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. Lessee covenants and agrees during the entire Lease Term, at its own cost and expense, to pay, subject to any applicable exemptions, 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 000 X. Xxxx Street Property, the Improvements located thereon, or any part of the 000 X. Xxxx Street Property or Improvements located thereon, 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 000 X. Xxxx Street Property, the Improvements, or any part of the 000 X. Xxxx Street Property 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. 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 000 X. Xxxx Street Property, 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 000 X. Xxxx Street Property.
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. (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.
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 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. 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, 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. Subject to the provisions of Section 6.2, in addition to the Annual Basic Rental, Tenant shall pay to the applicable taxing authorities (with a copy or receipt to Landlord), no later than ten (10) days prior to the due date therefor, all real property, personal property and ad valorem taxes and assessments, general and special, water taxes and all other impositions, ordinary and extraordinary of every kind and nature whatsoever, which, during the Term of this Lease, may be levied or assessed against the Premises. Landlord agrees to deliver copies of statements received by Landlord for all of the foregoing to Tenant within ten (10) days following the date Landlord receives such statements from applicable taxing authorities. Tenant shall be responsible for all delinquencies and penalties if the same are incurred because Tenant did not timely remit Taxes to the applicable taxing authorities or because the amount Tenant remitted was insufficient to pay all Taxes. Tenant shall also be solely responsible for and pay within the time provided by law all taxes imposed on its inventory, trade fixtures, apparatus, leasehold improvements (installed by or on behalf of Tenant), equipment and other personal property. All taxes, assessments and other costs to be paid by Tenant pursuant to this Section 6.1 are collectively referred to herein as the “Taxes”; provided, however, “Taxes” shall in no event include (i) any federal, state, or other tax on the income of Landlord, (ii) any franchise, estate, inheritance or similar tax imposed upon Landlord, (iii) any tax, assessment, recording fee, charge, or other levy imposed in connection with the sale or mortgage of the Premises, or any portion thereof or (iv) any increases in ad valorem taxes resulting from an increase in the appraised or assessed value thereof following the sale or conveyance of the Premises to an Affiliate of Landlord. To the extent Tenant fails to pay any of the Taxes when required pursuant to the terms hereof, Landlord shall have the right to do so and upon Landlord’s payment thereof the same, together with interest thereon at the Default Rate, shall become Additional Rental hereunder payable by Tenant on demand by Landlord.
Payment by Lessee. (1) The Lessee hereby agrees to pay and assume ----------------- liability for, and on written demand to indemnify, protect, defend, save and hold harmless on an after-tax basis 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, excise, 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, additions to tax or interest thereon ("Fees, Taxes and Other Charges") imposed against any Indemnitee, the Lessee or the Equipment or any portion thereof by any Federal, state or local government 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 (i) the Equipment or any portion thereof or interest therein, (ii) the manufacture, financing, construction, preparation, installation, purchase, ownership, acquisition, acceptance, rejection, delivery, non-delivery, possession, re-leasing, rental, use, operation, transportation, leasing, subleasing, condition, maintenance, repair, sale, transfer of title, return, abandonment, or other application or disposition of the Equipment or any portion thereof, (iii) the rental payments, receipts, earnings or profits arising from the Equipment or any portion thereof or interest therein or payable pursuant to this Lease, (iv) interest, principal and other amounts payable on the Notes or any other indebtedness secured by the Equipment and the payment thereof pursuant to the Notes and any other indebtedness secured by the Equipment, (v) the Operative Documents or the issuance of the Notes or any instrument contemplated by the Operative Documents, or (vi) otherwise with respect to or in connection with the Overall Transaction.
