Common use of Collectively Clause in Contracts

Collectively. all taxes (including, without limitation, all personal property, sales and use (including sales, rent or occupancy taxes on Rent), single business, gross receipts, transaction, privilege, rent or similar taxes as the same relate to or are imposed upon Lessee, its personal property or its business conducted upon the Leased Property), assessments (including, without limitation, all assessments for public improvements or benefit, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the Term), water, sewer or other rents and charges, excises, tax inspection, authorization and similar fees and all other governmental charges, in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen, of every character in respect of the Leased Property or the business conducted thereon by Lessee (including all interest and penalties thereon caused by any failure in payment by Lessee), which at any time prior to, during or with respect to the Term may be assessed or imposed on or with respect to or be a lien upon (a) Lessor's interest in the Leased Property, (b) the Leased Property or any part thereof or any rent therefrom or any estate, right, title or interest therein, or (c) any occupancy, operation, use or possession of, or sales from, or activity conducted on or in connection with the Leased Property or any part thereof or the leasing or use of the Leased Property or any part thereof by Lessee. Notwithstanding the foregoing, Impositions shall not include (1) any Real Estate Taxes on the Leased Property, (2) any personal property taxes on Lessor's personal property, (3) any tax based on net income (whether denominated as an income, franchise or capital stock or other tax) imposed on Lessor or any other Person other than Lessee and Affiliates of Lessee, (4) any net revenue tax of Lessor or any other Person (other than Lessee or an Affiliate of Lessee), (5) all rent under Ground Leases, (6) any tax imposed with respect to the sale, exchange or other disposition by Lessor of any Leased Property or the proceeds thereof, or (7) any single business, gross receipts (other than a tax on any rent received by Lessor from Lessee), transaction, privilege or similar taxes as the same relate to or are imposed upon Lessor, except to the extent that any tax, assessment, tax levy or charge that Lessee is obligated to pay pursuant to the first sentence of this definition, and that is in effect any time during the Term hereof, is totally or partially repealed, and a tax, assessment, tax levy or charge set forth in clauses (1) through (7) is levied, assessed or imposed expressly in lieu thereof.

Appears in 2 contracts

Samples: Percentage Lease Agreement (Boykin Lodging Co), Percentage Lease Agreement (Red Lion Inns Limited Partnership)

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Collectively. all taxes (including, without limitation, all personal propertyad valorem, sales and use (including sales, rent or occupancy taxes on Rent)use, single business, gross receipts, transaction, transaction privilege, rent or similar taxes as the same relate to or are imposed upon Lessee, its personal property Lessee or its business conducted upon the Leased Property), assessments (including, without limitation, all assessments under private covenants and for public improvements or benefit, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the Term), water, sewer or other rents and charges, excises, tax inspection, authorization and similar fees and all other governmental charges, in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen, of every character in respect of the Leased Property or the business conducted thereon by Lessee (including all interest and penalties thereon caused by any failure in payment by Lessee), which at any time prior to, during or with respect to the Term hereof may be assessed or imposed on or with respect to or be a lien upon (a) Lessor's interest in the Leased Property, (b) the Leased Property Property, or any part thereof or any rent therefrom or any estate, right, title or interest therein, or (c) any occupancy, operation, use or possession of, or sales from, or activity conducted on or in connection with the Leased Property or any part thereof Property, or the leasing or use of the Leased Property or any part thereof by Lessee. Notwithstanding the foregoing, Nothing contained in this definition of Impositions shall not include be construed to require Lessee to pay (1) any Real Estate Taxes on the Leased Property, (2) any personal property taxes on Lessor's personal property, (3) any tax based on net income (whether denominated as an income, a franchise or capital stock or other tax) imposed on Lessor or any other Person other than Lessee and Affiliates of Lesseeperson, or (42) any net revenue tax of Lessor or any other Person person, or (other than Lessee or an Affiliate of Lessee), (5) all rent under Ground Leases, (63) any tax imposed with respect to the sale, exchange or other disposition by Lessor of any the Leased Property or the proceeds thereof, or (74) any single business, gross receipts (other than a tax on any rent received by Lessor from Lessee), transaction, privilege or similar taxes as the same relate to or are imposed upon Lessor, except to the extent that any tax, assessment, tax levy or charge that Lessee is obligated to pay pursuant to the first sentence of this definition, definition and that is in effect at any time during the Term hereof, hereof is totally or partially repealed, and a tax, assessment, tax levy or charge set forth in clauses clause (1) through or (72) is levied, assessed or imposed expressly in lieu thereof.

Appears in 1 contract

Samples: Lease Agreement (Highland Hospitality Corp)

Collectively. all taxes (including, without limitation, all personal propertyad valorem, sales and use (including sales, rent or occupancy taxes on Rent)use, single business, gross receipts, transaction, transaction privilege, rent or similar taxes as the same relate to or are imposed upon Lessee, its personal property Lessee or its business conducted upon the Leased Property), assessments (including, without limitation, all assessments under private covenants and for public improvements or benefit, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the Term), water, sewer or other rents and charges, excises, tax inspection, authorization and similar fees and all other governmental charges, in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen, of every character in respect of the Leased Property or the business conducted thereon by Lessee (including all interest and penalties thereon caused by any failure in payment by Lessee), which at any time prior to, during or with respect to the Term hereof may be assessed or imposed on or with respect to or be a lien upon (a) Lessor's interest in the Leased Property, (b) the Leased Property Property, or any part thereof or any rent therefrom or any estate, right, title or interest therein, or (c) any occupancy, operation, use or possession of, or sales from, or activity conducted on or in connection with the Leased Property or any part thereof Property, or the leasing or use of the Leased Property or any part thereof by Lessee. Notwithstanding the foregoing, Nothing contained in this definition of Impositions shall not include be construed to require Lessee to pay (1) any Real Estate Taxes on the Leased Property, (2) any personal property taxes on Lessor's personal property, (3) any tax based on net income (whether denominated as an income, a franchise or capital stock or other tax) imposed on Lessor or any other Person other than Lessee and Affiliates of Lesseeperson, or (42) any net revenue tax of Lessor or any other Person person, or (other than Lessee or an Affiliate of Lessee), (5) all rent under Ground Leases, (63) any tax imposed with respect to the sale, exchange or other disposition by Lessor of any Leased Property or the proceeds thereof, or (74) any single business, gross receipts (other than a tax on any rent received by Lessor from Lessee), transaction, privilege or similar taxes as the same relate to or are imposed upon Lessor, except to the extent that any tax, assessment, tax levy or charge that Lessee is obligated to pay pursuant to the first sentence of this definition, definition and that is in effect at any time during the Term hereof, hereof is totally or partially repealed, and a tax, assessment, tax levy or charge set forth in clauses clause (1) through or (72) is levied, assessed or imposed expressly in lieu thereof.

Appears in 1 contract

Samples: Master Lease Agreement (Winston Hotels Inc)

Collectively. all taxes (including, without limitation, all personal propertyad valorem, sales and use (including sales, rent or occupancy taxes on Rent)use, single business, gross receipts, transaction, transaction privilege, rent or similar taxes as the same relate to or are imposed upon Lessee, its personal property Lessee or its business conducted upon the Leased Property), assessments (including, without limitation, all assessments under private covenants and for public improvements or benefit, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the Term), water, sewer or other rents and charges, excises, tax inspection, authorization and similar fees and all other governmental charges, in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen, of every character in respect of the Leased Property or the business conducted thereon by Lessee (including all interest and penalties thereon caused by any failure in payment by Lessee), which at any time prior to, during or with respect to the Term hereof may be assessed or imposed on or with respect to or be a lien upon (a) Lessor's ’s interest in the Leased Property, (b) the Leased Property Property, or any part thereof or any rent therefrom or any estate, right, title or interest therein, or (c) any occupancy, operation, use or possession of, or sales from, or activity conducted on or in connection with the Leased Property or any part thereof Property, or the leasing or use of the Leased Property or any part thereof by Lessee. Notwithstanding the foregoing, Nothing contained in this definition of Impositions shall not include be construed to require Lessee to pay (1) any Real Estate Taxes on the Leased Property, (2) any personal property taxes on Lessor's personal property, (3) any tax based on net income (whether denominated as an income, a franchise or capital stock or other tax) imposed on Lessor or any other Person other than Lessee and Affiliates of Lesseeperson, or (42) any net revenue tax of Lessor or any other Person person, or (other than Lessee or an Affiliate of Lessee), (5) all rent under Ground Leases, (63) any tax imposed with respect to the sale, exchange or other disposition by Lessor of any the Leased Property or the proceeds thereof, or (74) any single business, gross receipts (other than a tax on any rent received by Lessor from Lessee), transaction, privilege or similar taxes as the same relate to or are imposed upon Lessor, except to the extent that any tax, assessment, tax levy or charge that Lessee is obligated to pay pursuant to the first sentence of this definition, definition and that is in effect at any time during the Term hereof, hereof is totally or partially repealed, and a tax, assessment, tax levy or charge set forth in clauses clause (1) through or (72) is levied, assessed or imposed expressly in lieu thereof.

Appears in 1 contract

Samples: Lease Agreement (Highland Hospitality Corp)

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Collectively. all taxes (including, without limitation, all personal property, sales and use (including sales, rent or occupancy taxes on Rent), single business, gross receipts, transaction, privilege, rent or similar taxes as the same relate to or are imposed upon Lessee, its personal property or its business conducted upon the Leased Property), assessments (including, without limitation, all assessments for public improvements or benefit, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the Term), water, sewer or other rents and charges, excises, tax inspection, authorization and similar fees and all other governmental charges, in each case whether general or special, ordinary or extraordinary, or foreseen or unforeseen, of every character in respect of the Leased Property or the business conducted thereon by Lessee (including all interest and penalties thereon caused by any failure in payment by Lessee), which at any time prior to, during or with respect to the Term may be assessed or imposed on or with respect to or be a lien upon (a) Lessor's interest in the Leased Property, (b) the Leased Property Property, or any part thereof or any rent therefrom or any estate, right, title or interest therein, or (c) any occupancy, operation, use or possession of, or sales from, or activity conducted on or in connection with the Leased Property or any part thereof Property, or the leasing or use of the Leased Property or any part thereof by Lessee. Notwithstanding the foregoing, Impositions shall not include (1) any Real Estate Taxes on the Leased Property, (2) any personal property taxes on Lessor's personal property, (3) any tax based on net income (whether denominated as an income, franchise or capital stock or other tax) imposed on Lessor or any other Person other than Lessee and Affiliates of Lessee, (4) any net revenue tax of Lessor or any other Person (other than Lessee or an Affiliate of Lessee), (5) all rent under Ground Leases, (6) any tax imposed with respect to the sale, exchange or other disposition by Lessor of any Leased Property or the proceeds thereof, or (76) any single business, gross receipts (other than a tax on any rent received by Lessor from Lessee), transaction, privilege or similar taxes as the same relate to or are imposed upon Lessor, except to the extent that any tax, assessment, tax levy or charge that Lessee is obligated to pay pursuant to the first sentence of this definition, and that is in effect any time during the Term hereof, is totally or partially repealed, and a tax, assessment, tax levy or charge set forth in clauses clause (1) through (76) is levied, assessed or imposed expressly in lieu thereof.

Appears in 1 contract

Samples: Percentage Lease Agreement (Boykin Lodging Trust Inc)

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