Common use of FORM OF TRANSACTION; CERTAIN TAX MATTERS Clause in Contracts

FORM OF TRANSACTION; CERTAIN TAX MATTERS. (a) Landlord and Tenant hereby agree and declare that the transactions contemplated by this Lease are intended to constitute, both as to matters of form and substance: (i) an operating lease for financial accounting and securities regulatory purposes, and (ii) a financing arrangement (and not a "true lease") for Federal, state and local income tax purposes. Accordingly, and notwithstanding any other provision of this Lease to the contrary, Landlord and Tenant agree and declare that (A) the transactions contemplated hereby are intended to have a dual, rather than single, form and (B) all references in this Lease to the "Lease" of the Premises which fail to reference such dual form do so as a matter of convenience only and do not reflect the intent of Landlord and Tenant as to the true form of such arrangements. (b) Landlord and Tenant agree that, in accordance with their intentions and the substance of the transactions contemplated hereby, Tenant (and not Landlord) shall be treated as the owner of the Premises for Federal, state, and local income tax purposes and this Lease shall be treated as a financing arrangement. Tenant shall be entitled to take any deduction, credit allowance or other reporting, filing or other tax position consistent with such characterizations. Landlord and Tenant shall not file any Federal, state or local income tax returns, reports or other statements, or take any other actions, in a manner which is inconsistent with the foregoing provisions of this Section 21.2. (c) Each party acknowledges that it has retained accounting, tax and legal advisors to assist it in structuring this Lease and neither party is relying on any representations of the other regarding the proper treatment of this transaction for accounting, income tax or any other purpose. Nothing in this Section 21.2(c) shall increase or diminish any liability or obligation of the parties that otherwise exists pursuant to this Lease.

FORM OF TRANSACTION; CERTAIN TAX MATTERS. (a) Landlord and Tenant hereby agree and declare that the transactions contemplated by this Lease are intended to constitute, both as to matters of form and substance: (i) an operating lease for financial accounting and securities regulatory purposes, and (ii) a financing arrangement secured by the Parcels (and not a "“true lease"”) for purposes of Federal, state and local income tax tax, commercial law and other legal purposes, including bankruptcy. Accordingly, and notwithstanding any other provision of this Lease to the contrary, Landlord and Tenant agree and declare that (A) the transactions contemplated hereby are intended to have a dual, rather than single, form and (B) all references in this Lease to the "“Lease" ” of the Premises Parcels which fail to reference such dual form do so as a matter of convenience only and do not reflect the intent of Landlord and Tenant as to the true form of such arrangements. (b) Landlord and Tenant agree that, in accordance with their intentions and the substance of the transactions contemplated hereby, Tenant (and not Landlord) shall be treated as the owner of the Premises Parcels for Federal, state, and local income tax purposes and this Lease shall be treated as a financing arrangementarrangement secured by the Parcels. Tenant shall be entitled to take any deduction, credit allowance or other reporting, filing or other tax position consistent with such characterizations. Landlord and Tenant shall not file any Federal, state or local income tax returns, reports or other statements, or take any other actions, statements in a manner which is inconsistent with the foregoing provisions of this Section 21.2. (c) Each party Tenant acknowledges that it has retained accounting, tax and legal advisors to assist it in structuring this Lease and neither party Tenant is not relying on any advice from or representations of the other Landlord regarding the proper treatment of this transaction for accounting, income tax or any other purpose. Nothing in this Section 21.2(c) shall increase or diminish any liability or obligation of the parties that otherwise exists pursuant to this Lease.

FORM OF TRANSACTION; CERTAIN TAX MATTERS. (a) Landlord and Tenant hereby agree and declare that the transactions contemplated by this Lease are intended to constitute, both as to matters of form and substance: (i) an operating lease for financial accounting and securities regulatory purposes, and (ii) a financing arrangement (and not a "true lease") for purposes of Federal, state and local income tax purposesincome, property or other forms of tax. Accordingly, and notwithstanding any other provision of this Lease to the contrary, Landlord and Tenant agree and declare that (A) the transactions contemplated hereby are intended to have a dual, rather than single, form and (B) all references in this Lease to the "Lease" of the Premises which fail to reference such dual form do so as a matter of convenience only and do not reflect the intent of Landlord and Tenant as to the true form of such arrangements. (b) Landlord and Tenant agree that, in accordance with their intentions and the substance of the transactions contemplated hereby, Tenant (and not Landlord) shall be treated as the owner of the Premises for Federal, state, and local income and property tax purposes and this Lease shall be treated as a financing arrangement. Tenant shall be entitled to take any deduction, credit allowance or other reporting, filing or other tax position consistent with such characterizations. Landlord and Tenant shall not file any Federal, state or local income tax returns, reports or other statements, or take any other actions, statements in a manner which is inconsistent with the foregoing provisions of this Section 21.2SECTION 22.2. (c) Each party Tenant acknowledges that it has retained accounting, tax and legal advisors to assist it in structuring this Lease and neither party Tenant is not relying on any representations of the other Landlord regarding the proper treatment of this transaction for accounting, income tax or any other purpose. Nothing in this Section 21.2(c) shall increase or diminish any liability or obligation of the parties that otherwise exists pursuant to this LeasePurpose.

FORM OF TRANSACTION; CERTAIN TAX MATTERS. (a) Landlord and Tenant hereby agree and declare that the transactions contemplated by this Lease are intended to constitute, both as to matters of form and substance: (i) an operating lease for financial accounting and securities regulatory purposes, and (ii) a financing arrangement (and not a "true lease") for purposes of Federal, state and local income tax purposesincome, property or other forms of tax. Accordingly, and notwithstanding any other provision of this Lease to the contrary, Landlord and Tenant agree and declare that (A) the transactions contemplated hereby are intended to have a dual, rather than single, form and (B) all references in this Lease to the "Lease" of the Premises which fail to reference such dual form do so as a matter of convenience only and do not reflect the intent of Landlord and Tenant as to the true form of such arrangements. (b) Landlord and Tenant agree that, in accordance with their intentions and the substance of the transactions contemplated hereby, Tenant (and not Landlord) shall be treated as the owner of the Premises for Federal, state, and local income and property tax purposes and this Lease shall be treated as a financing arrangement. Tenant shall be entitled to take any deduction, credit allowance or other reporting, filing or other tax position consistent with such characterizations. Landlord and Tenant shall not file any Federal, state or local income tax returns, reports or other statements, or take any other actions, statements in a manner which is inconsistent with the foregoing provisions of this Section 21.218.2. (c) Each party Tenant acknowledges that it has retained accounting, tax and legal advisors to assist it in structuring this Lease and neither party Tenant is not relying on any representations of the other Landlord regarding the proper treatment of this transaction for accounting, income tax or any other purpose. Nothing in this Section 21.2(c) shall increase or diminish any liability or obligation of the parties that otherwise exists pursuant to this Lease.