Exclusions from Real Estate Taxes Sample Clauses

Exclusions from Real Estate Taxes. Notwithstanding the generality of the immediately preceding paragraph, the following will not form part of Real Estate taxes and will not be paid by the tenant: any federal or provincial capital taxes levied or assessed from time to time upon Landlord and payable by Landlord (or any corporation acting on behalf of landlord) on account of its ownership of the property.
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Exclusions from Real Estate Taxes. Real Estate Taxes shall include any tax, levy, or other charge on, against, or with respect to Landlord's interest hereunder or on, against, or with respect to ownership interests in the Leased Premises. Real Estate Taxes shall not include: (i) general gross receipts taxes; (ii) franchise taxes; or (iii) income taxes. Notwithstanding anything to the contrary set forth herein, if any governmental authority imposes a general gross receipts tax, a franchise tax, an income tax, or a tax on rents, any or all or which are adopted or enacted, as evidenced by the provisions of the Applicable Laws or the legislative history, in substitution for a real estate tax or assessment levied on, against, or with respect to: (i) Landlord's interest hereunder; or (ii) ownership interests in the Leased Premises; then such taxes, levies, or other charges (the "Substitute Tax(es)") shall be deemed to constitute Real Estate Taxes hereunder. If a Substitute Tax is enacted, then Tenant shall pay all Real Estate Taxes remaining in effect, notwithstanding the enactment of the Substitute Tax, plus all Substitute Taxes; provided that: (i) the aggregate amount of: (A) the Real Estate Taxes payable by Tenant during any year; plus (B) the Substitute Taxes payable by Tenant during that year; shall not exceed the amount of the Real Estate Taxes payable by Tenant during the year before the Substitute Tax first is payable by Tenant (the "Tax Payment Base"); and (ii) the Tax Payment Base shall be increased annually, on a compounded basis, by the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, U.S. Cities Average, All Items (Base Year 1982-84=100), from the prior year. The obligations of Tenant hereunder with respect to the payment of Real Estate Taxes levied during the final calendar year of the Lease Term shall survive the termination of this Lease.
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Exclusions from Real Estate Taxes. Tenant's Proportionate Share of Real Estate Taxes shall not include: (i) any administrative or management fees; (ii) any late fees and/or interest charged for Landlord's failure to timely pay any Real Estate Taxes when due; (iii) any assessments for the personal property, furniture or equipment of any other tenant of the Shopping Center or for any personal property, furniture or equipment located in a vacant space within the Shopping Center that does not serve the general benefit of the Shopping Center; and/or (iv) any franchise, margin, business license, gross receipt, capital stock, income, estate or inheritance taxes.
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Exclusions from Real Estate Taxes. The following items shall be excluded from the real estate taxes which Tenant is responsible for reimbursing Landlord, set forth in Section 14 of the Lease, notwithstanding anything to the contrary contained in the Lease:
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Related to Exclusions from Real Estate Taxes

  • Real Estate Taxes For each Tax Year falling within the Term, Tenant shall pay to Landlord, as Additional Rent, the Landlord's Tax Expenses Allocable to the Premises for such corresponding Tax Year, and for each fraction of a Tax Year falling within the Term at the beginning or end thereof, Tenant shall pay to Landlord, as Additional Rent, the product of (i) such Applicable fraction of a Tax Year and (ii) the Landlord's Tax Expenses Allocable to the Premises for the Tax Year in which said fraction occurs. Not later than ninety (90) days after Landlord's Tax Expenses Allocable to the Premises are determined for the first such Tax Year or fraction thereof and for each succeeding Tax Year or fraction thereof during the Term, Landlord shall render Tenant a statement in reasonable detail certified by a representative of Landlord showing for the preceding year or fraction thereof, as the case may be, real estate taxes on the Buildings and the Site and abatements and refunds of any taxes and assessments. Expenditures for legal fees and for other expenses incurred in seeking the tax refund or abatement may be charged against the tax refund or abatement before the adjustments are made for the Tax Year. Said statement to be rendered to Tenant shall also show for the preceding Tax Year or fraction thereof as the case may be the amounts of real estate taxes already paid by Tenant as Additional Rent, and the amount of real estate taxes remaining due from, or overpaid by, Tenant for the year or other period covered by the statement. Within thirty (30) days after the date of delivery of the foregoing statement, Tenant shall pay to Landlord the balance of the amounts, if any, required to be paid pursuant to the above provisions of this Section 2.7 with respect to the preceding Tax Year or fraction thereof, or Landlord shall credit any amounts due from it to Tenant pursuant to the provisions of this Section 2.7 against (x) monthly installments of fixed rent next thereafter coming due or (y) any sums then due from Tenant to Landlord under this Lease (or refund such portion of the over-payment as aforesaid if the Term has ended and Tenant has no further obligation to Landlord). In the event Landlord succeeds in obtaining a reduction of such real estate taxes, rates or assessments with respect to a real estate tax fiscal year as to which Tenant contributed Tenant's share of Landlord's Tax Expenses, then, Tenant shall be entitled to receive its proportionate share of the net amount of any refund received or reduction obtained by Landlord to the extent allocable to the Term of this Lease. Tenant's entitlement to such refund amount shall survive the expiration of the Term. Landlord will, upon the written request of Tenant, who together with other tenants lease at least fifty (50%) of the Total Rentable Floor Area of the Complex, at Landlord's election either (i) apply for an abatement of real estate taxes or (ii) allow such tenants to apply for abatements in their own name, or in Landlord's name, at their own cost (subject to such tenants' right to recover such costs on a first dollar basis from the abatement proceeds, if any). If such tenants apply for an abatement of real estate taxes, then Landlord shall have the right to be involved in each step of the abatement process, including, without limitation, Landlord's right to approve all filings in connection with such abatement proceedings (such approval not to be unreasonably withheld) and the right to attend all meetings between Tenant and its representatives and the representatives of the Town of Bedford. In addition, payments by Tenant on account of Landlord's Tax Expenses Allocable to the Premises anticipated for the then current year shall be made monthly at the time and in the fashion herein provided for the payment of fixed rent. The amount so to be paid to Landlord shall be an amount reasonably estimated by Landlord to be sufficient to provide Landlord, in the aggregate, a sum equal to Landlord's Tax Expenses Allocable to the Premises, at least ten (10) days before the day on which such payments by Landlord would become delinquent. To the extent that real estate taxes shall be payable to the taxing authority in installments with respect to periods less than a Tax Year, the foregoing statement shall be rendered and payments made on account of such installments. Terms used herein are defined as follows:

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to:

  • Real Estate Taxes and Assessments Xxxxx is aware that all property is subject to the possibility of reassessment which may result in increased real estate taxes.

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