Definition; Payment Clause Samples
Definition; Payment. Tenant shall pay to Landlord as additional rent, in the manner set forth in Paragraph 5.6, any and all real property taxes, excises, license and permit fees, utility levies and charges, and other governmental charges and assessments, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind and nature whatsoever, and installments thereof (including any business and occupation tax imposed on Landlord or the Development, and any tax imposed on the rents collected therefrom or on the income generated thereby, whether or not substituted in whole or in part for real property taxes, as well as assessments and any license fee imposed by a local governmental body on the collection of rent), which shall be levied or assessed against all or any portion of the Premises, or imposed on Landlord for any period during the term of this Lease, including the costs of any appeals or protests thereof (provided that any tax reductions effected by any such appeal or protest shall be offset against taxes otherwise assessed pursuant to this paragraph). Said real property taxes and assessments attributable to the years that this Lease commences and terminates shall, if necessary, be prorated and apportioned between Landlord and Tenant to coincide with the commencement and expiration of the Lease term. Landlord agrees to appeal the current tax assessment and provide Tenant copies of documentation and Tenant shall benefit by any reduction in real estate taxes and NNN charges in accordance with this Section.
Definition; Payment. The term "TAXES" shall mean and include all real and personal property taxes and special assessments which are assessed with respect to the Premises, the Tenant's Equipment and the Tenant's Improvements for the period commencing with the Commencement Date through the end of the Term, including, without limitation, payments made with respect to the Premises and/or the Site pursuant to any payment in lieu of tax (i.e., "pilot") agreement with any applicable taxing authority, exclusive of (a) taxes, assessments or charges, however characterized, including supplemental taxes, abatements, reassessments and deferments, payable with respect to periods prior to the Commencement Date, and (b) deferred, catch-up ad valorem or roll-back taxes applicable to the period prior to the Commencement Date. Such excluded amounts under (a) and (b) above shall be the responsibility of Landlord and paid by Landlord when due. If Tenant's obligation to pay Taxes shall cover a period that is less than a full tax year, then such Taxes shall be prorated on a daily basis. Landlord shall promptly provide to Tenant copies of each assessment or tax valuation notice received by Landlord affecting the Premises. Tenant shall be entitled to negotiate, at Tenant's sole expense, directly with the taxing authority regarding the tax valuation of any portion of the Premises, the Tenant's Equipment or the Tenant's Improvements. Tenant shall pay the Taxes as hereinafter provided.
