having jurisdiction assess real estate taxes on any of the same which the Landlord deems excessive, the Landlord may defer compliance therewith to the extent permitted by the laws of the State of Rhode Island so long as the validity or amount thereof is contested by the Landlord in good faith and so long as the Tenant’s occupancy of the demised premises is not disturbed or threatened. For the purposes hereof, the term “Landlord’s Tax Tract” shall mean the portion(s) of the entire Warwick Mall development owned by (or ground leased to) Landlord from time to time (currently being the Developer’s Tract and the theater tract portion of the Macy’s Tract, all as shown on Exhibit “A”) and any other portions thereof for which Landlord is responsible to pay the real estate taxes.
ADDITIONAL RENT - TAXES. (1) For the purposes of this Section, "Tax Year" shall mean the twelve month period in use in the City of Boston for the purpose of imposing ad valorem taxes upon real property. In the event that said City changes the period of its tax year, "Tax Year" shall mean a twelve-month period commencing on the first day of such new tax year, and each twelve-month period commencing on an anniversary of such date during the Term of this lease. For purposes of this Section "the Property" shall mean the Lot and all improvements thereon from time to time, including the Building; and "the Factor" shall mean a fraction the
ADDITIONAL RENT - TAXES. In addition to Base Rent, commencing on the Sublease Commencement Date and continuing throughout the Term of this Sublease, Subtenant shall pay to Sublandlord any increases to operational expenses which Sublandlord is required to pay to Prime Landlord under Section 3 of the Seventh Amendment as a result of any new use of the Subleased Premises by Subtenant that increases operational expenses that have been built into the gross base rent under the Primary Lease. Subtenant shall pay before delinquency any and all taxes, assessments, licenses, fees and public charges levied, assessed or imposed and which become payable during the Term upon any fixtures, furniture, leasehold improvements, appliances and personal property installed or located in or about the Subleased Premises. To the extent Sublandlord is billed directly for the foregoing amounts, then Subtenant shall pay to Sublandlord the total of such amounts within thirty (30) days of receipt of invoice from Sublandlord, which invoice shall be accompanied by any invoice, documents or information relating to such amounts.
ADDITIONAL RENT - TAXES. Lessee agrees to pay as additional rent, a sum equal to EIGHTY-FIVE (85%) PERCENT of any increase in taxes over the base year on the property of which the demised Premises is a part. The base year is the Grand List of October 1, 1991. Any sum due as aforesaid shall be the additional rent for the tax year commencing July 1st payable in four equal quarterly installments (excepting insofar as the first tax year may be less than a twelve month period) commencing the following July 1st, but in any event, not more than thirty (30) days after notice of such tax increase has been delivered to the Lessee by the Lessor, in writing, pursuant to the provisions for notice hereinafter described, and which notice shall contain a computation arrived at hereunder and utilized in arriving at such tax rental. It is understood and agreed, however, that if, at any time during the term of this Lease, the methods of taxation prevailing at the commencement of the term hereof shall be altered so as to cause the whole or any part of the taxes, assessments levied, impositions or charges now or hereafter levied, assessed or imposed on real estate and the improvements thereon, or to be levied, assessed and imposed wholly or partially as a capital levy, or otherwise, on the rents received therefrom, or if any tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition, or charge, or any part thereof, shall be measured by or based in whole or in part upon the value of the leased Premises and shall be imposed upon the Lessor, then all such taxes, assessments, levies, impositions or charges, or the part thereof so measured or based shall be prorated in the manner specified above in the most equitable manner possible, as if such new or substituted levee or tax shall be part of any such tax in existence at the commencement of the term of this Lease, and the Lessee shall pay and discharge such portion thereof as set forth above.
ADDITIONAL RENT - TAXES. During the Term, commencing on July 1, 2007, Tenant shall pay to Landlord, as additional rent on account of Taxes, the product equal to (a) Tenant’s Rentable Floor Area multiplied by (b) the increase, if any, in Taxes per square foot of Xxxxxxxx Xxxxxxxx Xxxxx Xxxx for each calendar year (or ratable portion thereof) included in the Term over the Base Amount for Taxes set forth in Section 1.1 (or comparable ratable portion thereof for a partial year included in the Term). Taxes are described in Exhibit E.2. Such additional rent on account of Taxes shall be paid in advance in monthly installments on the first day of each calendar month in amounts reasonably estimated from time to time by Landlord (with any further payment by Tenant or refund to Tenant, as the case may be, to be made within forty-five (45) days following delivery of Landlord’s statement showing a revised estimate or the year-end determination of Taxes for the calendar year in question).
