Impositions Defined. IMPOSITIONS" means all taxes, assessments, use and occupancy taxes, water, storm water and sewer charges, rates and rents, charges for public utilities, excises, levies, license and permit fees, and other charges by any public authority, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, including penalties levied for failure by Tenant to pay any of same in a timely manner, which shall or may during the Term be assessed, levied, charged, confirmed or imposed by any Governmental Authority (defined below) upon (a) the Premises or any part thereof, (b) the buildings or improvements now or hereafter comprising a part thereof, (c) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (d) the rent and income received by or for the account of Tenant from any sublessees or for any use or occupation of the Premises, (e) such franchises, licenses, and permits as may be pertinent to the use of the Premises, or (f) any documents to which the Tenant is a party creating or transferring an interest or estate in the Premises; in each case, only to the event the same are attributable to the Premises. Impositions shall not include any income tax, capital levy, estate, succession, inheritance or transfer taxes, or similar tax of Landlord; any franchise tax imposed upon any owner of the fee of the Premises; or any income, profits, or revenue tax, assessment, or charge imposed upon the rent or other benefit received by Landlord under this Lease by any municipality, county, state, the United States of America, or any other governmental body, subdivision, agency, or authority (all of such foregoing governmental bodies are collectively referred to herein as "GOVERNMENTAL AUTHORITIES"). If at any time during the Term the present method of taxation shall be so changed that the whole or any part of the taxes, assessments, levies, impositions or charges now levied, assessed or imposed on real estate and improvements thereon (herein collectively called "AD VALOREM TAXES") shall be discontinued and in whole or partial substitution therefor, taxes, assessments, levies, impositions, or charges shall be levied, assessed, and/or imposed wholly or partially as a capital levy or otherwise on the rents received from real estate or the Rents reserved herein or any part thereof, then such substitute taxes, assessments, levies, impositions, or charges (herein collectively called "SUBSTITUTE TAXES"), to the extent so levied, assessed, or imposed, shall be deemed to be included within the term "Impositions." Notwithstanding the foregoing, if a discontinuance occurs as to only a portion of Ad Valorem Taxes and the substitution therefor provided in the immediately preceding sentence has occurred, then if the remaining Ad Valorem Taxes are subsequently reduced, then the amounts that Tenant is required to pay with respect to Substitute Taxes shall be reduced by an amount equal to the fraction, the numerator of which is the amount of the reduction in the remaining portion of Ad Valorem Taxes over the amount of Ad Valorem Taxes immediately prior to such reduction.
Appears in 3 contracts
Samples: Lease Agreement (Group 1 Automotive Inc), Lease Agreement (Group 1 Automotive Inc), Lease Agreement (Group 1 Automotive Inc)
Impositions Defined. IMPOSITIONS" “Impositions” means all taxes, assessments, use and occupancy taxes, water, storm water and sewer charges, rates and rents, charges for public utilities, excises, levies, license and permit fees, and other charges by any public authority, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, including penalties levied for failure by Tenant to pay any of same in a timely manner, which shall or may during the Term be assessed, levied, charged, confirmed or imposed by any Governmental Authority (defined below) upon (a) the Premises or any part thereof, (b) the buildings or improvements now or hereafter comprising a part thereof, (c) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (d) the rent and income received by or for the account of Tenant from any sublessees or for any use or occupation of the Premises, (e) such franchises, licenses, and permits as may be pertinent to the use of the Premises, or (f) any documents to which the Tenant is a party creating or transferring an interest or estate in the Premises; in each case, only to the event the same are attributable to the Premises. Impositions shall not include any income tax, capital levy, estate, succession, inheritance or transfer taxes, or similar tax of Landlord; any franchise tax imposed upon any owner of the fee of the Premises; or any income, profits, or revenue tax, assessment, or charge imposed upon the rent or other benefit received by Landlord under this Lease by any municipality, county, state, the United States of America, or any other governmental body, subdivision, agency, or authority (all of such foregoing governmental bodies are collectively referred to herein as "GOVERNMENTAL AUTHORITIES"“Governmental Authorities”). If at any time during the Term the present method of taxation shall be so changed that the whole or any part of the taxes, assessments, levies, impositions or charges now levied, assessed or imposed on real estate and improvements thereon (herein collectively called "AD VALOREM TAXES"“Ad Valorem Taxes”) shall be discontinued and in whole or partial substitution therefor, taxes, assessments, levies, impositions, or charges shall be levied, assessed, and/or imposed wholly or partially as a capital levy or otherwise on the rents received from real estate or the Rents reserved herein or any part thereof, then such substitute taxes, assessments, levies, impositions, or charges (herein collectively called "SUBSTITUTE TAXES"“Substitute Taxes”), to the extent so levied, assessed, or imposed, shall be deemed to be included within the term "“Impositions." ” Notwithstanding the foregoing, if a discontinuance occurs as to only a portion of Ad Valorem Taxes and the substitution therefor provided in the immediately preceding sentence has occurred, then if the remaining Ad Valorem Taxes are subsequently reduced, then the amounts that Tenant is required to pay with respect to Substitute Taxes shall be reduced by an amount equal to the fraction, the numerator of which is the amount of the reduction in the remaining portion of Ad Valorem Taxes over the amount of Ad Valorem Taxes immediately prior to such reduction.
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Impositions Defined. IMPOSITIONSThe term "Impositions" means shall mean all ------------------- taxes, assessments, use and occupancy taxes, water, storm water and sewer charges, rates and rents, charges for public utilities, excises, levies, license and permit fees, and all other charges by any public authority, general and special, ordinary and extraordinary, foreseen and unforeseen, authority of any kind and nature whatsoever, including penalties levied for failure by Tenant to pay any of same in a timely manner, which shall or may during the Term be assessed, levied, charged, confirmed or imposed by any Governmental Authority public authority upon or accrued or which may become a lien on (defined belowi) upon (a) the Premises or any part thereof, (b) the buildings or improvements now or hereafter comprising a part thereof, (c) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (d) the rent and income received by or for the account of Tenant from any sublessees or for any use or occupation of the Premises, the Improvements, and Tenant's furniture, fixtures, equipment and other personal property located in, on or at the Premises; (eii) such franchises, licenses, and permits as may be pertinent to the use of the Premises, ; or (fiii) any documents to which the Tenant is a party creating or transferring an interest or estate in the Premises; in each case, only to the event the same are attributable to the Premises. Impositions shall not include any income tax, capital levy, estate, succession, inheritance or transfer taxes, or similar tax of Landlord; any franchise tax imposed upon any owner of the fee of the Premises; or any income, profits, or revenue tax, assessment, or charge imposed upon the rent or other any benefit received by Landlord under this Lease Agreement by any municipality, county, state, the United States of America, or any other governmental body, subdivision, agency, or authority Governmental Entity (all of such foregoing governmental bodies are collectively referred to herein as "GOVERNMENTAL AUTHORITIES"hereinafter defined). If at any time during the Term Term, the present method of taxation shall be so changed that the whole or any part of the taxes, assessments, levies, impositions or charges Impositions now levied, assessed or imposed on real estate and improvements thereon (herein collectively called "AD VALOREM TAXES") the Land shall be discontinued and in whole or partial substitution therefor, taxes, assessments, levies, impositions, or charges shall be levied, assessed, and/or imposed wholly or partially as a capital levy or otherwise on the rents received from real estate the Land or the Rents rents reserved herein or any part thereof, then such substitute taxes, assessments, levies, impositions, or charges (herein collectively called "SUBSTITUTE TAXES")charges, to the extent so levied, assessed, or imposed, shall be deemed to be included within the term "Impositions"." Notwithstanding the foregoing, if a discontinuance occurs as to only a portion of Ad Valorem Taxes and the substitution therefor provided in the immediately preceding sentence has occurred, then if the remaining Ad Valorem Taxes are subsequently reduced, then the amounts that Tenant is required to pay with respect to Substitute Taxes shall be reduced by an amount equal to the fraction, the numerator of which is the amount of the reduction in the remaining portion of Ad Valorem Taxes over the amount of Ad Valorem Taxes immediately prior to such reduction.
Appears in 1 contract
Samples: Ground Lease (Borden Chemicals & Plastics Limited Partnership /De/)
Impositions Defined. IMPOSITIONS" means all taxes, assessments, use and occupancy taxes, water, storm water and sewer charges, rates and rents, charges for public utilities, excises, levies, license and permit fees, and other charges by any public authority, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, including penalties levied for failure by Tenant to pay any of same in a timely manner, which shall or may during the Term be assessed, levied, charged, confirmed or imposed by any Governmental Authority (defined below) upon (a) the Premises or any part thereof, (b) the buildings or improvements now or hereafter comprising a part thereof, (c) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (d) the rent and income received by or for the account of Tenant from any sublessees or for any use or occupation of the Premises, (e) such franchises, licenses, and permits as may be pertinent to the use of the Premises, or (f) any documents to which the Tenant is a party creating or transferring an interest or estate in the Premises; in each case, only to the event extent the same are attributable to the Premises. Impositions shall not include any income tax, capital levy, estate, succession, inheritance or transfer taxes, or similar tax of Landlord; any franchise tax imposed upon any owner of the fee of the Premises; or any income, profits, or revenue tax, assessment, or charge imposed upon the rent or other benefit received by Landlord under this Lease by any municipality, county, state, the United States of America, or any other governmental body, subdivision, agency, or authority (all of such foregoing governmental bodies are collectively referred to herein as "GOVERNMENTAL AUTHORITIES"). If at any time during the Term the present method of taxation shall be so changed that the whole or any part of the taxes, assessments, levies, impositions or charges now levied, assessed or imposed on real estate and improvements thereon (herein collectively called "AD VALOREM TAXES") shall be discontinued and in whole or partial substitution therefor, taxes, assessments, levies, impositions, or charges shall be levied, assessed, and/or imposed wholly or partially as a capital levy or otherwise on the rents received from real estate or the Rents reserved herein or any part thereof, then such substitute taxes, assessments, levies, impositions, or charges (herein collectively called "SUBSTITUTE TAXES"), to the extent so levied, assessed, or imposed, shall be deemed to be included within the term "Impositions." Notwithstanding the foregoing, if a discontinuance occurs as to only a portion of Ad Valorem Taxes and the substitution therefor provided in the immediately preceding sentence has occurred, then if the remaining Ad Valorem Taxes are subsequently reduced, then the amounts that Tenant is required to pay with respect to Substitute Taxes shall be reduced by an amount equal to the fraction, the numerator of which is the amount of the reduction in the remaining portion of Ad Valorem Taxes over the amount of Ad Valorem Taxes immediately prior to such reduction.
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Impositions Defined. IMPOSITIONS" means The term “Impositions” shall mean all taxes, assessments, use and occupancy taxes, water, storm water and sewer charges, rates and rents, charges for public utilities, excises, levies, license and permit fees, and other charges by any public authority, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, including penalties levied for failure by Tenant to pay any of same in a timely manner, which shall or may during the Term be assessed, levied, charged, confirmed or imposed by any Governmental Authority public authority upon or accrued or become a lien on (defined below) upon (ai) the Premises “Premises” (as defined herein) or any part thereof, ; (b) the buildings or improvements now or hereafter comprising a part thereof, (c) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (dii) the rent and income received by or for the account of Tenant from any sublessees or for any use or occupation occupancy of the Premises, ; (eiii) such franchises, licenses, and permits as may be pertinent to the use of the Premises, ; or (fiv) any documents to which the Tenant is a party creating or transferring an interest or estate in the Premises; in each case, only to the event the same are attributable Premises or any parking rights or appurtenances to the Premises. Impositions shall not include any income tax, capital levy, estate, succession, inheritance or transfer taxes, or similar tax of Landlord; any franchise tax imposed upon any owner of the fee of the Demised Premises; or any income, profits, or revenue tax, assessment, or charge imposed upon the rent or other benefit received by Landlord under this Lease by any municipality, county, state, the United States of America, or any other governmental body, subdivision, agency, or authority (all of such foregoing governmental bodies are collectively referred to herein as "GOVERNMENTAL AUTHORITIES"each a “Governmental Authority” and collectively, “Governmental Authorities”). If However, if at any time during the Term the present method of taxation shall be so changed that the whole or any part of the taxes, assessments, levies, impositions or charges now levied, assessed or imposed on real estate and improvements thereon (herein collectively called "AD VALOREM TAXES") shall be discontinued and in whole or partial substitution therefor, taxes of the type described in the immediately preceding sentence or taxes, assessments, levies, impositions, or charges shall be levied, assessed, and/or imposed wholly or partially as a capital levy or otherwise on the rents received from said real estate or the Rents rents reserved herein or any part thereof, then such substitute taxes, assessments, levies, impositions, or charges (herein collectively called "SUBSTITUTE TAXES")charges, to the extent so levied, assessed, or imposed, shall be deemed to be included within the term "Impositions." Notwithstanding the foregoing, if a discontinuance occurs as to only a portion of Ad Valorem Taxes and the substitution therefor provided in the immediately preceding sentence has occurred, then if the remaining Ad Valorem Taxes are subsequently reduced, then the amounts that Tenant is required to pay with respect to Substitute Taxes shall be reduced by an amount equal to the fraction, the numerator of which is the amount of the reduction in the remaining portion of Ad Valorem Taxes over the amount of Ad Valorem Taxes immediately prior to such reduction.Impositions.
Appears in 1 contract
Samples: Option Agreement