Common use of Landlord’s Taxes Clause in Contracts

Landlord’s Taxes. DEFINITION. "Landlord's Taxes" means all taxes, assessments and similar charges assessed or imposed on the Land for the then current calendar year by any governmental authority attributable to the Building ((including personal property associated therewith). The amount of any special taxes, special assessments and agreed or governmentally imposed "in lieu of tax" or similar charges shall be included in Landlord's Taxes for any year but shall be limited to the amount of the installment (plus any interest, other than penalty interest, payable thereon) of such special tax, special assessment or such charge required to be paid during or with respect to the year in question. Landlord's Taxes include expenses, including reasonable fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reduction or to assure maintenance of Landlord's Taxes for any year wholly or partially included in the Term, whether or not successful and whether or not such efforts involved filing of actual abatement applications or initiation of formal proceedings. 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 same would be payable if the Building and Land were the only property of Landlord.

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" means all taxes, assessments (b) any income, profit, excess profit, 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 similar charges assessed or 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 mortgage recording tax imposed on or in connection with the Land for the then current calendar year by any governmental authority attributable to the Building ((including personal property associated therewith). The amount recordation of any special taxesFee Mortgage, special assessments and agreed all of which Landlord shall promptly pay when due, or governmentally imposed "in lieu of tax" or similar charges shall be included in Landlord's Taxes for any year but shall be limited to the amount of the installment (plus f) any interest, other than penalty interest, payable thereon) of such special tax, special assessment penalties or such charge required to be paid during or with respect to the year in question. Landlord's Taxes include expenses, including reasonable fees of attorneys, appraisers and other consultants, incurred like charges in connection with any efforts to obtain abatements or reduction or to assure maintenance of Landlord's Taxes for any year wholly or partially included amounts described in the Termforegoing clauses (a) through (e); provided, whether or not successful and whether or not such efforts involved filing of actual abatement applications or initiation of formal proceedings. If Landlord obtains such abatement or reductionhowever, 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 that if at any time during the Term there the methods of taxation prevailing on the date hereof shall be assessed on Landlord, in addition altered or changed so as to or in lieu of cause the whole or any part (by type, not amount) 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, impositions or charges now levied, assessed or imposed upon real estate and feesthe improvements thereon to be levied, to assessed or imposed, wholly or partially, on the extent so measured rents received under this Lease or basedupon or by reason of the occupancy of an Individual Property, then, any such taxes, excises, assessments and impositions shall be included within the term Landlord's Taxes, but only deemed to be Impositions to the extent that the same would be payable if the Building and Land an Individual Property were the only property of Landlord and shall be paid and discharged by Tenant, as Additional Rent, on or before the last day on which the same may be paid without penalty or interest; and 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 this Lease (excluding net income taxes), Tenant shall pay to Landlord, 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 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 amounts).

Landlord’s Taxes. DEFINITION. "“Landlord's ’s Taxes" ” means all taxes, assessments and similar charges assessed or imposed on the Land for the then current calendar year by any governmental authority attributable to the Building ((including personal property associated therewith). The amount of any special taxes, special assessments and agreed or governmentally imposed "“in lieu of tax" ” or similar charges shall be included in Landlord's ’s Taxes for any year but shall be limited to the amount of the installment (plus any interest, other than penalty interest, payable thereon) of such special tax, special assessment or such charge required to be paid during or with respect to the year in question. Landlord's ’s Taxes include expenses, including reasonable fees of attorneys, appraisers and other consultants, incurred in connection with any efforts to obtain abatements or reduction or to assure maintenance of Landlord's ’s Taxes for any year wholly or partially included in the Term, whether or not successful and whether or not such efforts involved filing of actual abatement applications or initiation of formal proceedings. If Landlord obtains such abatement or reduction, Tenant shall be entitled to its proportionate share of such abatement or reduction. Landlord's ’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 ’s Taxes, but only to the extent that the same would be payable if the Building and Land were the only property of Landlord.

Landlord’s Taxes. DEFINITIONDefinition. "Landlord's Taxes" means shall mean all taxes, assessments assessments, betterments, excises, user fees and similar 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 on against the Land for Premises or the then current calendar year by any governmental authority attributable to property of which the Building (Premises are a part (including without limitation any personal property associated 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. The amount If during the Term the present system of any special taxesad valorem taxation of property shall be changed so that, special assessments and agreed or governmentally imposed "in lieu of tax" 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 in within the term Landlord's Taxes for any year but shall be limited to the amount of the installment (plus any interest, other than penalty interest, payable thereon) of such special tax, special assessment or such charge required to be paid during or with respect to the year in questionTaxes. Landlord-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 reduction 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 involved involve filing of actual abatement applications or initiation of formal proceedings. If Landlord obtains such ; provided that the expenses related to an abatement or reduction, Tenant application shall not be entitled to its proportionate share of such abatement or reduction. included in Landlord's Taxes exclude income taxes of general if such application and all estate, succession, inheritance and transfer taxes. If at any time during is unsuccessful unless Xxxxxx consented to the Term there shall be assessed on Landlord, in addition to or in lieu filing of the whole or any part of abatement application. Tenant shall have the ad valorem tax on real or personal propertyright, 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 subject to the Building, then any and all of such taxes, assessments, levies, charges and feesLandlord's reasonable approval, to the extent so measured or basedpursue a tax abatement and Landlord shall cooperate in such endeavor, shall be included within the term provided that Tenant pays Landlord's Taxes, but only to the extent that the same would be payable if the Building and Land were the only property of Landlordout-of-pocket expenses in connection with such cooperation.