Common use of Landlord’s Taxes Clause in Contracts

Landlord’s Taxes. Definition. "Landlord's Taxes" shall mean all taxes, assessments, 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 Premises (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 Xxxxxxxx'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 ("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 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, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the 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. -71- Xxxxxxxx'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; provided that the expenses related to an abatement application shall not be included in Landlord's Taxes if such application is unsuccessful unless Xxxxxx consented to the filing of the abatement application. Tenant shall have the right, subject to Landlord's reasonable approval, to pursue a tax abatement and Landlord shall cooperate in such endeavor, provided that Tenant pays Landlord's out-of-pocket expenses in connection with such cooperation.

Landlord’s Taxes. Definition. "Landlord's Taxes" shall ------------------------------ mean all taxes, assessments, 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 Premises (including any so-called linkage, impact or voluntary betterment paymentslinkage payments payable under a legally binding written agreement executed and delivered prior to the date hereof), and all penalties and interest thereon (if to the extent due to Tenant's failure to make timely payments on account of XxxxxxxxLandlord's taxes), actually 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 owned by Tenant and used in connection therewith), or upon Landlord by virtue of its ownership thereof ("Landlord's Taxes")thereof, other than a federal or state income tax of general applicationapplication and other than any transfer, inheritance, succession, estate or gift tax. 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, sales, franchise, excise or similar tax, assessment, levy, levy charge or fee (as distinct from the federal and state income tax of the kind in effect on the Commencement DateDate and excluding any transfer, inheritance, succession, estate or gift tax) 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 operationsoperations which is used directly or indirectly to fund the same kinds of goods and services as are funded by the present property tax, then any and all of such taxes, assessments, levies, charges and fees shall be included within the term Landlord's Taxes. -71- Xxxxxxxx's Taxes include reasonable expensesDuring the Term of this Lease, 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; provided that the expenses related to an abatement application shall not be included in Landlord's Taxes if such application is unsuccessful unless Xxxxxx consented to the filing of the abatement application. Tenant shall have the rightexclusive right to apply for and prosecute any tax abatement or appeal applications or proceedings (other than those pending as of the date hereof, subject of which Landlord has advised Tenant). Tenant shall advise Landlord of any such proceeding initiated by Tenant, and shall forward to Landlord copies of pleadings and filings. Such proceedings shall not affect Tenant's obligations to pay Landlord's reasonable approvalTaxes hereunder, except that to pursue a tax abatement the extent permitted by law, Tenant may withhold payment (or make payments under protest) pending resolution, so long as (i) Landlord is not exposed to civil or criminal liability, and (ii) Landlord's interest in the Building is not subjected to further lien or encumbrance. Tenant shall pay all costs and expenses of such appeal proceedings. Landlord shall cooperate in such endeavor, provided that Tenant pays Landlord's actual and reasonable out-of-pocket expenses in connection with such cooperation.

Landlord’s Taxes. DefinitionDEFINITION. "Landlord's Taxes" shall mean means all taxes, assessments, betterments, excises, user fees assessments and all other governmental similar 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 Premises (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 Xxxxxxxx's taxes), assessed or imposed against on the Premises or Land for the property of which then current calendar year by any governmental authority attributable to the Premises are a part Building ((including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection associated therewith). The amount of any special taxes, special assessments and agreed or upon Landlord by virtue governmentally imposed "in lieu of its ownership thereof ("tax" or similar charges shall be included in Landlord's Taxes")Taxes for any year but shall be limited to the amount of the installment (plus any interest, other than a federal penalty interest, payable thereon) of such special tax, special assessment or state income tax of general application. If such charge required to be paid during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition with respect 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, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax year in effect on the 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 question. Landlord's Taxes. -71- Xxxxxxxx's Taxes include reasonable expenses, including reasonable fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reductions reduction 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 involved filing of actual abatement applications or initiation of formal proceedings; provided that the expenses related . If Landlord obtains such abatement or reduction, Tenant shall be entitled to an its proportionate share of such abatement application shall not be included in or reduction. Landlord's Taxes if such exclude income taxes of general application is unsuccessful unless Xxxxxx consented and all estate, succession, inheritance and transfer taxes. If at any time during the Term there shall be assessed on Landlord, in addition to or in lieu of the whole or any part of the ad valorem tax on real or personal property, a capital levy or other tax on the gross rents or other measures of building operations, or a governmental income, franchise, excise or similar tax, assessment, levy, charge or fee measured by or based, in whole or in part, upon Building valuation, gross rents or other measures of building operations or benefits of governmental services furnished to the filing Building, then any and all of such taxes, assessments, levies, charges and fees, to the abatement application. Tenant extent so measured or based, shall have be included within the right, subject to term Landlord's reasonable approvalTaxes, but only to pursue a tax abatement the extent that the same would be payable if the Building and Landlord shall cooperate in such endeavor, provided that Tenant pays Land were the only property of Landlord's out-of-pocket expenses in connection with such cooperation.

Landlord’s Taxes. DefinitionDEFINITION. "“Landlord's ’s Taxes" shall mean ” means all taxes, assessments, betterments, excises, user fees assessments and all other governmental similar 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 Premises (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 Xxxxxxxx's taxes), assessed or imposed against on the Premises or Land for the property of which then current calendar year by any governmental authority attributable to the Premises are a part Building ((including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection associated therewith). The amount of any special taxes, special assessments and agreed or upon Landlord by virtue governmentally imposed “in lieu of its ownership thereof tax” or similar charges shall be included in Landlord’s Taxes for any year but shall be limited to the amount of the installment ("Landlord's Taxes")plus any interest, other than a federal penalty interest, payable thereon) of such special tax, special assessment or state income tax of general application. If such charge required to be paid during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition with respect 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, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax year in effect on the 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 question. Landlord's Taxes. -71- Xxxxxxxx's ’s Taxes include reasonable expenses, including reasonable fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reductions reduction 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 involved filing of actual abatement applications or initiation of formal proceedings; provided . If Landlord obtains such abatement or reduction, Tenant shall be entitled to its proportionate share of such abatement or reduction. Landlord’s Taxes exclude income taxes of general application and all estate, succession, inheritance and transfer taxes. If at any time during the Term there shall be assessed on Landlord, in addition to or in lieu of the whole or any part of the ad valorem tax on real or personal property, a capital levy or other tax on the gross rents or other measures of building operations, or a governmental income, franchise, excise or similar tax, assessment, levy, charge or fee measured by or based, in whole or in part, upon Building valuation, gross rents or other measures of building operations or benefits of governmental services furnished to the Building, then any and all of such taxes, assessments, levies, charges and fees, to the extent so measured or based, shall be included within the term Landlord’s Taxes, but only to the extent that the expenses related to an abatement application shall not same would be included in payable if the Building and Land were the only property of Landlord's Taxes if such application is unsuccessful unless Xxxxxx consented to the filing of the abatement application. Tenant shall have the right, subject to Landlord's reasonable approval, to pursue a tax abatement and Landlord shall cooperate in such endeavor, provided that Tenant pays Landlord's out-of-pocket expenses in connection with such cooperation.

Landlord’s Taxes. Definition. "Notwithstanding anything to the contrary, Tenant shall not be obligated or required hereunder to pay (a) any corporate, estate, inheritance, succession, capital levy or capital stock tax of Landlord's Taxes" shall mean all taxes, assessments(b) any income, bettermentsprofit, excisesexcess profit, user fees receipts or revenue taxes upon the income or receipts of Landlord, (c) any tax imposed solely because of the nature of the business entity of Landlord, (d) any transfer, recordation or other tax or fee incident to a transfer of Landlord’s fee interest in an Individual Property and all other governmental charges and fees a concurrent transfer of Landlord’s interest as landlord under this Lease (except as may be expressly provided in Articles 37 and/or 38), (e) after the Fee Mortgage entered into by Landlord at closing on Landlord’s acquisition of the Property Portfolio, any kind mortgage recording tax imposed on or nature, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision recordation of governmental services or improvements of benefit to the Premises (including any so-called linkageFee Mortgage, impact or voluntary betterment payments), and all penalties and interest thereon (if due to Tenant's failure to make timely payments on account of Xxxxxxxx's taxes), assessed or imposed against the Premises or the property of which the Premises are a part Landlord shall promptly pay when due, or (including without limitation f) any personal property taxes levied on such property interest, penalties or on fixtures or equipment used like charges in connection therewithwith any of amounts described in the foregoing clauses (a) through (e); provided, or upon Landlord by virtue of its ownership thereof ("Landlord's Taxes")however, other than a federal or state income tax of general application. If that if at any time during the Term the present system methods of ad valorem taxation of property prevailing on the date hereof shall be altered or changed so that, in lieu of or in addition as to cause the whole or any part (by type, not amount) 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, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the 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, impositions or charges now levied, assessed or imposed upon real estate and fees the improvements thereon to be levied, assessed or imposed, wholly or partially, on the rents received under this Lease or upon or by reason of the occupancy of an Individual Property, then, any such taxes, excises, assessments and impositions shall be included within deemed to be Impositions to the term Landlord's Taxes. -71- Xxxxxxxx's Taxes include reasonable expensesextent that the same would be payable if an Individual Property were the only property of Landlord and shall be paid and discharged by Tenant, including fees of attorneysas Additional Rent, appraisers on or before the last day on which the same may be paid without penalty or interest; and other consultants, incurred provided further that if any Governmental Authority imposes any excise tax assessed or based on gross income actually or constructively received by Landlord under or 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 Termthis Lease (excluding net income taxes), whether or not successful and whether or not such efforts involve filing of actual abatement applications or initiation of formal proceedings; provided that the expenses related to an abatement application shall not be included in Landlord's Taxes if such application is unsuccessful unless Xxxxxx consented to the filing of the abatement application. Tenant shall have the right, subject pay to Landlord's reasonable approval, to pursue a tax abatement and Landlord shall cooperate in such endeavor, provided at the time that Tenant pays such Fixed Annual Rent, or makes any other payment hereunder included in gross income for purposes of such excise tax, an amount that will result in a net yield to Landlord equal to that which Landlord would have received if no such excise tax had been imposed (provided that in no event shall Tenant have any obligation to pay any interest, penalties or like charges resulting from Landlord's out-of-pocket expenses in connection with ’s failure to pay any of the same on or prior to the due date thereof, unless directly caused by Tenant’s failure to timely pay such cooperationamounts).