Common use of Betterment Assessments Clause in Contracts

Betterment Assessments. Tenant shall pay to Landlord Tenant's Share of each installment of any public, special or betterment assessment levied or assessed by or becoming payable to any municipality or other governmental authority having jurisdiction of the Premises, for or in respect of the Premises for each installment period partially or wholly included in the Initial Term and, if exercised, the Extension Terms, all such payments to be made not less than ten (10) days prior to the last date on which the same may be made without interest or penalty; provided that for any fraction of an installment period included in the Initial Term and Extension Terms, if exercised, at the beginning or end thereof, Tenant shall pay to Landlord the fraction of such installment allocable to such included period, which payment shall be due within ten (10) days after receipt of invoice therefor, but, with respect to a payment on account of a fraction of an installment period at the beginning of the Initial Term, such payment shall not be due prior to ten (10) days before such payment may be made without interest or penalty. Landlord shall elect to pay any such assessment in installments over the longest period permitted by law; provided that if such longest period is not at least (20) years, then Tenant shall only be obligated to pay Tenant's Share based upon one twentieth of such assessment for each year of the Term, beginning with the date the assessment is levied (unless the improvement which is the basis for the assessment has a useful life of less than twenty (20) years) and Landlord shall be obligated to pay any difference. Tenant may prosecute appropriate proceedings to contest the validity or amount of any assessment with respect to which Tenant is required to make payments as hereinbefore provided, such proceedings to be conducted jointly with any other parties, including Landlord, who have contributed to the payment of such assessments, and Tenant agrees to save Landlord harmless from all reasonable costs and reasonable expenses to the extent incurred on account of Tenant's participation in such proceedings. Landlord shall cooperate with Tenant with respect to such proceedings so far as reasonably necessary. Landlord shall promptly furnish to Tenant a copy of any notice of any public, special or betterment assessment received by landlord 16

Betterment Assessments. Tenant shall pay pay, directly to Landlord Tenant's Share of the authority charged with the collection thereof, each installment of any public, special or betterment assessment levied or assessed by or becoming payable to any municipality or other governmental authority having jurisdiction of the Premises, for or in respect of the Premises for each installment period partially or wholly included in the Initial Term Rent Period and, if exercised, exercised the Extension Terms, all such payments to be made not less than ten five (105) days prior to the last date on which the same may be made without interest or penalty; provided that penalty or fifteen (15) days after Xxxxxx’s receipt of the assessments bill, whichever is later. Landlord shall promptly furnish Tenant with copies of all bills for assessments levied or assessed after the Rent Commencement Date, and shall request such municipality or governmental authority to send all bills for assessments directly to Tenant. With respect to any fraction of an installment period included in the Initial Term Rent Period and the Extension Terms, if exercised, at the beginning or end thereof, Tenant shall pay to Landlord Landlord, within fifteen (15) days after receipt of a reasonably detailed invoice therefor, the fraction of such installment allocable to such included period, which payment shall be due within ten (10) days after receipt of invoice therefor, but, with respect to a payment on account of a fraction of an installment period at the beginning of the Initial Term, such payment shall not be due prior to ten (10) days before such payment may be made without interest or penalty. Landlord shall elect to pay any such assessment in installments over the longest period permitted by law; provided that if such longest period is not at least (20) years, then Tenant shall only be obligated promptly furnish to pay Tenant's Share based upon one twentieth Landlord reasonable evidence of such assessment for each year of payment. Without postponing the Termforegoing payment, beginning with the date the assessment is levied (unless the improvement which is the basis for the assessment has a useful life of less than twenty (20) years) and Landlord shall be obligated to pay any difference. Tenant may prosecute appropriate proceedings to contest the validity or amount of any assessment with respect to which Tenant is required to make payments as hereinbefore provided, such proceedings to be conducted jointly with any other parties, including Landlord, who have contributed to the payment of such assessments, and Tenant Xxxxxx agrees to save Landlord harmless from all reasonable costs and reasonable expenses to the extent incurred on account of Tenant's ’s participation in such proceedings. Landlord shall cooperate with Tenant with respect to such proceedings so far as reasonably necessary, at Xxxxxx’s cost and expense. Landlord shall promptly furnish to Tenant a copy of any notice of any public, special or betterment assessment received by landlord 16Landlord concerning the Premises. Tenant shall be entitled to all abatements, if any, of any assessment paid by Xxxxxx during the Rent Period and, if exercised, the Extension Terms.

Betterment Assessments. Tenant shall pay pay, directly to Landlord Tenant's Share of the authority charged with the collection thereof, each installment of any public, special or betterment assessment levied or assessed by or becoming payable to any municipality or other governmental authority having jurisdiction of the Premises, for or in respect of the Premises for each installment period partially or wholly included in the Initial Term Rent Period and, if exercised, exercised the Extension Terms, all such payments to be made not less than ten five (105) days prior to the last date on which the same may be made without interest or penalty; provided that penalty or fifteen (15) days after Xxxxxx’s receipt of the assessments bill, whichever is later. Landlord shall promptly furnish Tenant with copies of all bills for assessments levied or assessed after the Rent Commencement Date, and shall request such municipality or governmental authority to send all bills for assessments directly to Tenant. With respect to any fraction of an installment period included in the Initial Term Rent Period and the Extension Terms, if exercised, at the beginning or end thereof, Tenant shall pay to Landlord Landlord, within fifteen (15) days after receipt of a reasonably detailed invoice therefor, the fraction of such installment allocable to such included period, which payment shall be due within ten (10) days after receipt of invoice therefor, but, with respect to a payment on account of a fraction of an installment period at the beginning of the Initial Term, such payment shall not be due prior to ten (10) days before such payment may be made without interest or penalty. Landlord shall elect to pay any such assessment in installments over the longest period permitted by law; provided that if such longest period is not at least (20) years, then Tenant shall only be obligated promptly furnish to pay Tenant's Share based upon one twentieth Landlord reasonable evidence of such assessment for each year of payment. Without postponing the Termforegoing payment, beginning with the date the assessment is levied (unless the improvement which is the basis for the assessment has a useful life of less than twenty (20) years) and Landlord shall be obligated to pay any difference. Tenant may prosecute appropriate proceedings to contest the validity or amount of any assessment with respect to which Tenant is required to make payments as hereinbefore provided, such proceedings to be conducted jointly with any other parties, including Landlord, who have contributed to the payment of such assessments, and Tenant Xxxxxx agrees to save Landlord harmless from all reasonable costs and reasonable expenses to the extent incurred on account of Tenant's ’s participation in such proceedings. Landlord shall cooperate with Tenant with respect to such proceedings so far as reasonably necessary, at Xxxxxx’s cost and expense. Landlord shall promptly furnish to Tenant a copy of any notice of any public, special or betterment assessment received by landlord 16Landlord concerning the Premises. Tenant shall be entitled to all abatements, if any, of any assessment paid by Xxxxxx during the Rent Period and, if exercised the Extension Terms.

Betterment Assessments. Tenant shall pay pay, directly to Landlord Tenant's Share of the authority charged with the collection thereof, each installment of any all public, special or betterment assessment levied or assessed by or becoming payable to any municipality or other governmental authority having jurisdiction of the Premises, for or in respect of the Premises for each installment period partially or wholly included in the Initial Term and, if exercised, the Extension TermsTerm, all such payments to be made not less than ten five (105) days prior to the last date on which the same may be made without interest or penalty; provided, however, that Tenant shall not be required to pay any such assessment resulting from work done by the municipality or other governmental authority which is set forth in EXHIBIT C (including Tenant's Plans incorporated into EXHIBIT C pursuant to Section 3.1) as Improvement Work and provided also that for any fraction of an installment period included in the Initial Term and Extension Terms, if exercised, at the beginning or end thereof, Tenant shall pay to Landlord the fraction of such installment allocable to such included periodLandlord, which payment shall be due within ten (10) days after receipt of invoice therefor, but, with respect to a payment on account of a the fraction of an such installment period at the beginning of the Initial Term, allocable to such payment shall not be due prior to ten (10) days before such payment may be made without interest or penaltyincluded period. Landlord shall elect to pay any such assessment in installments over the longest period permitted by law; provided that if such longest period is not at least (20) years, then Tenant shall only be obligated promptly after payment thereof furnish to pay Tenant's Share based upon one twentieth Landlord reasonable evidence of each such assessment for each year of payment. Without postponing the Termforegoing payments, beginning with the date the assessment is levied (unless the improvement which is the basis for the assessment has a useful life of less than twenty (20) years) and Landlord shall be obligated to pay any difference. Tenant may prosecute appropriate proceedings to contest the validity or amount of any assessment with respect to which Tenant is required to make payments as hereinbefore provided, such proceedings to be conducted jointly with any other parties, including Landlord, who have contributed to the payment of such assessments, and Tenant agrees to save Landlord harmless from all reasonable costs and reasonable expenses to the extent incurred on account of Tenant's participation in such proceedings. Landlord Landlord, without obligating itself to incur any costs or expenses in connection faith such proceedings, shall cooperate with Tenant with respect to such proceedings so far as reasonably necessary. Landlord shall promptly furnish to Tenant a copy of any notice of any public, special or betterment assessment received by landlord 16Landlord concerning the Premises. Any refunds received on account of any assessment paid by Tenant shall belong to Tenant.