Payment by Lessee. Upon any Event of Default, Lessee shall pay to Lessor all costs incurred by Lessor (including court costs and reasonable attorneys' fees and expenses) in (i) obtaining possession of the Leased Premises, (ii) removing and storing Lessee's or any other occupant's property, (including the cost of altering any locks or security devices), (iii) the reasonable cost of repairing, restoring, altering, remodeling, or otherwise putting the Leased Premises into rentable condition, (iv) if Lessee is dispossessed of the Leased Premises and this Lease is not terminated, reletting all or any part of the Leased Premises (including brokerage commissions, cost of tenant finish work to Building Standards, and other costs incidental to such reletting), (v) performing Lessee's obligations which Lessee failed to perform, and (vi) enforcing, or advising Lessor of, its rights, remedies, and recourse arising out of the Event of Default.
Payment by Lessee. (i) The Lessee hereby agrees to pay and assume liability for, and on written demand to indemnify, protect, defend, save and hold harmless each Indemnitee from and against, any and all governmental or quasi-governmental fees (including without limitation license and registration fees), taxes (including without limitation gross receipts, franchise, sales, use, property, real or personal, tangible or intangible), interest equalization and stamp taxes, assessments, levies, imposts, duties, charges or withholdings of any nature whatsoever, together with any and all penalties, fines or interest thereon ("Fees, Taxes and Other Charges") imposed against any Indemnitee, the Lessee or the Facility or any portion thereof by any Federal, state or local governmental or taxing authority in the United States of America or by any foreign government or any subdivision or taxing authority thereof, upon or with respect to the occupation and operation of the Facility by the Lessee and the production and sale of the Product.
(ii) Notwithstanding anything to the contrary set forth above, the provisions of this Section 16.02 shall not apply to:
(A) Fees, Taxes and Other Charges on, or measured in whole or in part by (y) the net income or gross income of an Indemnitee or (z) the franchise, capital, conduct of business, net worth or tax preference of an Indemnitee;
(B) Fees, Taxes and Other Charges to the extent on, levied on, or measured by, any fees or compensation received by an Indemnitee for services rendered in connection with this Agreement;
(C) Fees, Taxes or Other Charges which result from any Indemnitee engaged in activities not related to this Agreement;
(D) so long as no Event of Default has occurred and is continuing, Fees, Taxes or other Charges imposed as a result of the voluntary sale, transfer, assignment or other disposition of any interest in the Facility by an Indemnitee, if such disposition shall not be pursuant to or in connection with Article XIV hereof;
(E) Fees, Taxes or Other Charges imposed solely with respect to any period after the end of the Term unless an Event of Default has occurred and is continuing and the Lessor shall be exercising remedies with respect thereto;
(F) Fees, Taxes or Other Charges imposed as the result of any transfer or disposition of any interest in the Facility by any Indemnitee resulting from bankruptcy or other proceedings for the relief of debtors (voluntary or involuntary) in which the transferor is the debtor; or
(G) Fees, ...
Payment by Lessee. Lessee shall pay to Lessor, as additional rent, its proportionate share of Common Area Costs as hereinafter defined, within ten (10) business days of receiving a bill xxxrefor from Lessor, but no more frequently than monthly. Lessee's proportionate share (or "pro rata %") shall be that fraction of Common Area Costs the numerator of which is the number of square feet in the Leased Premises and the denominator of which is the gross leasable area of buildings in the Complex having the use of the Common Areas. Lessee's initial pro rata % of Common Area Costs is stated in Section 1.8. Lessor may bill Xxxsee estimated charges in accordance with Section 8.5. Notwithstanding the preceding provisions of this Section 8.3, Lessee's proportionate share as to certain expenses included in Common Area Costs may be calculated differently to yield a higher percentage share for Lessee as to certain expenses in the event Lessor permits other tenants in the Complex to incur such expenses directly rather than have Lessor incur the expense in common for the Complex. In such case Lessee's proportionate share of the applicable expense shall be calculated as having as its denominator the gross leasable area of all Premises in the Complex less the gross leasable area of all Premises in the Complex less the gross leasable area of tenants who have incurred such expense directly. In any case where Lessee, with Lessor's consent, incurs such expenses directly, Lessee's proportionate share of Common Area Costs will be calculated specially so that expenses of the same character which are incurred by Lessor for the benefit of other tenants in the Complex shall not be pro-rated to Lessee. Nothing herein shall imply that Lessor will permit lessee or any other tenant of the Complex to incur Common Area Costs. Any such permission shall be in the sole discretion of Lessor, which Lessor may grant or withhold in its arbitrary judgment.
Payment by Lessee. Lessee covenants and agrees during the entire Lease Term, at its own cost and expense, to pay, subject to any applicable exemptions, the public officers charged with their collection, prior to delinquency and before any fine, penalty, interest, or other charge may be added to them for nonpayment, all real estate taxes, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind and nature, made, assessed, levied or imposed upon, or due and payable in connection with, or which become a lien upon the Site, the Improvements, or any part of the Site or Improvements, or upon this Lease, as well as assessments for sidewalks, streets, sewers, water, or any other public improvements and any other improvements or benefits which shall, during the Lease Term, be made, assessed, levied, or imposed upon or become due and payable in connection with, or a lien upon the Site, the Improvements, or any part of the Site or Improvements, or upon this Lease. Nothing herein shall impair Lessee’s right to request and receive exemption from the payment of real estate taxes under California Revenue and Taxation Code Section 214(g). Notwithstanding anything in this Lease to the contrary, Lessee shall not be required to pay any franchise tax or transfer tax imposed on any document to which Lessor is a party (other than this Lease) creating or transferring an estate or interest in the Site, any municipal, state or federal income taxes levied against Lessor, any income, profits or revenues tax, assessment or charge imposed upon the Rent received by Lessor under this Lease, any estate, gift, succession, inheritance or transfer taxes of Lessor, or any business and occupational tax attributed and imposed upon Lessor for work, business or income not related or attributable to the Site.
Payment by Lessee. Payment for all utilities used upon or in connection with the Leased Premises shall be made by Lessee. Lessor grants to Lessee the right to pro-rate its payments for utilities with the payments for utilities with other tenants in the Leased Premises or the Development, provided Lessee reimburses other tenants' use of their utilities in return.
Payment by Lessee. Lessee acknowledges and agrees that this Lease will create a possessory interest subject to property taxation. Lessee agrees to pay and discharge, as additional rent for the Property during the term of this Lease, before delinquency, all taxes (including, without limitation, possessory interest taxes associated with the Property, this Lease and any so-called value added tax), assessments (including, without limitation, all assessments for public improvements or benefits, whether or not commenced or completed prior to the date hereof and whether or not to be completed within the term of this Lease), fees, levies, water and sewer rents, rates and charges, vault license fees or rentals, license and permit fees and other governmental charges of any kind or nature whatsoever, general and special, ordinary and extraordinary, foreseen and unforeseen, or hereinafter levied or assessed in lieu of or in substitution of any of the foregoing (all of the foregoing collectively called "taxes") which are or may be at any time or from time to time during the term of this Lease levied, charged, assessed or imposed upon or against the Property, the Land or any improvements which are now or hereafter located thereon, or against any of Lessee's personal property now or hereafter located thereon, or which may be levied, charged, assessed or imposed upon or against the leasehold estate created hereby or which may be imposed upon any taxable interest of Lessee acquired pursuant to this Lease on account of any taxable possessory right which Lessee may have acquired pursuant to this Lease. Lessee shall pay or reimburse Lessor, as the case may be, for any fines, penalties, interest or costs which may be added by the collecting authority for the late payment or nonpayment of any taxes required to be paid by Lessee hereunder. Nothing herein shall impair Lessee’s right to request and receive exemption from the payment of real estate taxes under California Revenue and Taxation Code Section 214(g).
Payment by Lessee. In addition to the Rent, Lessee shall, as further consideration for this Lease, pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this lease may be levied on or assessed against the Leased Premises and all interests therein and all improvements and other property thereon, whether belonging to Lessor or to Lessee, or to which either of them may become liable in relation thereto. Lessee shall pay all such taxes, assessments, and charges at least ten (10) days prior to the date of delinquency thereof and shall give written notice of each such payment to Lessor within five days after such payment is made.
Payment by Lessee. Lessee, from the time it first enters the Leased Premises for the purpose of setting fixtures, or from the commencement of this Lease, whichever date shall first occur, and throughout the term of this Lease, shall pay all charges including connection fees for water, gas, heat, sewer, power, telephone services and any other utility supplied to or consumed in or on the Leased Premises. Lessee shall not allow refuse, garbage or trash to accumulate outside of the Leased Premises except on the day of scheduled scavenger pick-up services, and then only in areas reasonably designated for that purpose by Lessor. Lessor shall not be responsible or liable for any interruption in utility services, nor shall such interruption affect the continuation or validity of this Lease,
Payment by Lessee. Within ten (10) days of receiving a bill xxxrefor from Lessor, Lessee shall pay to Lessor, as Additional Rent, its proportionate share of Common Area Costs, as hereinafter defined, which arise or accrue during the Lease Term. Lessee's proportionate share shall be the percentage amount (which is currently 3.3%) applicable to the Leased Premises as set forth in Article IV, Section 5(e) of the Declaration, as the same may be modified from time to time. Lessor may bill Xxxsee estimated charges in accordance with Section 10.5 hereof. Notwithstanding the foregoing, Lessee's proportionate share as to certain expenses included in Common Area Costs may be calculated differently to yield a higher percentage share for Lessee as to certain expenses in the event Lessor permits other tenants or other occupants in the Shopping Center to incur such expenses directly rather than have Lessor incur the expense in common for the Shopping Center. In any case where Lessee, with Lessor's
Payment by Lessee. Commencing as of the Effective Date hereof and throughout the Lease Term, Lessee shall pay all charges (including any connection or hook-up fees or similar charges), for water, gas, heat, sewer, power, telephone services and any other utility supplied to or consumed in or on the Leased Premises. Lessee shall also arrange for refuse, garbage or trash pick-up for the Leased Premises and all costs, fees and expenses incurred in connection therewith shall be borne by Lessee. Lessee shall not allow refuse, garbage or trash to accumulate outside of the Leased ------------- ----------- Lessor's Lessee's Initials Initials Premises except on the day of scheduled scavenger pick-up services, and then only in areas designated for that purpose by Lessor. Lessor shall not be responsible or liable for any interruption in utility services, nor shall such interruption affect the continuation or validity of this Lease.
