Common use of Landlord’s Taxes - Definition Clause in Contracts

Landlord’s Taxes - Definition. As used in this Lease, the term “Landlord’s Taxes” shall mean all taxes, assessments, betterments (amortized over the longest period of time permitted by the municipality to be paid), excises, user fees and all other governmental charges and fees of any kind or nature, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building (including any so-called linkage, impact or voluntary betterment payments), and all penalties and interest thereon (if due to Tenant’s failure to make timely payments on account of Landlord’s taxes), assessed or imposed against the Premises or the property of which the Premises are a part (including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection therewith), or upon Landlord by virtue of its ownership thereof, other than a federal or state income tax of general application. If during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Lease Commencement Date) measured by or based in whole or in part upon Building valuation, mortgage valuation, rents or any other incidents, benefits or measures of real property or real property operations, then any and all of such taxes, assessments, levies, charges and fees shall be included within the term Landlord’s Taxes. An appropriate adjustment or refund shall be made in the amount due from or paid by Tenant to Landlord on account of any final abatement, rebate or refund, less the cost and expense of obtaining the same, within thirty (30) days after receipt of same by Landlord. Landlord’s Taxes include reasonable expenses, including fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reductions or to assure maintenance of Landlord’s Taxes for any tax fiscal year wholly or partially included in the Term, whether or not successful and whether or not such efforts involve filing of actual abatement applications or initiation of formal proceedings.

Landlord’s Taxes - Definition. As used in this Lease, the term “Landlord’s 's Taxes” " shall mean all taxes, assessments, betterments (amortized over the longest period of time permitted by the municipality to be paid)betterments, excises, user fees and all other governmental charges and fees of any kind or nature, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building (including any so-so called linkage, impact or voluntary betterment "linkage payments), ") and all penalties and interest thereon (if due to Tenant’s 's failure to make timely payments on account of Landlord’s 's taxes), assessed or imposed against the Premises or the property of which the Premises premises are a part (including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection therewith)part, or upon Landlord by virtue of its ownership thereofthereof ("Landlord's Taxes"), other than a federal or state income tax of general application. If during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition to the whole hole or any part of such ad valorem tax, tax there shall be assessed, levied or imposed on such property or Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Lease Commencement Date) measured by or based in whole or in part upon Building valuation, mortgage valuation, rents or any other incidents, benefits or measures Measures of real property or real property operations, then any and all of such taxes, assessments, levies, charges and fees shall be included within the term Landlord’s 's Taxes. An appropriate adjustment or refund shall be made in the amount due from or paid by Tenant to Landlord on account of any final abatement, rebate or refund, less the cost and expense of obtaining the same, within thirty (30) days after receipt of same by Landlord. Landlord’s 's Taxes include reasonable expenses, including fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reductions or to assure maintenance of Landlord’s 's Taxes for any tax fiscal year wholly or partially included in the Term, whether or not successful and whether or not such efforts involve filing of actual abatement applications or initiation of formal proceedings. If Landlord obtains a refund (including any interest) of Landlord's Taxes previously paid by Tenant, Landlord promptly shall remit to Tenant Tenant's Percentage Share of any such refund, after first deducting from such refund Landlord's reasonable, actual expenses in obtaining the same, including fees of attorneys, appraisers and other consultants incurred in connection with such efforts to the extent such expenses have not previously been included in Landlord's Taxes paid by Tenant.

Landlord’s Taxes - Definition. As used in this Lease, the term “Landlord’s Taxes” shall mean all taxes, assessments, betterments (amortized over the longest period of time permitted by the municipality to be paid)betterments, excises, user fees and all other governmental charges and fees of any kind or nature, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building (including any so-called linkage, impact or voluntary betterment payments), and all penalties and interest thereon (if due to Tenant’s failure to make timely payments on account of Landlord’s taxes), assessed or imposed against the Premises or the property of which the Premises are a part (including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection therewith), or upon Landlord by virtue of its ownership thereof, other than a federal or state income tax of general application. If during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Lease Commencement Date) measured by or based in whole or in part upon Building valuation, mortgage valuation, rents or any other incidents, benefits or measures of real property or real property operations, then any and all of such taxes, assessments, levies, charges and fees shall be included within the term Landlord’s Taxes. An appropriate adjustment or refund shall be made in the amount due from or paid by Tenant to Landlord on account of any final abatement, rebate or refund, less the cost and expense of obtaining the same, within thirty (30) days after receipt of same by Landlord. Landlord’s Taxes include reasonable expenses, including fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reductions or to assure maintenance of Landlord’s Taxes for any tax fiscal year wholly or partially included in the Term, whether or not successful and whether or not such efforts involve filing of actual abatement applications or initiation of formal proceedings.

Landlord’s Taxes - Definition. As used in this Lease, the term “Landlord’s Taxes” shall mean all taxes, assessments, betterments (amortized over the longest period of time permitted by the municipality to be paid)betterments, excises, user fees and all other governmental charges and fees of any kind or nature, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building (including any so-called linkage, impact or voluntary betterment payments), and all penalties and interest thereon (if due to Tenant’s failure to make timely payments on account of Landlord’s taxes), assessed or imposed against the Premises or the property of which the Premises are a part (including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection therewith). Notwithstanding the foregoing, “Landlord’s Taxes” shall not include any income, capital, stock, succession, transfer, franchise, gift, estate or inheritance taxes except to the extent that such taxes shall be imposed in lieu of any ad valorem taxes on the Premises or the property of which it is a part, nor shall “Landlord’s Taxes” include any assessments, charges, taxes, rents, fees, rates, levies, excises, license fees, permit fees, inspection fees, or upon Landlord other authorization fees or charges to the extent allocable to or caused by virtue the development or installation of its ownership thereof, other than a federal on- or state income tax off-site improvements or utilities necessary for the initial development or construction of general applicationthe Building. If during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Lease Commencement Date) measured by or based in whole or in part upon Building valuation, mortgage valuation, rents or any other incidents, benefits or measures of real property or real property operations, then any and all of such taxes, assessments, levies, charges and fees shall be included within the term Landlord’s Taxes. An appropriate adjustment or refund shall be made in the amount due from or paid by Tenant to Landlord on account of any final abatement, rebate or refund, less the cost and expense of obtaining the same, within thirty (30) days after receipt of same by Landlord. Landlord’s Taxes include reasonable expenses, including fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reductions or to assure maintenance of Landlord’s Taxes for any tax fiscal year wholly or partially included in the Term, whether or not successful and whether or not such efforts involve filing of actual abatement applications or initiation of formal proceedings. If Landlord obtains any refunds of Landlord’s Taxes regarding periods for which Tenant has paid any portion thereof, Tenant shall be credited or shall receive its allocable portion of such refund.

Landlord’s Taxes - Definition. As used in this Lease, the term “Landlord’s Taxes” shall mean all taxes, assessments, betterments (amortized over the longest period of time permitted by the municipality to be paid)betterments, excises, user fees and all other governmental charges and fees of any kind or nature, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to to, and imposed upon and allocable to, the Building (including any so-called linkage, impact or voluntary betterment payments)Building, and all penalties and interest thereon (only if due to Tenant’s failure to make timely payments on account of Landlord’s taxes), assessed or imposed against the Premises or the property of which the Premises are a part (including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection therewith), or upon Landlord by virtue of its ownership thereofthereof (“Landlord’s Taxes”). Notwithstanding anything to the contrary contained in this Lease, the following shall be excluded from Landlord’s Taxes and shall be paid solely by Landlord: inheritance, estate, succession, transfer, gift, franchise, or capital stock tax, or any income taxes arising out of or related to ownership and operation of income-producing real estate, and any linkage payments or other than governmental impositions required as a federal result of any development or state income tax of general applicationimprovements constructed by Landlord. If during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition to the whole or any part of such ad valorem tax, tax there shall be assessed, levied or imposed on such property or Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Lease Commencement Date) measured by or based in whole or in part upon Building valuation, mortgage valuation, rents or any other incidents, benefits or measures of real property or real property operations, then any and all of such taxes, assessments, levies, charges and fees shall be included within the term Landlord’s Taxes. An Landlord’s Taxes shall mean such amounts as shall be finally determined after deducting abatements, rebates or refunds, if any, less the costs and expenses of obtaining the same. For the purposes of determining payments due from Tenant to Landlord, Landlord’s Taxes shall be deemed to be the Taxes assessed for each calendar year until such time as an abatement, rebate or refund shall be made for such tax year, and if any such abatement, rebate or refund shall be made for any tax year, an appropriate adjustment or refund shall be made within thirty (30) days of receipt of the same by Landlord in the amount due from or paid by Tenant to Landlord on account of any final such Taxes dependent upon the amount of such abatement, rebate or refund, refund less the cost and expense of obtaining the same, within thirty (30) days after receipt of same by Landlord. Landlord’s obligations pursuant to this Section 4.3.2 to rebate, refund or otherwise adjust any payment by Tenant of Additional Rent shall survive the expiration or earlier termination of this Lease. Tenant may request that Landlord contest, through available legal remedies, the validity or the amount of the assessed valuation of the Building or Landlord’s Taxes. In the event Landlord shall decline so to contest, it shall promptly notify Tenant of its decisions not to contest and, if Tenant leases (including any and all space then leased by Permitted Transferees and space Tenant has sublet to third parties in accordance with the terms hereof) at least fifty percent (50%) of the Building and wishes to contest the Landlord’s Taxes, Tenant is authorized on behalf of Landlord, at Tenant’s expense, to contest the validity or the amount of any such assessed valuation or Taxes include reasonable expensesprovided that Tenant shall first submit to Landlord, including fees of attorneysfor approval, appraisers and other consultants, incurred all filings or applications in connection therewith, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall cooperate with Tenant, and, if necessary, join with Tenant in such contest or proceedings at no out-of-pocket cost to Landlord and shall supply to Tenant, upon request, such information and supporting documents as may be reasonably requested by Tenant. In the event Tenant brings an action or proceeding to reduce Landlord’s Taxes, Tenant shall be reimbursed for its costs of bringing such action or proceeding from any efforts to obtain abatements refund or reductions or to assure maintenance rebate of Landlord’s Taxes for any tax fiscal year wholly obtained by Tenant by an amount calculated by subtracting the product of Tenant’s proportionate share and the reasonable and actual out-of-pocket costs incurred by Tenant in bringing such action or partially included in proceeding (the Term, whether or not successful and whether or not such efforts involve filing “Contest Costs”) from the total amount of actual abatement applications or initiation of formal proceedingsthe Contest Costs.