Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 10 contracts
Samples: Standard Office Lease, Standard Office Lease (Vital Therapies Inc), Standard Office Lease (Vital Therapies Inc)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s 's obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “"Tax Costs.”"
Appears in 6 contracts
Samples: Standard Office Lease (Phunware, Inc.), Standard Office Lease (Neurmedix, Inc.), Standard Office Lease (Neurmedix, Inc.)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In So long as every other lease of space in the Building contains the same provision and such provisions are enforced by landlord, in the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a ProjectBuilding-standard buildout build-out as determined by Landlord and, as a result, real property taxes for the Project Property are increased, Tenant shall pay to Landlord, Landlord its share of such taxes within ten business (10) days after delivery to Tenant by Landlord of a written statement in writing setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days)paying Rent, any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes or taxes in lieu of income taxes) which may be assessed against imposed on or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental Rent or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 4 shall not be included in the computation of “Tax CostsTaxes.”
Appears in 4 contracts
Samples: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Consent to Sublease (Editas Medicine, Inc.)
Other Taxes. (a) Tenant shall pay, prior to delinquency, reimburse Landlord upon demand for any and all taxes payable by Landlord (other than as set forth in Article 5.9(b) below), whether or not now customary or within the contemplation of Landlord and Tenant:
(1) upon or measured by rent, including without limitation, any gross revenue tax, excise tax, or value added tax levied by the federal government or any other governmental body with respect to the receipt of rent; and
(2) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises.
(3) upon a reassessment of the Project or Building by a taxing authority having jurisdiction over the same.
(b) Tenant will not be obligated to pay any inheritance tax, gift tax, franchise tax, federal income tax (based on net income), profit tax, or capital levy imposed upon Landlord; provided, however, that Tenant shall pay any tax or excise on Rent or other amounts payable by Tenant to Landlord levied or assessed against Landlord on account of Rent.
(c) Tenant shall pay promptly when due all taxes, charges or other governmental impositions assessed against, levied upon trade or otherwise imposed upon or with respect to Tenant’s fixtures, furnishings, personal property, systems and equipment located in or exclusively serving the Premises, and all other personal any improvements made by Tenant to the Premises under or pursuant to the provisions of this Lease. If any of such taxes are levied or assessed against Landlord or Landlord’s property or if the assessed value of the Premises is increased by the inclusion therein of a value placed upon such property of Tenant, and if Landlord, after written notice to Tenant, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, but only under proper protest if requested by Tenant, Tenant located in shall, upon demand, repay to Landlord the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of taxes so levied against Landlord, or if the cost or value portion of any leasehold improvements such taxes resulting from such increased in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, assessment. Tenant shall pay to Landlordany rent tax, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amountsales tax, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Termservice tax, then within ten (10) days)transfer tax, any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental value added tax or any other sums due applicable tax on the Rent, utilities or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained services herein, the privilege of renting, using or occupying the Premises, or collecting Rent therefrom, or otherwise respecting this Lease or any sums payable by Tenant under this Article 6 shall not be included other document entered into in the computation of “Tax Costsconnection herewith.”
Appears in 3 contracts
Samples: Office Lease, Office Lease (Acucela Inc), Office Lease (Zillow Inc)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten thirty (1030) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten thirty (1030) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 2 contracts
Samples: Standard Office Lease (loanDepot, Inc.), Standard Office Lease (loanDepot, Inc.)
Other Taxes. Tenant Lessee shall paypay the following:
(i) Lessee shall pay (or reimburse Lessor as additional rent if Lessor is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, "Leasehold Improvements and Personal Property"): Lessee's Alterations, Lessee Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Lessor or is the standard of the Building. In Lessee hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Building. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlordthe Project, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant Lessee shall pay to Landlord, Lessor such taxes within ten (10) days after delivery to Tenant Lessee by Landlord Lessor of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor's reasonable good faith determination of the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant the Leasehold Improvements and Personal Property shall assume and be a conclusive determination of Lessee's obligation to pay to Landlord at the time Basic Rental next becomes due such amount as so determined by Lessor.
(ii) Lessee shall pay (or reimburse Lessor if assessed after the expiration of the TermLessor is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Lessor or Lessee and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Lessee's activities in the Premises (other than Lessor's net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (1) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, including without limitation any gross income, gross receipts, excise, or other tax levied by the state, any political subdivision thereof, city or federal government with respect to the receipt of such Rentals; (2) upon or with respect to the use, possession, occupancy, leasing, operation and management of the Premises or any portion thereof, (3) upon this transaction or any document to which Landlord may be required to pay Lessee is a party creating or collect under transferring an interest or an estate in the Premises; or (4) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any law now parking taxes, levies or charges or vehicular regulations imposed by any governmental agency; provided, however, that in effect no event shall taxes, levies or hereafter enacted. In addition to Tenant’s obligation other charges for which Lessee is responsible pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs7.”
Appears in 2 contracts
Samples: Office Lease (Netgravity Inc), Office Lease (Doubleclick Inc)
Other Taxes. Tenant (i) Lessee shall paypay (or reimburse Lessor as additional rent if Lessor is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, "Leasehold Improvements and Personal Property"): Lessee's Leasehold Improvements, the Lessee Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Lessor and is the standard of the Building. In Lessee hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Building. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlordthe Project, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant Lessee shall pay to Landlord, Lessor such taxes within ten (10) days after delivery to Tenant Lessee by Landlord Lessor of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor's good faith determination of the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant the Leasehold Improvements and Personal Property shall assume and be a conclusive determination of Lessee's obligation to pay to Landlord at the time Basic Rental next becomes due such amount as so determined by Lessor.
(ii) Lessee shall pay (or reimburse Lessor if assessed after the expiration of the TermLessor is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Lessor or Lessee and relating to this lease, occupancy, garage, parking, gross receipts the Premises or other taxes Lessee's activities in the Premises (other than Lessor's net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (1) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross income, gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentencereceipt of such Rentals; (2) upon or with respect to the use, Tenant possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (3) upon this transaction or any document to which Lessee is a party creating or transferring an interest or an estate in the Premises; or (4) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Lessee shall pay also pay, prior to delinquency, all privilege, sales, excise, use, business, occupation, or other taxes, assessments, license fees, or charges levied, assessed, or imposed upon Lessee's business operations conducted at the Premises. If any such taxes are payable by Lessor and it shall not be lawful for Lessee to reimburse Lessor for such taxes, then the Rentals payable hereunder shall be increased to net Lessor the net Rental after imposition of any such tax upon Lessor as would have been payable to Lessor prior to the imposition of any such tax.
(iii) Any payments made by Lessee directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time applicable taxing authority pursuant to time this subsection 7.c. shall be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything made prior to the contrary contained hereinapplicable delinquency date for such payment, any sums payable by Tenant under this Article 6 and Lessee shall not be included in the computation deliver evidence of “Tax Costssuch payment to Lessor within fifteen (15) days thereafter.”
Appears in 2 contracts
Samples: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)
Other Taxes. Tenant (i) Lessee shall paypay (or reimburse Lessor as additional rent if Lessor is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, "Leasehold Improvements and Personal Property"): Lessee's Leasehold Improvements, the Tenant Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Lessor and is the standard of the Building. In Lessee hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Building. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlordthe Project, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant Lessee shall pay to Landlord, Lessor such taxes within ten (10) days after delivery to Tenant Lessee by Landlord Lessor of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor's good faith determination of the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant the Leasehold Improvements and Personal Property shall assume and be a conclusive determination of Lessee's obligation to pay to Landlord at the time Basic Rental next becomes due such amount as so determined by Lessor.
(ii) Lessee shall pay (or reimburse Lessor if assessed after the expiration of the TermLessor is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Lessor or Lessee and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Lessee's activities in the Premises (other than Lessor's net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (i) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross income, gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentence, Tenant shall pay directly receipt of such Rentals; (ii) upon or with respect to the use, possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (iii) upon this transaction or any document to which Lessee is a party creating or entity entitled thereto transferring an interest or an estate in the Premises; or (iv) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Lessee shall also pay, prior to delinquency, all business privilege, sales, excise, use, business, occupation, or other taxes, assessments, license fees, gross receipts or charges levied, assessed, or imposed upon Lessee's business operations conducted at the Premises. If any such taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums are payable by Tenant under this Article 6 Lessor and it shall not be included in lawful for Lessee to reimburse Lessor for such taxes, then the computation Rentals payable hereunder shall be increased to net Lessor the net Rental after imposition of “Tax Costsany such tax upon Lessor as would have been payable to Lessor prior to the imposition of any such tax.”
Appears in 2 contracts
Samples: Sublease (Inktomi Corp), Office Lease (Inktomi Corp)
Other Taxes. Tenant shall payThroughout the term, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increasedthis Lease, Tenant shall pay to Landlord its proportionate share of all taxes levied and assessed during the term of this Lease upon the land, buildings, and personal property owned by Landlord comprising the Premises and the Shopping Center, including the Common Area and as more particularly provided in this Section, as additional rent Tenant's share of taxes shall be the product derived by multiplying the total taxes levied or assessed against the Shopping Center by a fraction, the numerator of which is the square footage of the floor area contained in the Premises and the denominator of which is the total square footage of the floor area contained in the buildings (including the Premises) then constructed in the Shopping Center. At Landlord's option, within Tenant shall either (i) pay one-twelfth (1/12) of the amount estimated by Landlord to be Tenant's annual share of such taxes with each monthly minimum rent payment due hereunder; or (ii) pay the entire amount invoiced to Tenant by Landlord for Tenant's annual share of such taxes on or before the later of (a) five (5) days before the date such taxes must be paid before becoming delinquent, or (b) ten (10) days after delivery to from the date Tenant by receives from Landlord of a written statement setting forth such amount, the amount due Landlord under the provisions of such taxes this Section. If Landlord elects option "(i)" above, then following Landlord's receipt of the applicable to tax xxxx, Landlord shall notify Tenant of any additional amount owing and, upon specific written request by Tenant’s property or above-standard improvements. , provide Tenant with a copy of the applicable tax xxxx, and Tenant shall assume and pay such additional amount to Landlord at within fifteen (15) days thereafter. If Tenant shall be in default of payment, Landlord may, but shall not be obligated to, pay Tenant's, tax obligation and the time Basic Rental next becomes amount paid shall be immediately due (or if assessed after and owing from Tenant to Landlord. In the expiration event the total of Tenant's monthly tax payments exceeds the annual taxes attributable to the Premises, such excess shall be credited against Tenant's future tax obligations. Taxes for the first and last years of the Termterm shall be prorated between Landlord and Tenant. For the purposes of this paragraph, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts "taxes" shall include without limitation all assessments for public improvements levied or other taxes (other than net income taxes) which may be assessed against the Shopping Center; any tax assessed upon or levied upon measured by the rents received by Landlord hereunder; any tax, fee, or charge on account the operation and use of the letting of Shopping Center and/or the Premises or Common Area imposed by the payment of Basic Rental United States Environmental Protection Agency or any other sums due federal, state, or payable hereunder, local governmental entity; and shall also include any taxes or assessments which Landlord in the future may be required to pay imposed upon Landlord in lieu of any presently imposed tax or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 assessment 'Taxes" shall not be included include any franchise, excise, gift, estate or inheritance tax of Landlord arising out of or in connection with this Lease or Landlord's rights in the computation of “Tax CostsPremises, or any net income, excess profits or revenue tax, charge, or levy against Landlord.”
Appears in 2 contracts
Samples: Shop Lease (Wasatch Food Services Inc), Shop Lease (Wasatch Food Services Inc)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, amount the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against imposed on or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “"Tax Costs.”"
Appears in 2 contracts
Samples: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Other Taxes. Tenant Lessee shall pay the following:
(A) Lessee shall pay, prior or cause to be paid, (or reimburse Lessor as additional rent if Lessor is assessed) before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for any period during the term hereof, upon trade all Lessee's leasehold improvements in excess of the value of Lessee's tenant improvement allowance, fixtures, furnishings, equipment and all other personal property of Tenant located in The Premises; except only that which has been paid for by Lessor and is the Premisesstandard of the Building. In the event any or all of Tenant’s trade fixturesthe Lessee's excess leasehold improvements, furnishings, equipment and other or personal property shall be assessed and taxed with property of Landlordthe Project, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant Lessee shall pay to LandlordLessor such taxes prior to delinquency. If Lessee's excess leasehold improvements, fixtures, and personal property are not separately assessed on the tax statement or xxxx, Lessor's good faith determination of the amount of such taxes application to such improvements and property shall be conclusive determination of Lessee's obligation to pay such amount as so determined by Lessor.
(B) Lessee shall pay (or reimburse lessor if Lessor is assessed, as additional rent), prior to delinquency or within ten (10) days after delivery to Tenant by Landlord of receipt of a written statement setting forth such amountthereof, any and all other taxes, levies, assessments, or surcharges payable by Lessor or Lessee and relating to this Lease or The Premises (other than Lessor's net income, succession, transfer, gift, franchise, estate, or inheritance taxes), whether or not now customary or within the amount contemplation of the parties hereto, now in force or which may hereafter become effective, including but not limited to taxes: (I) upon, allocable to, or measured by the area of The Premises or on the Rentals payable hereunder, including without limitation any gross income, gross receipts, excise, or other tax levied by the state, any political subdivision thereof, city or federal government with respect to the receipt of such taxes applicable Rentals; (II) upon or with respect to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rentpossession, occupancy, garageleasing, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account operation and management of the letting of the The Premises or the payment of Basic Rental any portion thereof; (III) upon this transaction or any other sums due document to which Lessee is a party creating or payable hereundertransferring an interest or an estate in The Premises; or (IV) imposed as a means of controlling or abating environmental pollution or the use of energy, and which Landlord may be required to pay including, without limitation, any parking taxes, levies or collect under charges or vehicular regulations imposed by any law now in effect or hereafter enactedgovernmental agency. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts event any such taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums are payable by Tenant under this Article 6 Lessor and it shall not be included in lawful for Lessee to reimburse Lessor for such taxes, then the computation Rentals payable hereunder shall be increased to net Lessor the net Rental after imposition of “Tax Costs.”any such tax upon Lessor as would have been payable to Lessor prior to the imposition of any such tax. COST OF LIVING RENT INCREASE FACTOR
Appears in 1 contract
Samples: Industrial Gross Lease (Copper Mountain Networks Inc)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord andin its commercially reasonable discretion, and as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten thirty (1030) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten thirty (1030) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxestaxes or any items expressly excluded from the definition of Tax Costs as set forth in Article 3 above) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable by Tenant hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 or by any other tenant in the Project pursuant to a similar provision in such tenant’s lease shall not be included in the computation of “Tax Costs”.”
Appears in 1 contract
Samples: Lease Agreement (Oncorus, Inc.)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s 's obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 Section 9 shall not be included in the computation of “"Tax Costs.”"
Appears in 1 contract
Samples: Office Lease (Ecotality, Inc.)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises to Tenant or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s 's obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “"Tax Costs.”"
Appears in 1 contract
Other Taxes. Tenant Lessee shall paypay the following:
(i) Lessee shall pay (or reimburse Lessor as additional rent if Lessor is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, “Leasehold Improvements and Personal Property”): Lessee’s Leasehold Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Lessor and is the standard of the Building. In Lessee hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Building. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlordthe Project, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant Lessee shall pay to Landlord, Lessor such taxes within ten (10) days after delivery to Tenant Lessee by Landlord Lessor of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor’s reasonable good faith determination of the amount of such taxes applicable to Tenantthe Leasehold Improvements and Personal Property shall be a conclusive determination of Lessee’s property or above-standard improvements. Tenant obligation to pay such amount as so determined by Lessor.
(ii) Lessee shall assume and pay to Landlord at the time Basic Rental next becomes due (or reimburse Lessor if assessed after the expiration of the TermLessor is assessed, then within ten (10) daysas additional rent), prior to delinquency or within thirty (30) days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Lessor or Lessee and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Lessee’s activities in the Premises (other than Lessor’s net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (1) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross income, gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentencereceipt of such Rentals; (2) upon or with respect to the use, Tenant possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (3) upon this transaction or any document to which Lessee is a party creating or transferring an interest or an estate in the Premises; or (4) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Lessee shall pay also pay, prior to delinquency, all privilege, sales, excise, use, business, occupation, or other taxes, assessments, license fees, or charges levied, assessed, or imposed upon Lessee’s business operations conducted at the Premises.
(iii) Any payments made by Lessee directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time applicable taxing authority pursuant to time this subsection 7.c. shall be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything made prior to the contrary contained hereinapplicable delinquency date for such payment, any sums payable by Tenant under this Article 6 and Lessee shall not be included in the computation deliver evidence of “Tax Costssuch payment to Lessor within fifteen (15) days thereafter.”
Appears in 1 contract
Samples: Net Office Lease (SourceForge, Inc)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the taxing authority on or before the due date the Taxes (as defined below) assessed on the Premises during the Term. If, after Tenant shall have paid the Taxes pursuant to this Section 6B, Landlord shall receive a refund of any portion of Taxes paid by Tenant with respect to any Taxes during the Term hereof as a result of an abatement of such Taxes by legal proceedings, settlement or otherwise (without either party or entity entitled thereto all business license having any obligation to undertake any such proceedings), Landlord shall promptly pay to Tenant, the refund (less any expenses incurred by Landlord, including attorneys’ fees and appraisers’ fees, gross receipts taxes incurred in connection with obtaining any such refund), as relates to Taxes paid by Tenant for which such refund is obtained. In the event that Landlord elects not to seek a refund or abatement of Taxes, then Tenant shall have the right to undertake such proceedings, and similar taxes and impositions Landlord shall cooperate at no cost to Landlord with respect to such proceedings so far as reasonably necessary. Tenant shall if required by applicable law continue to pay all Taxes during the prosecution of such proceedings. If any refund is delivered to Landlord, Landlord shall promptly pay the same to Tenant. In the event this Lease shall commence, or shall end (by reason of expiration of the Term or earlier termination pursuant to the provisions hereof), on any date other than the first or last day of the year in which the Taxes are assessed, or should the period of assessment of Taxes be changed or be more or less than one (1) year, as the case may be, then the amount of Taxes which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under as provided in this Article 6 Section 6B shall not be included in the computation of “Tax Costsappropriately apportioned and adjusted.”
Appears in 1 contract
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or assessed value of any leasehold improvements the Tenant Improvements in the Premises exceeds the cost or assessed value of a Project-standard buildout as determined by Landlord based on written evidence from the assessor’s office and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant Improvements, Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) daysdays after receipt by Tenant of evidence that the same is due and payable), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 Section 9 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Samples: Office Lease (ASC Acquisition LLC)
Other Taxes. Tenant shall paypay the following:
(1) Tenant shall pay (or reimburse Landlord as additional rent if Landlord is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, "Leasehold Improvements and Personal Property"): Tenant's leasehold improvements, the Tenant Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Landlord and is the standard of the Office Space in the Building in which the Premises are located. In Tenant hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Office Space in the Building in which the Premises are located. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, Landlord such amounts within ten (10) days after delivery to Tenant by Landlord of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Landlord's good faith determination of the amount of such taxes applicable to the Leasehold Improvements and Personal Property shall be a conclusive determination of Tenant’s property or above-standard improvements. 's obligation to pay such amount so as determined by Landlord.
(2) Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or reimburse Landlord if assessed after the expiration of the TermLandlord is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Landlord or Tenant and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Tenant's activities in the Premises (other than Landlord's net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (i) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross income, gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentencereceipt of such Rentals; (ii) upon or with respect to the use, possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (iii) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises; or (iv) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Tenant shall pay directly also pay, prior to the party delinquency, all privilege, sales, excise, use, business, occupation, or entity entitled thereto all business other taxes, assessments, license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied charges levied, assessed, or imposed upon Tenant, as and when 's business operations conducted at the same become due and before delinquencyPremises. Notwithstanding anything to the contrary contained herein, If any sums such taxes are payable by Tenant under this Article 6 Landlord and it shall not be included in lawful for Tenant to reimburse Landlord for such taxes, then the computation Rentals payable hereunder shall be increased to net Landlord the net Rental after imposition of “Tax Costsany such tax upon Landlord as would have been payable to Landlord prior to the imposition of any such tax.”
Appears in 1 contract
Samples: Office Lease (QCS Net Corp)
Other Taxes. Tenant shall payWe may charge the Separate Account and/or deduct from the Contract Value a charge for any federal, state or local taxes we pay that are or become attributable to the Separate Account or Contract, including, but not limited to, income taxes attributable to our operation of the Separate Account or to our operations with respect to the Contract, or taxes attributable, directly or indirectly, to Purchase Payments or payments we make under this Contract. Withdrawal Charge – Withdrawals from the Contract Value are subject to a Withdrawal Charge, if applicable. This charge may apply to amounts withdrawn under the Contract prior to delinquencythe Annuity Date, all taxes assessed against depending on which Contract Year the Withdrawal is made in. We will not apply the Withdrawal Charge on: · [Compliant Withdrawal amounts allowable on Rider;] · distributions resulting from the death of the first Owner, except as provided under the Death of Owner provision for certain Non-Natural Owners; · after the first Contract Year, if the Contract is annuitized with us; · [Withdrawals after 90 days from the Contract Date if the Owner, or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located Annuitant in the Premises. In case of a Non-Natural Owner, is in an accredited nursing home for 30 days or longer, and was not in a nursing home on the event any or all of Tenant’s trade fixturesContract Date.;] · Withdrawals that meet required minimum distributions for Qualified Contracts as they apply to amounts held under the Contract; · [Withdrawals after the first Contract Anniversary, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlordif the Owner, or if the cost or value of any leasehold improvements Annuitant in the Premises exceeds the cost or value case of a ProjectNon-standard buildout Natural Owner, has been diagnosed on or after the Contract Date as determined having a medically determinable condition that results in a life expectancy of twelve (12) months or less and we are provided with required medical evidence;] or · Withdrawals as defined under the “Free Withdrawals” section. [The request to waive the Withdrawal Charge must be in writing and include required medical evidence. If the request to waive the Withdrawal Charge is denied by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amountus, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 Withdrawal request shall not be included in processed until the computation Owner is notified of “Tax Coststhe denial and provided with the opportunity to accept or reject the Withdrawal request, including any Withdrawal Charges.”]
Appears in 1 contract
Samples: Contract (Separate Account a of Pacific Life & Annuity Co)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) business days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) business days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted, whether or not currently contemplated. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and at least twenty (20) days before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Other Taxes. Tenant Lessee shall pay the following:
(i) Lessee shall pay (or reimburse Lessor as additional rent if Lessor is assessed), before delinquency, any and all taxes levied or assessed, and which become payable for or in connection with any period during the Term, upon all of the following (collectively, “Leasehold Improvements and Personal Property”): Lessee’s Leasehold Improvements, equipment, furniture, furnishings, fixtures, merchandise, inventory, machinery, appliances and other personal property located in the Premises; except only that which has been paid for by Lessor and is the standard of the Building. Lessee hereby acknowledges receipt of a copy of a schedule setting forth the improvements comprising the standard of the Building. If any or all of the Leasehold Improvements and Personal Property are assessed and taxed with the Project, Lessee shall pay to Lessor such taxes within twenty (20) days after delivery to Lessee by Lessor of a statement in writing setting forth the amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor’s good faith determination of the amount of such taxes applicable to the Leasehold Improvements and Personal Property shall be a conclusive determination of Lessee’s obligation to pay such amount as so determined by Lessor.
(ii) Lessee shall pay (or reimburse Lessor if Lessor is assessed, as additional rent), prior to delinquency or within twenty (20) days after receipt of a statement thereof, any and all other taxes, levies, assessments, or surcharges payable by Lessor or Lessee and relating to this Lease, the Premises or Lessee’s activities in the Premises (other than Lessor’s net income, succession, transfer, gift, franchise, estate, or inheritance taxes), whether or not now customary or within the contemplation of the parties hereto, now in force or which may hereafter become effective, including but not limited to taxes: (1) upon, allocable to, or measured by the area of the Premises or on the Rentals payable hereunder, including without limitation any gross income, gross receipts, excise, or other tax levied by the state, any political subdivision thereof, city or federal government with respect to the receipt of such Rentals; (2) upon or with respect to the use, possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (3) upon this transaction or any document to which Lessee is a party creating or transferring an interest or an estate in the Premises; or (4) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Lessee shall also pay, prior to delinquency, all taxes assessed against privilege, sales, excise, use, business, occupation, or levied other taxes, assessments, license fees, or charges levied, assessed, or imposed upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in Lessee’s business operations conducted at the Premises. In If any such taxes are payable by Lessor and it shall not be lawful for Lessee to reimburse Lessor for such taxes, then the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property Rentals payable hereunder shall be assessed and taxed with property of Landlord, or if increased to net Lessor the cost or value net Rental after imposition of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout such tax upon Lessor as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay would have been payable to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant Lessor prior to the immediately preceding sentence, Tenant shall pay imposition of any such tax.
(iii) Any payments made by Lessee directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time applicable taxing authority pursuant to time this subsection 7.c. shall be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything made prior to the contrary contained hereinapplicable delinquency date for such payment, any sums payable by Tenant under this Article 6 and Lessee shall not be included in the computation deliver evidence of “Tax Costssuch payment to Lessor within fifteen (15) days thereafter.”
Appears in 1 contract
Other Taxes. Tenant Lessee shall paypay the following:
(i) Lessee shall pay (or reimburse Lessor as additional rent if Lessor is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, “Leasehold Improvements and Personal Property”): Lessee’s Leasehold Improvements, the Lessee Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Lessor and is the standard of the Building. In Lessee hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Building. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlordthe Project, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant Lessee shall pay to Landlord, Lessor such taxes within ten (10) days after delivery to Tenant Lessee by Landlord Lessor of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor’s good faith determination of the amount of such taxes applicable to Tenantthe Leasehold Improvements and Personal Property shall be a conclusive determination of Lessee’s property or above-standard improvements. Tenant obligation to pay such amount as so determined by Lessor.
(ii) Lessee shall assume and pay to Landlord at the time Basic Rental next becomes due (or reimburse Lessor if assessed after the expiration of the TermLessor is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Lessor or Lessee and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Lessee’s activities in the Premises (other than Lessor’s net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (1) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross income, gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentencereceipt of such Rentals; (2) upon or with respect to the use, Tenant possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (3) upon this transaction or any document to which Lessee is a party creating or transferring an interest or an estate in the Premises; or (4) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Lessee shall pay also pay, prior to delinquency, all privilege, sales, excise, use, business, occupation, or other taxes, assessments, license fees, or charges levied, assessed, or imposed upon Lessee’s business operations conducted at the Premises. If any such taxes are payable by Lessor and it shall not be lawful for Lessee to reimburse Lessor for such taxes, then the Rentals payable hereunder shall be increased to net Lessor the net Rental after imposition of any such tax upon Lessor as would have been payable to Lessor prior to the imposition of any such tax.
(iii) Any payments made by Lessee directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time applicable taxing authority pursuant to time this subsection 7.c. shall be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything made prior to the contrary contained hereinapplicable delinquency date for such payment, any sums payable by Tenant under this Article 6 and Lessee shall not be included in the computation deliver evidence of “Tax Costssuch payment to Lessor within fifteen (15) days thereafter.”
Appears in 1 contract
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Other Taxes. Tenant (a) All payments made by any Borrower hereunder shall paybe made free and clear of, prior and without reduction for or on account of, income, stamp or other taxes, levies, imposts, duties, charges, fees, deductions, reserves or withholdings imposed, levied, collected, withheld or assessed by any Governmental Authority, which are imposed, enacted or become effective after the date hereof excluding income and franchise taxes of the United States of America or any political subdivision or taxing authority thereof or therein (such non-excluded taxes being referred to delinquencycollectively as "Other Taxes"). If any Other Taxes are required to be withheld from any amounts payable to Lender hereunder, the amounts so payable to Lender shall be increased to the extent necessary to yield to Lender (after payment of all taxes assessed against Other Taxes) interest or levied upon trade fixtures, furnishings, equipment and all any such other personal property of Tenant located amounts payable hereunder at the rate or in the Premisesamounts specified hereunder. In the event Whenever any or all of Tenant’s trade fixturesOther Taxes are payable pursuant to applicable law by any Borrower, furnishingsas promptly as possible thereafter, equipment and other personal property such Borrower shall be assessed and taxed with property of Landlordsend to Lender an original official receipt, if available, or if certified copy thereof showing payment of such Other Taxes. Each Borrower hereby indemnifies Lender for any incremental taxes, interest or penalties that may become payable by Lender which may result from any failure by such Borrower to pay any such Other Taxes when due to the cost appropriate taxing authority or value any failure by any Borrower to remit to Lender the required receipts or other required documentary evidence.
(b) If any Borrower is required by law to withhold or deduct any amount from any payment hereunder in respect of any leasehold improvements in U.S. Tax, such Borrower shall withhold or deduct the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such appropriate amount, remit such amount to the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume appropriate Governmental Authority and pay to Landlord at each Person to whom there has been an assignment or participation of the time Basic Rental next becomes Loan and who is not a U.S. Person such additional amounts as are necessary in order that the net payment of any amount due to such non-U.S. Person hereunder after deduction for or withholding in respect of any U.S. Tax imposed with respect to such payment (or if assessed after in lieu thereof, payment of such U.S. Tax by such non-U.S. Person), will not be less than the expiration amount stated herein to be then due and payable; provided that the foregoing obligation to pay such additional amounts shall not apply (i) to any assignee that has not complied with the obligations contained in Section 9.1(d), (ii) to any U.S. Taxes imposed solely by reason of the Termfailure by such Person (or, then within ten (10if such Person is not the beneficial owner of the Loan, such beneficial owner) days)to comply with applicable certification, any exciseinformation, sales, use, rent, occupancy, garage, parking, gross receipts documentation or other taxes reporting requirements concerning the nationality, residence, identity or connections with the United States of America of such Person (or beneficial owner, as the case may be) if such compliance is required by statute or regulation of the United States of America as a precondition to relief or exemption from such U.S. Taxes; or (iii) with respect to any Person who is a fiduciary or partnership or other than net income taxes) which may be assessed against the sole beneficial owner of such payment, to any U.S. Tax imposed with respect to payments made under the Note to a fiduciary or levied upon Landlord on account partnership to the extent that the beneficial owner or member of the letting partnership would not have been entitled to the additional amounts if such beneficial owner or member of the Premises or partnership had been the payment holder of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax CostsNote.”
Appears in 1 contract
Samples: Loan Agreement (Ventas Inc)
Other Taxes. Tenant Lessee shall paypay the following:
(i) Lessee shall pay (or reimburse Lessor as additional rent if Lessor is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, “Leasehold Improvements and Personal Property”): Lessee’s Leasehold Improvements, the Lessee Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Lessor and is the standard of the Building. In Lessee hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Building. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlordthe Project, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant Lessee shall pay to Landlord, Lessor such taxes within ten (10) days after delivery to Tenant Lessee by Landlord Lessor of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor’s good faith reasonable determination of the amount of such taxes applicable to Tenantthe Leasehold Improvements and Personal Property shall be a conclusive determination of Lessee’s property or above-standard improvements. Tenant obligation to pay such amount as so determined by Lessor.
(ii) Lessee shall assume and pay to Landlord at the time Basic Rental next becomes due (or reimburse Lessor if assessed after the expiration of the TermLessor is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Lessor or Lessee and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Lessee’s activities in the Premises (other than Lessor’s net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (1) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross income, gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentencereceipt of such Rentals; (2) upon or xxxxx respect to the use, Tenant possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (3) upon this transaction or any document to which Lessee is a party creating or transferring an interest or an estate in the Premises; or (4) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Lessee shall pay also pay, prior to delinquency, all privilege, sales, excise, use, business, occupation, or other taxes, assessments, license fees, or charges levied, assessed, or imposed upon Lessee’s business operations conducted at the Premises. If any such taxes are payable by Lessor and it shall not be lawful for Lessee to reimburse Lessor for such taxes, then the Rentals payable hereunder shall be increased to net Lessor the net Rental after imposition of any such tax upon Lessor as would have been payable to Lessor prior to the imposition of any such tax.
(iii) Any payments made by Lessee directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time applicable taxing authority pursuant to time this subsection 7.c. shall be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything made prior to the contrary contained hereinapplicable delinquency date for such payment, any sums payable by Tenant under this Article 6 and Lessee shall not be included in the computation deliver evidence of “Tax Costssuch payment to Lessor within fifteen (15) days thereafter.”
Appears in 1 contract
Samples: Net Office Lease (Splunk Inc)
Other Taxes. Tenant Customer shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all any Customer Equipment or any of Customer's other personal property of Tenant located in the PremisesSpace or Building. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other Customer's personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord Licensor and, as a result, real property taxes for the Project Building are increased, Tenant Customer shall pay to LandlordLicensor, within ten (10) days after delivery to Tenant Customer by Landlord Licensor of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvementsCustomer's property. Tenant Customer shall assume and pay to Landlord Licensor at the time Basic Rental Service Fees or License Fees next becomes becoming due (or if assessed after the expiration or earlier termination of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord Licensor on account of the letting licensing of the Premises Space, Services or Building or the payment of Basic Rental Service Fees, License Fees or any other sums due or payable hereunder, and which Landlord Licensor may be required to pay or collect under any law now in effect or hereafter enacted. In addition to TenantCustomer’s obligation pursuant to the immediately preceding sentence, Tenant Customer shall pay directly to the party or entity entitled thereto all business license feesLicense Fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon TenantCustomer, as and when the same become due and before delinquency. Notwithstanding anything Without limiting any of Customer's other obligations, with respect to Customer Equipment (and any other property of Customer), Customer shall be solely responsible to timely pay all taxes, consignment charges, importing and exporting fees, customs charges and duties, tariffs, shipping charges, freight charges, and all other charges, taxes, fees, duties and amounts relating to importing/exporting, delivery, shipping and/or inter-country/inter-state/cross-border transfers (all of the foregoing collectively referred to herein as “Importing Charges”). Customer shall ensure that all Importing Charges are timely paid, and that, prior to delivery of any Customer Equipment (or other customer property) to the contrary contained hereinBuilding, all Importing Charges have been paid to all applicable parties (including, without limitation, shipping companies and governmental entities). Without limiting any sums payable other remedies, Licensor may, without liability, in Licensor's sole and absolute discretion, (a) refuse, reject and turn away delivery of Customer Equipment (and other Customer property) at or to the Building (including, without limitation, in connection with any international shipments) in the event Licensor determines in good faith that Licensor or any of the other Indemnified Parties may incur cost or liability in connection with Importing Charges (and Customer hereby holds harmless and waives all claims against Licensor and the other Indemnified Parties in connection therewith, including, without limitation, as a result of any wrongful rejection), and/or (b) pay (whether voluntarily or involuntarily) any Importing Charges to the party requesting the same, subject to Customer's reimbursement obligations set forth below. Customer also hereby indemnifies, defends and holds harmless Licensor and the other Indemnified Parties from and against any and all charges and claims for Importing Charges relating to Customer Equipment or any other property of Customer. The foregoing provisions of this paragraph shall apply notwithstanding any acceptance, signature and/or payment by Tenant Licensor or any other Indemnified Party, and neither Licensor nor any other Indemnified Party shall be responsible for any wrongful acceptance or rejection of delivery, or any wrongful payment of (or refusal to pay) Importing Charges. In the event Licensor or any other Indemnified Party incur any Importing Charges in connection with Customer Equipment or any other property of Customer (including, without limitation, in connection with any wrongful acceptance of delivery and/or return of shipments), including, without limitation, as a result of Licensor's direct payment of any Importing Charges, then Customer shall reimburse the applicable party for all Importing Charges within ten (10) days after demand; failure of Customer to so timely reimburse shall constitute a Default under this Article 6 Agreement, and Licensor may exercise all rights and remedies in connection therewith. Neither Licensor nor any other Indemnified Party shall not have any obligation to inquire or investigate as to whether payment, or acceptance or rejection of delivery is proper, or whether any Importing Charges have been or should be included in the computation of “Tax Costspaid.”
Appears in 1 contract
Samples: License and Service Agreement (Digital Domain Media Group, Inc.)
Other Taxes. Tenant In addition to Subtenant’s Tax Proportionate Share, Subtenant shall pay, prior to delinquency, pay all taxes levied, imposed or assessed against or levied upon furniture, trade fixtures, furnishingsleasehold improvements (installed by or on behalf or Subtenant or anyone claiming under Subtenant), equipment equipment, signs and all any other of Subtenant’s personal or other property of Tenant located in or upon the Demised Premises. If at any time during the term of this Sublease, a tax or excise on rents, or other tax however described (except any franchise, estate, inheritance, capital stock, income or excess profits tax imposed upon Sublessor) is payable by Sublessor to any lawful taxing authority on account of Sublessor’s interest in this Sublease or the Rent reserved hereunder as a substitute in whole or in part, of the Taxes described in Article 6, Subtenant agrees to pay the amount of such tax or excise to Sublessor at the same time that Subtenant makes any payment of rent or other charges to Sublessor required hereunder. In the event any such tax or all of Tenant’s trade fixturesexcise is levied or assessed directly against Subtenant, furnishings, equipment and other personal property then Subtenant shall be assessed responsible for and taxed with property of Landlordshall pay the same at such times and in such manner as the taxing authority shall require, and Subtenant hereby agrees to indemnify and hold Sublessor harmless from and against any and all liabilities or if the cost or value obligations of any leasehold improvements nature whatsoever arising from or incurred in connection therewith. Subtenant shall have the Premises exceeds right to contest taxes on Subtenant’s personal property. If Parent Landlord has contested the cost or value real estate taxes and (i) if such application is successful; and (ii) Subtenant has made a payment with respect to real estate taxes in accordance with the terms of a Project-standard buildout as determined by Landlord and, as a result, real property taxes this Sublease for the Project are increased, Tenant shall pay period with respect to Landlord, within ten which the abatement was granted; and (10iii) days Subtenant is not in default of this Sublease beyond any applicable notice and cure period; and (iv) if Parent Landlord (after delivery to Tenant by Landlord of a written statement setting forth such amount, deducting from the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after abatement its reasonable expenses incurred by it in connection with the expiration of the Term, then within ten (10contest) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenanthas recomputed Sublessor’s obligation pursuant with respect to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts real estate taxes and similar refunded Sublessor’s overpayment to Sublessor, the Sublessor shall recompute Subtenant’s obligation with respect to real estate taxes and impositions which may from time refund Subtenant’s overpayment to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax CostsSubtenant.”
Appears in 1 contract
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the PremisesPremises which arise or accrue during the Term. In the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as reasonably and in good faith determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten thirty (1030) days after delivery to Tenant by Landlord of a written statement setting forth such amount and such documentation as is reasonably necessary for Tenant to verify the amount, the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental Base Rent next becomes due (or if assessed after the expiration of the Term, then within ten (10) business days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental Base Rent or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s 's obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Other Taxes. Tenant Lessee shall paypay the following:
(i) Lessee shall pay (or reimburse Lessor as additional rent if Lessor is assessed), prior to before delinquency, any and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively, “Leasehold Improvements and Personal Property”): Lessee’s Leasehold Improvements, the Lessee Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Lessor and is the standard of the Building. In Lessee hereby acknowledges receipt of a copy of a schedule setting forth the event improvements comprising the standard of the Building. If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant . Lessee shall pay to Landlord, Lessor such taxes within ten (10) days after delivery to Tenant Lessee by Landlord Lessor of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or xxxx, Lessor shall determine in good faith the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant the Leasehold Improvements and Personal Property which Lessee is obligated to pay.
(ii) Lessee shall assume and pay to Landlord at the time Basic Rental next becomes due (or reimburse Lessor if assessed after the expiration of the TermLessor is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Lessor or Lessee and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Lessee’s activities in the Premises (other than Lessor’s net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (1) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentencereceipt of such Rentals; (2) upon or with respect to the use, Tenant possession, occupancy, leasing, operation and management of the Premises or any portion thereof; (3) upon this transaction or any document to which Lessee is a party creating or transferring an interest or an estate in the Premises; or (4) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Lessee shall pay also pay, prior to delinquency, all privilege, sales, excise, use, business, occupation, or other taxes, assessments, license fees, or charges levied, assessed, or imposed upon Lessee’s business operations conducted at the Premises.
(iii) Any payments made by Lessee directly to the party or entity entitled thereto all business license feesapplicable taxing authority pursuant to this subsection 7.c. shall be made prior to the applicable delinquency date for such payment, gross receipts taxes and similar taxes and impositions which may from time Lessee shall deliver evidence of such payment to time be assessed against or levied upon Tenant, as and when the same become due and before delinquencyLessor within fifteen (15) days thereafter. Notwithstanding anything to the contrary contained hereinin this subsection 7.c., if Lessee in good faith disputes the amount of any sums payable by Tenant under payments which Lessee is required to make directly to the applicable taxing authority pursuant to this Article 6 subsection 7.c., then Lessee shall not be included have the right to contest such payment in accordance with applicable laws governing such contest, provided that no Lien or claim is filed against the Premises or any other portion of Lessor’s interest in the computation Project as a result of “Tax CostsLessee’s non-payment during the course of such contest, Lessee posts security in form and amount reasonably acceptable to Lessor to effectively prevent any exercise of remedies by the taxing authority due to non-payment during the course of any such contest, and Lessee promptly makes such payment when due following the resolution of such contest.”
Appears in 1 contract
Samples: Net Office Lease (Vyyo Inc)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In So long as every other lease of space in the Building contains the same provision and such provisions are enforced by landlord, in the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a ProjectBuilding-standard buildout build-out as determined by Landlord and, as a result, real property taxes for the Project Property are increased, Tenant shall pay to Landlord, Landlord its share of such taxes within ten business (10) days after delivery to Tenant by Landlord of a written statement in writing setting forth such amount, the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days)paying Rent, any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes or taxes in lieu of income taxes) which may be assessed against imposed on or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental Rent or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 4 shall not be included in the computation of “Tax Costs"Taxes.”"
Appears in 1 contract
Samples: Lease (Alnylam Pharmaceuticals Inc)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against imposed on or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Samples: Standard Office Lease (Alliance Bancshares California)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article Section 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Samples: Office Lease (Celladon Corp)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as reasonably determined by Landlord and, as a result, real property taxes for the Project are increased, and provided other tenants of the Project are similarly treated, then Tenant shall pay to Landlord, within ten thirty (1030) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvementsimprovements and Tax Cost for each such year shall not include such excess taxes. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten thirty (1030) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income franchise and estate taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 or by another tenant pursuant to a provision similar to this Article 6, or which are expressly excluded from the definition of Tax Costs pursuant to Article 6, shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Samples: Standard Office Lease (Move Inc)
Other Taxes. Tenant shall paypay the following:
(1) Tenant shall pay (or reimburse Landlord as additional rent if Landlord is assessed), prior to before delinquency, and all taxes assessed against levied or levied assessed, and which become payable for or in connection with any period during the Term, upon trade fixturesall of the following (collectively "Leasehold Improvements and Personal Property"): Tenant's leasehold improvements, the Tenant Improvements, equipment, furniture, furnishings, equipment fixtures, merchandise, inventory, machinery, appliances and all other personal property of Tenant located in the Premises; except only that which has been paid for by Landlord and is standard in the Mall. In the event If any or all of Tenant’s trade fixtures, furnishings, equipment the Leasehold Improvements and other personal property shall be Personal Property are assessed and taxed with property of Landlord, or if to the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increasedMall, Tenant shall pay to Landlord, Landlord such amounts within ten (10) days after delivery to Tenant by Landlord of a written statement in writing setting forth such amountthe amount applicable to the Leasehold Improvements and Personal Property. If the Leasehold Improvements and Personal Property are not separately assessed on the tax statement or bxxx, Landlord's good faith determination of the amount of such taxes applicable to the Leasehold Improvements and Personal Property shall be a conclusive determination of Tenant’s property or above-standard improvements. 's obligation to pay such amount.
(2) Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or reimburse Landlord if assessed after the expiration of the TermLandlord is assessed, then as additional rent), prior to delinquency or within ten (10) days)days after receipt of a statement thereof, any exciseand all other taxes, saleslevies, useassessments, rentor surcharges payable by Landlord or Tenant and relating to this Lease, occupancy, garage, parking, gross receipts the Premises or other taxes Tenant's activities in the Premises (other than Landlord's net income income, succession, transfer, gift, franchise, estate, or inheritance taxes) ), whether or not now customary or within the contemplation of the parties hereto, now in force or which may be assessed against hereafter become effective, including but not limited to taxes: (i) upon, allocable to, or levied upon Landlord on account of measured by the letting area of the Premises or on the payment of Basic Rental or any other sums due or Rentals payable hereunder, and which Landlord may be required to pay including without limitation any gross income, gross receipts, excise, or collect under other tax levied by the state, any law now in effect political subdivision thereof, city or hereafter enacted. In addition to Tenant’s obligation pursuant federal government with respect to the immediately preceding sentencereceipt of such Rents; (ii) upon or with respect to the use, possession, occupancy, leasing, operating and management of the Premises or any portion thereof; (iii) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises; or (iv) imposed as a means of controlling or abating environmental pollution or the use of energy, including, without limitation, any parking taxes, levies or charges or vehicular regulations imposed by any governmental agency. Tenant shall pay directly also pay, prior to the party delinquency, all privilege, sales, excise, use, business, occupation, or entity entitled thereto all business other taxes, assessments, license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied charges levied, assessed, or imposed upon Tenant, as and when 's business operations conducted at the same become due and before delinquencyPremises. Notwithstanding anything to the contrary contained herein, If any sums such taxes are payable by Tenant under this Article 6 Landlord and it shall not be included in lawful for Tenant to reimburse Landlord for such taxes, then the computation Rentals payable hereunder shall be increased to net Landlord the net Rental after imposition of “Tax Costsany such tax upon Landlord as would have been payable to Landlord prior to the imposition of any such tax.”
Appears in 1 contract
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout build-out as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten fifteen (1015) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten fifteen (1015) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Samples: Office Lease (Wowio, Inc.)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-Project standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “"Tax Costs.”"
Appears in 1 contract
Samples: Office Lease (MFC Development Corp)
Other Taxes. (a) Tenant shall pay, prior to delinquency, reimburse Landlord upon demand for any and all taxes payable by Landlord (other than as set forth in Article 5.9(b) below), whether or not now customary or within the contemplation of Landlord and Tenant:
(1) upon or measured by rent, including without limitation, any gross revenue tax, excise tax, or value added tax levied by the federal government or any other governmental body with respect to the receipt of rent (but specifically excluding any tax imposed on the transfer of property or interests in property); and
(2) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises.
(3) upon a reassessment of the Project or Building by a taxing authority having jurisdiction over the same.
(b) Tenant will not be obligated to pay any inheritance tax, gift tax, franchise tax, federal income tax (based on net income), profit tax, or capital levy imposed upon Landlord; provided, however, that Tenant shall pay any tax or excise on Rent or other amounts payable by Tenant to Landlord levied or assessed against Landlord on account of Rent.
(c) Tenant shall pay promptly when due all taxes, charges or other governmental impositions assessed against, levied upon trade or otherwise imposed upon or with respect to Tenant’s fixtures, furnishings, personal property, systems and equipment located in or exclusively serving the Premises, and all other personal any improvements made by Tenant to the Premises under or pursuant to the provisions of this Lease. If any of such taxes are levied or assessed against Landlord or Landlord’s property or if the assessed value of the Premises is increased by the inclusion therein of a value placed upon such property of Tenant, and if Landlord, after written notice to Tenant, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, but only under proper protest if requested by Tenant, Tenant located in shall, upon demand, repay to Landlord the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of taxes so levied against Landlord, or if the cost or value portion of any leasehold improvements such taxes resulting from such increased in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, assessment. Tenant shall pay to Landlordany rent tax, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amountsales tax, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Termservice tax, then within ten (10) days)transfer tax, any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental value added tax or any other sums due applicable tax on the Rent, utilities or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained services herein, the privilege of renting, using or occupying the Premises, or collecting Rent therefrom, or otherwise respecting this Lease or any sums payable by Tenant under this Article 6 shall not be included other document entered into in the computation of “Tax Costsconnection herewith.”
Appears in 1 contract
Samples: Office Lease (Dendreon Corp)
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a ProjectBuilding-standard buildout as reasonably determined by Landlord andand to the extent, as a direct result, real property taxes for the Project Fee Lot are increased, Tenant shall pay to Landlord, within ten (10) days after with the next monthly installment of Base Rent following delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental Base Rent next becomes due (or if assessed after the expiration of the Term, then within ten (10) business days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises to Tenant or the payment of Basic Rental Base Rent or any other sums due or payable hereunderhereunder from Tenant, and which Landlord may be required to pay or collect under any law now in effect or hereafter enactedenacted during the Term of this Lease. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto thereto, or otherwise timely contest, all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “Tax Costs.”
Appears in 1 contract
Other Taxes. Tenant shall pay, prior to delinquency, all taxes assessed against or levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant located in the Premises. In the event any or all of Tenant’s 's trade fixtures, furnishings, equipment and other personal property shall be assessed and taxed with property of Landlord, or if the cost or value of any leasehold improvements in the Premises exceeds the cost or value of a Project-standard buildout as determined by Landlord and, as a result, real property taxes for the Project are increased, Tenant shall pay to Landlord, within ten (10) days after delivery to Tenant by Landlord of a written statement setting forth such amount, the amount of such taxes applicable to Tenant’s 's property or above-standard improvements. Tenant shall assume and pay to Landlord at the time Basic Rental next becomes due (or if assessed after the expiration of the Term, then within ten (10) days), any excise, sales, use, rent, occupancy, garage, parking, gross receipts or other taxes (other than net income taxes) which may be assessed against or levied upon Landlord on account of the letting of the Premises or the payment of Basic Rental or any other sums due or payable hereunder, and which Landlord may be required to pay or collect under any law now in effect or hereafter enacted. In addition to Tenant’s obligation pursuant to the immediately preceding sentence, Tenant shall pay directly to the party or entity entitled thereto all business license fees, gross receipts taxes and similar taxes and impositions which may from time to time be assessed against or levied upon Tenant, as and when the same become due and before delinquency. Notwithstanding anything to the contrary contained herein, any sums payable by Tenant under this Article 6 shall not be included in the computation of “"Tax Costs.”"
Appears in 1 contract