Common use of Payment by Tenant Clause in Contracts

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without charge. For any additional dishes, if permitted by Landlord, Tenant shall pay to Landlord, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writing.

Payment by Tenant. (a) Tenant shall pay directly to the applicable tax authorities, before delinquent, as additional rent for the Premises, all taxes and assessments, general and special, water rates and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed or imposed upon the Premises, or any part thereof, or upon any improvements at any time situated thereon, accruing or becoming due and payable during the Term (“Impositions’); provided, however, that the general taxes levied against the Premises shall be prorated between Landlord and Tenant as of the Commencement Date and the Expiration Date of the Term for the appropriate Lease Year of the Term (on the basis of Landlord’s reasonable estimate thereof). (b) If the Premises are not separately assessed, upon request of Tenant, Landlord shall use its best efforts to cause the Impositions on the Premises and on the Improvements thereon or thereto to be assessed and billed to Tenant separately from any adjoining properties; provided, however, that upon written notice to Landlord, Tenant shall have the right (but not the obligation) to cause such separate assessment and billing. If the Impositions on the Premises are separately assessed and billed to Tenant, Tenant shall furnish to Landlord evidence of the payment thereof within ten (10) days after the date on which said Impositions would become delinquent. Such evidence shall be sent to each place designated in this Lease for the giving of notices to Landlord. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during any Impositions on the Term without charge. For any additional dishes, if permitted by Premises are separately assessed but are billed to Landlord, Tenant shall pay the same to the appropriate taxing authority, on the later of (i) ten (10) days after receipt of a xxxx therefor from Landlord, or (ii) the date on which said Impositions would become delinquent. In the event any Impositions on the Premises are not separately assessed but are assessed together with any taxes and assessments on a larger parcel which includes the Premises (the “Main Parcel”), Tenant shall pay to Landlord the Impositions on the Premises as levied or assessed by the applicable taxing authority, which shall be determined by reference to the records of said taxing authority, including, without limitation, the work sheets and documents compiled by such taxing authority or the applicable assessor’s office. In the event it is not possible to determine the Impositions applicable to the Premises or Improvements thereto by reference to the foregoing records, Tenant shall pay to Landlord its proportionate share of such Impositions on the Main Parcel, which share shall be calculated as follows: (i) As to any Impositions on land, Tenant’s share shall be a fractional portion of the taxes and/or assessments assessed against the land comprising the Main Parcel, the numerator of which shall be number of square feet of land included within the Premises and the denominator of which shall be the number of square feet of land included within the Main Parcel. (ii) As to any Impositions on Improvements, Tenant’s share shall be a fractional portion of the taxes and/or assessments assessed against all the improvements on the Main Parcel, the numerator of which shall be the appraised value of the buildings on the Premises and the denominator of which shall be the total appraised value of all buildings on the Main Parcel, as determined by an appraiser jointly selected by Landlord and Tenant. In such event (A) the Impositions shall be paid by Tenant to Landlord on or before the first later of (1sti) day ten (10) days after receipt of each calendar month during a xxxx therefor from Landlord, or (ii) the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, date on which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing ratessaid Impositions would become delinquent, and shall be waived for one (1B) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have pay the right to remove Impositions and taxes and assessments on the Transmission and/or Reception EquipmentPremises and such Main Parcel on or before the date any such taxes and assessments would become delinquent. If said Impositions are not paid by Tenant on or before such due date, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. to Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant together with such taxes an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of interest on such Impositions from the Transmission and/or Reception Equipment initially approved by Landlord to due date until paid at the extent the same was requested by Xxxxxx in writingDefault Rate (as defined herein).

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without chargeshall pay all Impositions prior to delinquency. For any additional dishes, if permitted by LandlordIf billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord's invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before the first (1st) day April 10 and December 10 of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term year of the Lease. Tenant’s failure to pay such amountsTerm, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days directly to the San Mateo County assessor the Real Property Taxes for the Premises as set forth on the assessors tax bill xxx the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of being invoiced a larger tax parcel or parcels, the Real Property Taxes payable by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any under this Lease shall be a percentage of the Transmission and/or Reception Equipment initially approved Real Property Taxes payable for such parcel or parcels, which percentage shall be determined by dividing the Rentable Area of the Building by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord to monthly as part of the extent the same was requested by Xxxxxx in writingCommon Area Maintenance Costs.

Payment by Tenant. Tenant shall pay all Impositions prior to delinquency. If billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord’s invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord’s payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before April 10 and December 10 of each year of the event Term, Tenant exercises its rights shall pay directly to the San Mateo County assessor the Real Property Taxes for the Premises as set forth on the assessor’s tax xxxx for the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Article 26Lease shall be a percentage of the Real Property Taxes payable for such parcel or parcels, one 36-inch satellite dish may which percentage shall be used determined by dividing the Rentable Area of the Premises by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant during to Landlord monthly as part of the Term without chargeCommon Area Maintenance Costs. For any additional dishesPromptly following payment of the Real Property Taxes, Tenant shall provide Landlord with copies of paid receipts or other documentary evidence that the Real Property Taxes have been paid by Tenant. If Tenant fails to pay the Real Property Taxes on or before April 10 and December 10, respectively, or if permitted by LandlordTenant fails to pay its share of Real Property Taxes as part of the Common Area Maintenance Costs, Tenant shall pay to LandlordLandlord any penalty incurred by such late payment. In addition, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay any Real Property Tax not included within thirty the county tax assessor’s tax xxxx within ten (3010) days of after being invoiced billed for same by Landlord. Landlord The foregoing dates are based on the dates established by the county as the dates on which Real Property Taxes become delinquent if not paid. If such delinquency dates change, the dates on which Tenant must pay the Real Property Taxes for the Premises shall be at least ten (10) days prior to the new delinquency dates. Assessments, taxes, fees, levies and charges may electbe imposed by governmental agencies for such purposes as fire protection, in Xxxxxxxx’s sole street, sidewalk, road, utility construction and absolute discretionmaintenance, refuse removal and for other governmental services which may formerly have been provided without charge to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to property owners or relocation of any occupants. It is the intention of the Transmission and/or Reception Equipment initially approved by Landlord parties that all new and increased assessments, taxes, fees, levies and charges are to be included within the extent definition of Real Property Taxes for the same was requested by Xxxxxx in writingpurposes of this Lease.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without charge. For any additional dishes, if permitted by Landlord, Tenant shall pay to Landlord, as additional rent hereunder, for each calendar year all or any part of which falls within the term of the Lease ("Adjustment Year"), Tenant's Pro Rata Share of the amount by which the Impositions for such Adjustment Year exceeds the Base Impositions ("Imposition Adjustment"). Tenant shall make payments ("Estimated Payment") on account of the Imposition Adjustment effective as of the first day of the term of this Lease and of the first day of each subsequent Adjustment Year as follows: (a) Landlord may, prior to each Adjustment Year or from time to time during the Adjustment Year, deliver to Tenant a written notice or notices ("Projection Notice") setting forth Landlord's reasonable estimate of the Impositions for such Adjustment Year and Tenant's Estimated Payments for such Adjustment Year. (b) Until such time as Landlord notifies Tenant of the Estimated Payments for an Adjustment Year, Tenant shall, at the time of each payment of monthly installment of annual rental, pay to Landlord a monthly installment of Estimated Payments equal to the greater of the latest monthly installment of Estimated Payments or one-twelfth (1/12) of Tenant's latest determined Imposition Adjustment. On or before the first day of the next calendar month following Landlord's notice, and on or before the first (1st) day of each calendar month during thereafter, Tenant shall pay to Landlord one-twelfth (1/12) of the Term Estimated Payment shown in Landlord's notice. Within fifteen (15) days following receipt of Landlord's notice, Tenant shall also pay Landlord a lump sum equal to the Estimated Payment shown in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be Projection Notice less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device any previous payments on account of Estimated Payments made during such Adjustment Year and conduit space only (2) monthly installments on account of Estimated Payments due for the initial Term remainder of such Adjustment Year. (c) After Landlord shall have determined the Lease. Tenant’s failure to pay actual amount of Impositions for such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ noticeAdjustment Year, Landlord shall have notify Tenant in writing ("Landlord's Statement") of such Impositions for such Adjustment Year. If the right to remove Imposition Adjustment owed for such Adjustment Year exceeds the Transmission and/or Reception EquipmentEstimated Payments paid by Tenant for such Adjustment Year, at Tenant’s expensethen within ten (10) days after receipt of Landlord's Statement, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. to Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any the excess of the Transmission and/or Reception Equipment initially approved Imposition Adjustment over the Estimated Payments paid by Tenant for such Adjustment Year. If such Estimated Payments exceed the Imposition Adjustment owed for such Adjustment Year, then Landlord shall refund the difference to Tenant within fifteen (15) days after delivery of Landlord's Statement. (d) If the extent term of this Lease commences on any day other than the same was requested first day of an Adjustment Year or ends on any day other than the last day of an Adjustment Year as the case may be, the Imposition Adjustment for such year payable by Xxxxxx Tenant shall be prorated based on the number of days in writingsuch Adjustment Year included in the term of this Lease. (e) No interest shall accrue or be payable with respect to Estimated Payments.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without chargeshall pay all Impositions prior to ----------------- delinquency. For any additional dishes, if permitted by LandlordIf billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord's invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before the first (1st) day April 10 and December 10 of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term year of the Lease. Tenant’s failure to pay such amountsTerm, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days directly to the San Mateo County assessor the Real Property Taxes for the Premises as set forth on the assessors tax xxxx for the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of being invoiced a larger tax parcel or parcels, the Real Property Taxes payable by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any under this Lease shall be a percentage of the Transmission and/or Reception Equipment initially approved Real Property Taxes payable for such parcel or parcels, which percentage shall be determined by dividing the Rentable Area of the Building by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord to monthly as part of the extent the same was requested by Xxxxxx in writingCommon Area Maintenance Costs.

Payment by Tenant. Tenant shall pay all Impositions prior to delinquency. If billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord's invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before April 10 and December 10 of each year of the event Term, Tenant exercises its rights shall pay directly to the San Mateo County assessor the Real Property Taxes for the Premises as set forth on the assessor's tax bill xxx the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Article 26Lease shall be a percentage of the Real Property Taxes payable for such parcel or parcels, one 36-inch satellite dish may which percentage shall be used determined by dividing the Rentable Area of the Building by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant during to Landlord monthly as part of the Term without chargeCommon Area Maintenance Costs. For any additional dishesPromptly following payment of the Real Property Taxes, Tenant shall provide Landlord with copies of paid receipts or other documentary evidence that the Real Property Taxes have been paid by Tenant. If Tenant fails to pay the Real Property Taxes on or before April 10 and December 10, respectively, or if permitted by LandlordTenant fails to pay its share of Real Property Taxes as part of the Common Area Maintenance Costs, Tenant shall pay to LandlordLandlord any penalty incurred by such late payment. In addition, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay any Real Property Tax not 38 included within thirty the county tax assessor's tax bill xxxhin ten (3010) days of after being invoiced billed for same by Landlord. Landlord The foregoing dates are based on the dates established by the county as the dates on which Real Property Taxes become delinquent if not paid. If such delinquency dates change, the dates on which Tenant must pay the Real Property Taxes for the Premises shall be at least ten (10) days prior to the new delinquency dates. Assessments, taxes, fees, levies and charges may electbe imposed by governmental agencies for such purposes as fire protection, in Xxxxxxxx’s sole street, sidewalk, road, utility construction and absolute discretionmaintenance, refuse removal and for other governmental services which may formerly have been provided without charge to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to property owners or relocation of any occupants. It is the intention of the Transmission and/or Reception Equipment initially approved by Landlord parties that all new and increased assessments, taxes, fees, levies and charges are to be included within the extent definition of Real Property Taxes for the same was requested by Xxxxxx in writingpurposes of this Lease.

Payment by Tenant. Tenant shall pay as "Additional Rent" for the Leased Premises, all taxes and assessments, general and special, water rates and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, that may be levied, assessed, charged or imposed during the term of the Lease upon the Leased Premises, or any part thereof, or upon any improvements at any time situated thereon, including without limitation, any assessment by any association of owners of property in the complex of which the Leased Premises are a part. Impositions shall also include fees and costs incurred by Landlord during or prior to the Lease term for the purpose of contesting or protesting tax assessments or rates, to the extent such fees and costs relate to savings realized during the term of the Lease and any extension thereof. Tenant may take the benefit of the provisions of any statute or ordinance permitting any assessment to be paid over a period of years, and Tenant shall be obligated to pay only those installments falling due during the term of this Lease. In the event that the fee mortgagee requires that taxes or insurance be paid in escrow, Tenant exercises agrees to pay such items in escrow to the Landlord or as if so directed, to the fee mortgagee. If at a time during the term of this Lease during which the Tenant shall not be paying escrows under the preceding sentence, Tenant shall fail to timely pay prior to their respective due date (being that date before which any interest or penalties would be assessed or accrue by reason of late payment), or if Tenant shall be default in any of its rights monetary obligations under this Article 26Lease, one 36-inch satellite dish may be used by Tenant during the Term without charge. For then and in any additional dishesof such events, if permitted by upon ten business days written from Landlord, Tenant shall be obligated to establish, and thereafter pay to Landlord, Landlord on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant a monthly basis an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any 1/12th of the Transmission and/or Reception Equipment initially approved annual Impositions as determined by Landlord so that Landlord will have available thirty days prior to the extent respective due date the same was requested amount of the Imposition then next due to the respective taxing or billing authority. In the event that there shall be any shortfall in the amount estimated, Tenant shall pay such deficiency within five business days' notice of same. Tenant shall be required to pay such amount to Landlord as previously required until notified by Xxxxxx in writingLandlord that a different amount shall be due each month. All monies payable by Tenant under this Section 5.0 shall be deemed items of additional rent due under this Lease. For purposes of this Section 5.0, Impositions may include premiums for insurance required to be carried by Tenant under this Lease.

Payment by Tenant. In Subject to the event provisions of Section 6.2, in addition to the Annual Basic Rental, Tenant exercises its rights under this Article 26shall reimburse Landlord for all ad valorem taxes and assessments, one 36-inch satellite dish may be general and special, all personal property taxes, all water taxes and all other impositions, ordinary and extraordinary of every kind and nature whatsoever relating to the Property, the Premises or Tenant’s property located thereon or used by Tenant in connection therewith, including, but not limited to, maintenance assessments and other charges imposed pursuant to the Permitted Encumbrances, which, during the Term without chargeof this Lease, may be levied or assessed against the Premises. For any additional dishesLandlord agrees to deliver copies of statements for all of the foregoing to Tenant on the later to occur of (i) sixty (60) days prior to the due date thereof and (ii) ten (10) days from the date Landlord receives such statements from the applicable tax authorities. Landlord shall estimate the amounts due from Tenant pursuant to this Section 6.1 and Tenant shall pay one-twelfth (1/12) thereof monthly in advance, if permitted together with its monthly installments of Annual Basic Rental. After the end of each calendar year Landlord shall furnish Tenant a statement in reasonable detail of the actual real estate taxes, prepared in accordance with sound accounting practices by Landlord’s accounting department, and there shall be an adjustment between Landlord and Tenant, with payment to or repayment by Landlord, as the case may require, to the end that Landlord shall receive the entire amount owed by Tenant. Upon not less than fifteen (15) days prior written notice to Tenant, once per calendar year, Landlord shall have the right, from time to time throughout the Term, to adjust the amount of its estimate. Upon request from Tenant, Landlord shall promptly provide Tenant with evidence of the payment by Landlord of such taxes and assessments. Tenant shall also be solely responsible for and pay prior to Landlorddelinquency all taxes imposed on its inventory, trade fixtures, apparatus, leasehold improvements (installed by or on or before the first (1st) day behalf of each calendar month during the Term in the same manner as Fixed Monthly Rent (Tenant), equipment and pro-rated for any partial month) an amount other personal property. All taxes, assessments and other costs to be reasonably assessed paid by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord Tenant pursuant to this LeaseSection 6.1 are collectively referred to herein as the “Taxes”; provided that “Taxes” shall in no event include (i) any federal, state, or other tax on the income of Landlord; or (ii) any franchise, estate, inheritance or similar tax imposed upon Landlord. Additionally, upon To the expiration extent Tenant fails to pay any of any applicable notice and cure period, but with one (1) additional business days’ noticethe Taxes when required pursuant to the terms hereof, Landlord shall have the right to remove do so and upon Landlord’s payment thereof the Transmission and/or Reception Equipment, at Tenant’s expense, which same shall become Additional Rental hereunder payable by Tenant shall pay within thirty (30) days of being invoiced on demand by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writing.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without chargeshall pay all Impositions prior to delinquency. For any additional dishes, if permitted by LandlordIf billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts not less than five (5) days prior to the date such Imposition would be delinquent. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before the first (1st) day April 10 and December 10 of each calendar month during year of the Term in Term, Tenant shall pay directly to the same manner San Mateo County assessor the Real Property Taxes for the Premises as Fixed Monthly Rent (and pro-rated set forth on the assessor's tax bill for any partial month) an amount to the Premises. If, however, the Xxxmises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Lease shall be reasonably assessed by Landlord upon a percentage of the Real Property Taxes payable for such exerciseparcel or parcels, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and percentage shall be waived for one (1) dish device and conduit space only for determined by dividing the initial Term Rentable Area of the LeasePremises by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord monthly as part of the Common Area Maintenance Costs. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rentat its cost, shall entitle Landlord have the right at any time to exercise seek a reduction in or otherwise contest any and all remedies available Real Property Taxes for which it is obligated to reimburse Landlord pursuant to this LeasePARAGRAPH 15, by action or proceeding against the entity with authority to assess or impose the same. AdditionallyLandlord shall not be required to join in any proceeding or action brought by Tenant unless the provisions of applicable regulations require that such proceeding or action be brought by or in the name of Landlord, upon in which event Landlord shall join in such proceeding or action or permit it to be brought in Landlord's name, provided that Tenant shall protect, indemnify, defend, and hold Landlord free and harmless from and against any and all loss, liability, cost, damage, claim or expense in connection with such proceeding or contest. Tenant shall continue, during the expiration pendency of any applicable notice and cure periodsuch proceeding or action, but with one (1) additional business days’ noticeto pay the Real Property Taxes due as determined by landlord pursuant to this PARAGRAPH 15. If Tenant is successful in such action or proceeding, Landlord shall have reimburse to Tenant its prorata share of the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which reduction in Real Property Taxes realized by Tenant shall pay in such contest or proceeding within thirty ten (3010) days after the amount of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingsuch reduction has been determined.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without chargeshall pay all Impositions prior to delinquency. For any additional dishes, if permitted by LandlordIf billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts not less than five (5) days prior to the date such Imposition would be delinquent. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increased the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before the first (1st) day April 10 and December 10 of each calendar month during year of the Term in Term, Tenant shall pay directly to the same manner San Mateo County assessor the Real Property Taxes for the Premises as Fixed Monthly Rent (and pro-rated set forth on the assessor's tax xxxx for any partial month) an amount to the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Lease shall be reasonably assessed by Landlord upon a percentage of the Real Property Taxes payable for such exerciseparcel or parcels, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and percentage shall be waived for one (1) dish device and conduit space only for determined by dividing the initial Term Rentable Area of the LeasePremises by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord monthly as part of the Common Area Maintenance Costs. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rentat its cost, shall entitle Landlord have the right at any time to exercise seek a reduction in or otherwise contest any and all remedies available Real Property Taxes for which it is obligated to reimburse Landlord pursuant to this LeasePARAGRAPH 15, by action or proceeding against the entity with authority to assess or impose the same. AdditionallyLandlord shall not be required to join in any proceeding or action brought by Tenant unless the provisions of applicable regulations require that such proceeding or action be brought by or in the name of Landlord, upon in which event Landlord shall join in such proceeding or action or permit it to be brought in Landlord's name, provided that Tenant shall protect, indemnify, defend, and hold Landlord free and harmless from and against any and all loss, liability, cost, damage, claim or expense in connection with such proceeding or contest. Tenant shall continue, during the expiration pendency of any applicable notice and cure periodsuch proceeding or action, but with one (1) additional business days’ noticeto pay the Real Property Taxes due as determined by landlord pursuant to this PARAGRAPH 15. If Tenant is successful in such action or proceeding, Landlord shall have reimburse to Tenant its prorata share of the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which reduction in Real Property Taxes realized by Tenant shall pay in such Contest or proceeding within thirty ten (3010) days after the amount of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingsuch reduction has been determined.

Payment by Tenant. In From and after the event Commencement Date, Tenant exercises its rights under this Article 26shall pay as Additional Rent for the Leased Premises, one 36-inch satellite dish Tenant’s proportionate share described below of the taxes and assessments, general and special, water rates and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be used by Tenant levied, assessed or imposed upon the Property, or any part thereof, or upon any improvements at any time situated thereon, accruing or becoming due and payable during the term of the Lease (“Impositions”); provided, however, that the general taxes levied against the Leased Premises shall be prorated between Landlord and Tenant as of the Commencement Date for the Initial Term without chargeand as of the expiration date of the Term, the latter to be determined on the basis of the then most recently ascertainable real estate tax bills. For Tenant’s proportionate share as herein defined shall be equal to the product obtained by multiplying the total amount of Impositions by seven and seventy-one hundredths percent (7.710%); provided, however, Tenant’s proportionate share of Impositions shall not include a proportionate share of any additional dishesextraordinary Impositions that are triggered, identifiable, and attributable to a specific tenant in the Complex, such as the impact on water rates by another high water using tenant. Landlord shall take the benefit of the provisions of any statute or ordinance permitting any special or other assessment to be paid over a period of years, and Tenant shall be obligated to pay such Impositions payable with respect to the Term. Notwithstanding the foregoing, Tenant is receiving a tax credit from the City of Xxxxxx applicable to the Building, which Tenant has agreed to have paid directly to Landlord. Landlord shall credit against Tenant’s share of the Impositions due hereunder, the full amount of all such tax credits specifically related to the Tenant and/or Leased Premises received by Landlord. As security for the obligations contained in this Article, Tenant shall deposit monthly with Landlord, or such other entity as Landlord may designate, on the first day of each and every month of the Term, a sum equal to one‑twelfth (1/12) of Tenant’s share of the last ascertainable amount of such Impositions, or at Landlord’s election, if permitted Landlord’s interest hereunder is subject to the lien of a mortgage or trust deed, a sum equal to one‑twelfth (1/12) of the mortgagee’s estimate of the current amount of Tenant’s share of the Impositions, which monthly deposits shall be held by LandlordLandlord or such other entity and shall be used as a fund to be applied, to the extent thereof, to the payment of said Impositions as the same become due and payable. The existence of said fund shall not limit or alter Tenant’s obligation to pay the Impositions respecting which the fund was created; provided, however, that said fund shall be fully utilized for the payment of such Impositions. Annually, within 30 days after receipt of the tax bills, Landlord shall reconcile the amounts previously paid and provide Tenant a statement in writing of the actual and adjusted amounts payable hereunder, with any changed amount becoming payable on the first day of the month commencing at least thirty days after receipt of such notice, to reflect the actual amount of said Impositions. Tenant shall pay to Landlord, on or before Landlord shall credit against the first (1st) day of each calendar month next payment due from Tenant, as the case may be, the difference between the estimated payments made by Tenant during the Term in prior period and Tenant’s correct share of the same manner actual cost and expenses for such period, as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon shown on such exercise, which amount statement. Tenant shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall entitled to interest on said fund. Such funds need not be greater than held in trust and may be commingled with other funds of Landlord. Any unused portion of Tenant’s prevailing rates, and deposit shall be waived for one (1) dish device and conduit space only for returned to Tenant at the initial Term end of the LeaseTerm. Tenant’s failure obligation with respect to pay payment of such amounts, upon the expenses and costs shall survive with expiration or termination of any applicable notice and cure period set forth in this Lease with regard to or the non-payment termination of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, tenancy in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingLeased Premises.

Payment by Tenant. In Tenant's proportionate share of Taxes shall be paid in monthly installments commencing with the event Tenant exercises its rights under this Article 26Commencement Date, one 36-inch satellite dish may be used by Tenant during the Term without charge. For any additional dishes, if permitted in amounts initially reasonably estimated by Landlord, Tenant shall pay to Landlord, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for such installment being due on the initial Term first day of each full or partial month during the Lease Term. Upon notice from Landlord, such monthly installments shall increase or decrease from time to time to reflect the then current estimate of the Lease. Tenant’s failure to pay such amounts, upon the expiration amount of any applicable notice Taxes due. When the actual amount of any such Taxes is determined by Landlord, Landlord will notify Tenant of such actual amount and cure period set forth the manner of calculating Tenant's proportionate share (in this Lease with regard a format to be determined by Landlord) and of any excess or deficiency in the non-payment amount theretofore paid by Tenant as its share of Rent, shall entitle Landlord such Taxes. Any such excess will be credited to exercise any and all remedies available Tenant's account or refunded to Tenant if no further payments are due Landlord pursuant to this Lease. Additionally, upon Tenant will pay the expiration amount of any applicable notice and cure period, but with one (1) additional business days’ notice, deficiency to Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) ten (10) days following Landlord's notice thereof. Tenant acknowledges and stipulates that Landlord has made no representations or agreement of being invoiced any kind as to the total dollar amount of such Taxes, actual or estimated, or Tenant's dollar share thereof. With respect to any assessments which may be levied against or upon the Premises and the Center, or which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, only the amount of such annual installment (with appropriate proration for any partial year) shall be included within the computation of Tenant's pro rata share of Taxes for any particular year. In no event shall Tenant be required to pay (a) any portion of Landlord's general income, franchise, inheritance, estate or gift taxes, (b) any business license tax or fee imposed upon Landlord which is generally applicable to all real estate related and non-real estate related business owners or operators in the city, county or state in which the Premises is located, nor (c) any assessments levied in order to finance in whole or in part the development or construction of any portion of the Center. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, shall furnish Tenant with copies of all applicable bills pertaining to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingTaxes upon Tenant's written request.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without charge. For any additional dishes, if permitted by Landlord, Tenant shall pay to Landlord, as additional rent hereunder, for each calendar year all or any part of which falls within the term of the Lease (“Adjustment Year”), Tenant’s Pro Rata Share of the amount by which the Impositions (as defined below) for such Adjustment Year exceeds the Base Impositions (“Imposition Adjustment”). Tenant shall make payments (“Estimated Payments”) on account of the Imposition Adjustment effective as of the first day of the term of this Lease and of the first day of each subsequent Adjustment Year as follows: (a) Landlord may, prior to each Adjustment Year or from time to time during the Adjustment Year, deliver to Tenant a written notice or notices (“Projection Notice”) setting forth Landlord’s reasonable estimate of the Impositions for such Adjustment Year and Tenant’s Estimated Payments for such Adjustment Year. (b) Until such time as Landlord notifies Tenant of the Estimated Payments for an Adjustment Year, Tenant shall, at the time of each payment of monthly installment of Rent, pay to Landlord a monthly installment of Estimated Payments equal to the greater of the latest monthly installment of Estimated Payments or one-twelfth (1/12) of Tenant’s latest determined Imposition Adjustment. On or before the first day of the next calendar month following Landlord’s notice, and on or before the first (1st) day of each calendar month during thereafter, Tenant shall pay to Landlord one-twelfth (1/12) of the Term Estimated Payment shown in Landlord’s Projection Notice. Within fifteen (15) days following receipt of Landlord’s Projection Notice, Tenant shall also pay Landlord a lump sum equal to the Estimated Payment shown in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be Projection Notice less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device any previous payments on account of Estimated Payments made during such Adjustment Year and conduit space only (2) monthly installments on account of Estimated Payments due for the initial Term remainder of such Adjustment Year. (c) After Landlord shall have determined the Lease. Tenant’s failure to pay actual amount of Impositions for such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ noticeAdjustment Year, Landlord shall have notify Tenant in writing (“Landlord’s Statement”) of such Impositions for such Adjustment Year. If the right to remove Imposition Adjustment owed for such Adjustment Year exceeds the Transmission and/or Reception EquipmentEstimated Payments paid by Tenant for such Adjustment Year, at Tenant’s expense, which Tenant shall pay then within thirty (30) days after receipt of being invoiced by Landlord. ’s Statement, Tenant shall pay to Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any the excess of the Transmission and/or Reception Equipment initially approved Imposition Adjustment over the Estimated Payments paid by Tenant for such Adjustment Year. If such Estimated Payments exceed the Imposition Adjustment owed for such Adjustment Year, then Landlord shall refund the difference to Tenant within fifteen (15) days after delivery of Landlord’s Statement. (d) If the extent Lease Term commences on any day other than the same was requested first day of an Adjustment Year or ends on any day other than the last day of an Adjustment Year, as the case may be, the Imposition Adjustment for such year payable by Xxxxxx Tenant shall be prorated based on the number of days in writingsuch Adjustment Year included in the Lease Term. (e) No interest shall accrue or be payable with respect to Estimated Payments.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without chargeshall pay all Impositions prior to delinquency. For any additional dishes, if permitted by LandlordIf billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts not less than five (5) days prior to the date such Imposition would be delinquent. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before the first (1st) day April 10 and December 10 of each calendar month during year of the Term in Term, Tenant shall pay directly to the same manner San Mateo County assessor the Real Property Taxes for the Premises as Fixed Monthly Rent (and pro-rated set forth on the assessor's tax xxxx for any partial month) an amount to the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Lease shall be reasonably assessed by Landlord upon a percentage of the Real Property Taxes payable for such exerciseparcel or parcels, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and percentage shall be waived for one (1) dish device and conduit space only for determined by dividing the initial Term Rentable Area of the LeasePremises by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord monthly as part of the Common Area Maintenance Costs. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rentat its cost, shall entitle Landlord have the right at any time to exercise seek a reduction in or otherwise contest any and all remedies available Real Property Taxes for which it is obligated to reimburse Landlord pursuant to this LeasePARAGRAPH 15, by action or proceeding against the entity with authority to assess or impose the same. AdditionallyLandlord shall not be required to join in any proceeding or action brought by Tenant unless the provisions of applicable regulations require that such proceeding or action be brought by or in the name of Landlord, upon in which event Landlord shall join in such proceeding or action or permit it to be brought in Landlord's name, provided that Tenant shall protect, indemnify, defend, and hold Landlord free and harmless from and against any and all loss, liability, cost, damage, claim or expense in connection with such proceeding or contest. Tenant shall continue, during the expiration pendency of any applicable notice and cure periodsuch proceeding or action, but with one (1) additional business days’ noticeto pay the Real Property Taxes due as determined by landlord pursuant to this PARAGRAPH 15. If Tenant is successful in such action or proceeding, Landlord shall have reimburse to Tenant its prorata share of the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which reduction in Real Property Taxes realized by Tenant shall pay in such contest or proceeding within thirty ten (3010) days after the amount of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingsuch reduction has been determined.

Payment by Tenant. (a) Tenant shall pay directly to the applicable tax authorities, before delinquent, as additional rent for the Premises, all taxes and assessments, general and special, water rates and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed or imposed upon the Premises, or any part thereof, or upon any improvements at any time situated thereon, accruing or becoming due and payable during the Term (“Impositions”); provided, however, that the general taxes levied against the Premises shall be prorated between Landlord and Tenant as of the Commencement Date and the Expiration Date of the Term for the appropriate Lease Year of the Term (on the basis of Landlord’s reasonable estimate thereof). (b) If the Premises are not separately assessed, upon request of Tenant, Landlord shall use its best efforts to cause the Impositions on the Premises and on the Improvements thereon or thereto to be assessed and billed to Tenant separately from any adjoining properties; provided, however, that upon written notice to Landlord, Tenant shall have the right (but not the obligation) to cause such separate assessment and billing. If the Impositions on the Premises are separately assessed and billed to Tenant, Tenant shall furnish to Landlord evidence of the payment thereof within ten (10) days after the date on which said Impositions would become delinquent. Such evidence shall be sent to each place designated in this Lease for the giving of notices to Landlord. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during any Impositions on the Term without charge. For any additional dishes, if permitted by Premises are separately assessed but are billed to Landlord, Tenant shall pay the same to the appropriate taxing authority, on the later of (i) ten (10) days after receipt of a xxxx therefor from Landlord, or (ii) the date on which said Impositions would become delinquent. In the event any Impositions on the Premises are not separately assessed but are assessed together with any taxes and assessments on a larger parcel which includes the Premises (the “Main Parcel”), Tenant shall pay to Landlord the Impositions on the Premises as levied or assessed by the applicable taxing authority, which shall be determined by reference to the records of said taxing authority, including, without limitation, the work sheets and documents compiled by such taxing authority or the applicable assessor’s office. In the event it is not possible to determine the Impositions applicable to the Premises or Improvements thereto by reference to the foregoing records, Tenant shall pay to Landlord its proportionate share of such Impositions on the Main Parcel, which share shall be calculated as follows: (i) As to any Impositions on land, Tenant’s share shall be a fractional portion of the taxes and/or assessments assessed against the land comprising the Main Parcel, the numerator of which shall be number of square feet of land included within the Premises and the denominator of which shall be the number of square feet of land included within the Main Parcel. (ii) As to any Impositions on Improvements, Tenant’s share shall be a fractional portion of the taxes and/or assessments assessed against all the improvements on the Main Parcel, the numerator of which shall be the appraised value of the buildings on the Premises and the denominator of which shall be the total appraised value of all buildings on the Main Parcel, as determined by an appraiser jointly selected by Landlord and Tenant. In such event (A) the Impositions shall be paid by Tenant to Landlord on or before the first later of (1sti) day ten (10) days after receipt of each calendar month during a xxxx therefor from Landlord, or (ii) the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, date on which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing ratessaid Impositions would become delinquent, and shall be waived for one (1B) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have pay the right to remove Impositions and taxes and assessments on the Transmission and/or Reception EquipmentPremises and such Main Parcel on or before the date any such taxes and assessments would become delinquent. If said Impositions are not paid by Tenant on or before such due date, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. to Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant together with such taxes an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of interest on such Impositions from the Transmission and/or Reception Equipment initially approved by Landlord to due date until paid at the extent the same was requested by Xxxxxx in writingDefault Rate (as defined herein).

Payment by Tenant. In Tenant shall pay as additional rent for the event Tenant exercises its rights under this Article 26Leased Premises, one 36-inch satellite dish all taxes and assessments, general and special, water rates and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be used by Tenant levied, assessed, charged or imposed during the Term of the Lease upon the Leased Premises, or any part thereof, or upon any improvements at any time situated thereon, including without charge. For limitation, any additional dishesassessment by any association of owners of property in the complex of which the Leased Premises are a part ("Impositions"), if permitted by Landlordprovided, however, that Impositions levied against the Leased Premises shall be prorated between Landlord and Tenant shall pay to Landlord, on or before as of the Commencement Date for the first year of the Lease Term and as of the expiration date of the Lease Term for the last year of the Lease Term. The basis of the proration between Landlord and Tenant as of the Expiration Date of the Lease Term for the last year of the Lease Term shall be based upon one hundred ten percent (1st110%) day of each calendar month the Impositions levied, assessed, charged or imposed against the Leased Premises for the year which precedes the last year of the Lease Term and Landlord and Tenant agree to reprorate the Impositions for the last year of the Lease Term when the amount of such Impositions shall become ascertainable. Impositions shall also include fees and costs incurred by Landlord during or prior to the Lease Term for the purpose of contesting or protesting tax assessments or rates, to the extent such fees and costs relate to savings applicable during the Term in of the same manner as Fixed Monthly Rent (Lease and pro-rated for any partial month) an amount extension thereof. Tenant may take the benefit of the provisions of any statute or ordinance permitting any assessment to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing ratespaid over a period of years, and Tenant shall be waived for one (1) dish device and conduit space obligated to pay only for those installments falling due during the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. AdditionallyFor the purpose of this Article V and for no other purpose whatsoever, upon the expiration Term of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord this Lease shall have the right deemed to remove the Transmission and/or Reception Equipmenthave commenced on February 1, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writing1995.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without chargeshall pay all Impositions prior to ----------------- delinquency. For any additional dishes, if permitted by LandlordIf billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord's invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before the first (1st) day April 10 and December 10 of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term year of the Lease. Tenant’s failure to pay such amountsTerm, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days directly to the San Mateo County assessor the Real Property Taxes for the Premises as set forth on the assessor's tax xxxx for the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of being invoiced a larger tax parcel or parcels, the Real Property Taxes payable by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any under this Lease shall be a percentage of the Transmission and/or Reception Equipment initially approved Real Property Taxes payable for such parcel or parcels, which percentage shall be determined by dividing the Rentable Area of the Building by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord to monthly as part of the extent the same was requested by Xxxxxx in writingCommon Area Maintenance Costs.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without charge. For Upon any additional dishes, if permitted by LandlordEvent of Default, Tenant shall pay to Landlord, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed Landlord all reasonable costs incurred by Landlord upon such exercise(including court costs and reasonable attorneys’ fees and expenses) in: (1) obtaining possession of the Premises; (2) removing and storing Tenant’s or any other occupant’s property; (3) repairing, which amount restoring, altering, remodeling, or otherwise putting the Premises into condition reasonably acceptable to a new tenant (provided that Tenant shall not be less than $[***] per month as Additional Rentresponsible for costs to change the character of the Premises from an office use to a primarily retail, with [***] annual increasesindustrial or other non-office type of use); (4) if Tenant is dispossessed of the Premises and this Lease is not terminated, but shall not be greater than Landlord’s prevailing ratesreletting all or any part of the Premises (including brokerage commissions, cost of tenant finish work, and other costs incidental to such reletting (collectively, the items described in this clause (4) being referred to herein as “Costs of Reletting”)) (however, if Landlord relets the Premises for a term (the “Relet Term”) that extends past the scheduled Expiration Date of this Lease (without consideration of any earlier termination pursuant to this Article 18), the Costs of Reletting shall be waived for one (1) dish device and conduit space only for applied as provided herein based on the initial Term percentage that the length of the Lease. Term remaining hereunder on the date Landlord terminates the Lease or Tenant’s failure right to pay such amountspossession bears to the length of the Relet Term. For example, upon if there are two (2) years left on the Term at the time that Landlord terminates possession and, prior to the expiration of such two year period, Landlord enters into a Relet Term of ten (10) years with a new tenant, 20% of the Proratable Costs of Reletting shall be considered in determining Landlord’s damages); (5) performing Tenant’s obligations which Tenant failed to perform; and (6) enforcing, or advising Landlord of, its rights, remedies, and recourses arising out of the Event of Default. To the full extent permitted by Law, Landlord and Tenant agree the federal and state courts of the state in which the Premises are located shall have exclusive jurisdiction over any applicable notice and cure period set forth in matter relating to or arising from this Lease with regard to and the non-payment of Rent, shall entitle Landlord to exercise any parties’ rights and all remedies available to Landlord pursuant to obligations under this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writing.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without charge(a) Definition of Impositions. For any additional dishes, if permitted by Landlord, Tenant shall pay to Landlord, on or before as additional rent for the first Leased Premises, Tenant’s Pro Rata Share of all (1sti) day taxes and assessments, general and special, water rates and all other impositions, ordinary and extraordinary, of each calendar month every kind and nature whatsoever, which are payable during the Term term of this Lease upon the Real Estate or any part thereof or upon any improvements at any time situated thereon, (ii) any assessment by any association of owners of property in the same manner as Fixed Monthly Rent complex of which the Real Estate is a part which is payable during the term of this Lease and (iii) all fees and pro-rated for any partial month) an amount to be reasonably assessed costs incurred by Landlord upon such exerciseduring the Lease term for the purpose of contesting or protesting tax assessments or rates (“Impositions”). For the purpose of determining the amount of Impositions payable by Landlord during any year, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and there shall be waived for one (1) dish device added and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amountsor credited, upon the expiration of any applicable notice and cure period set forth in this Lease with regard as applicable, to the non-payment amount of Rent, shall entitle Impositions paid or payable by Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxxany tax abatements or comparable credits allowed to Landlord by the City of Columbus or other applicable governmental jurisdiction for such year. Tenant’s reasonable, actual out Pro Rata Share of pocket costs incurred by such Impositions shall be prorated between Landlord and Tenant for the first Lease Year and as of the expiration date of the Lease term for the last year of the Lease term (on the basis of Landlord’s reasonable estimate thereof). Landlord may take the benefit of the provisions of any statute or ordinance permitting any assessment to be paid over a period of years, in approving which event Tenant shall be obligated to pay its Pro Rata Share of only those installments paid during the term of this Lease and any additionsextensions thereof. There shall be excluded from Impositions all federal income taxes, alterationsstate and local net income taxes, replacementsfederal excess profit taxes, modifications to franchise, capital stock and federal or relocation state estate or inheritance taxes of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingLandlord.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without charge. For any additional dishes, if permitted by Landlord, Tenant shall pay to LandlordLandlord as additional rent for the Leased Premises all taxes and assessments, on general and special, water rates and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, charged or before the first (1st) day of each calendar month imposed during the Term in term of the same manner Lease upon the Real Estate, the Leased Premises or any part thereof or upon any improvements at any time situated thereon, including, without limitation, any assessment (collectively the "Impositions"), provided, however, that such Impositions shall be prorated between Landlord and Tenant as Fixed Monthly Rent of the end date of the Lease term for the last year of the Lease term (on the basis of Landlord's reasonable estimate thereof). Impositions shall also include fees and pro-rated costs incurred by Landlord during the Lease term for the purpose of contesting or protesting tax assessments or rates. Landlord may take the benefit of the provisions of any partial month) an amount statute or ordinance permitting any assessment to be reasonably assessed paid over a period of years, in which event Tenant shall be obligated to pay only those installments applicable to the term of this Lease and any extensions thereof. All such Impositions shall be paid by Tenant to Landlord upon within ten (10) days after Landlord bills Tenant therefor or, at Landlord's election, in monthly installments in amounts estimated by Landlord. Landlord may adjust the amount of the monthly installments at any time and from time to time by notice to Tenant. Landlord shall furnish to Tenant a statement showing in reasonable detail the actual Impositions incurred during such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be accounting year. To the extent such costs are greater than Landlord’s prevailing ratesthe sums paid by Tenant for such year, and the difference shall be waived for one (1) dish device billed to and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which paid by Tenant shall pay within thirty (30) days after Tenant's receipt of being invoiced said xxxx. Any shortfall shall be credited against future installments of rent. Tenant's estimated monthly Impositions may be adjusted by written notice from Landlord. Landlord may elect, All of such Impositions described in Xxxxxxxx’s sole and absolute discretion, this Section 5 that relate to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord periods prior to the extent Commencement Date shall be prorated and such prorated portions shall be allocated to the same was requested by Xxxxxx in writingLandlord.

Payment by Tenant. In 5.1.1. The Tenant shall pay directly to the event Tenant exercises its rights under this Article 26applicable tax authorities, one 36-inch satellite dish before delinquent, as Additional Rent for the Premises, all taxes and assessments, general and special, water rates and all other Impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be used by Tenant levied, assessed or imposed upon the Premises, or any part thereof, or upon any Improvements at any time situated thereon, accruing or becoming due and payable during the Term without charge. For any additional dishes(“Impositions’), if permitted by Landlordprovided, however, that the general taxes levied against the Premises shall be prorated between the Landlord and the Tenant shall pay to Landlord, on or before as of the first (1st) day Commencement Date and the Expiration Date of each calendar month during the Term in for the same manner as Fixed Monthly Rent appropriate Lease Year of the Term (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than on the basis of the Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for reasonable estimate thereof). 5.1.2. If the initial Term of the Lease. Tenant’s failure to pay such amountsPremises are not separately assessed, upon the expiration request of any applicable notice the Tenant, the Landlord shall use its best efforts to cause the Impositions on the Premises and cure period set forth in this Lease with regard on the Improvements thereon or thereto to be assessed and billed to the non-payment of RentTenant separately from any adjoining properties, shall entitle Landlord provided, however, that upon written notice to exercise any and all remedies available to Landlord pursuant to this Lease. Additionallythe Landlord, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord Tenant shall have the right (but not the obligation) to remove cause such separate assessment and billing. 5.1.3. If the Transmission and/or Reception EquipmentImpositions on the Premises are separately assessed and billed to the Tenant, at Tenant’s expensethe Tenant shall furnish to the Landlord evidence of the payment thereof within ten (10) days after the date on which said Impositions would become delinquent. Such evidence shall be sent to each place designated in this Lease for the giving of notices to the Landlord. 5.1.4. In the event any Impositions on the Premises are separately assessed but are billed to the Landlord, which the Tenant shall pay within thirty the same to the appropriate taxing authority, on the later of (30i) ten (10) days after receipt of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by a bill therefor from the Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of (ii) the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingdate on which said Impositions would become delinquent.

Payment by Tenant. In Commencing January 1, 2016, Tenant shall pay as Additional Rent, in monthly installments in advance on the event first day of each month Tenant’s Allocated Share, the estimated amount of the increase of such Taxes for such year in excess of the Base Year as determined by Landlord in its reasonable discretion and as set forth in a notice, such notice to include the basis for such calculation along with a copy of the Tax xxxx issued by the applicable governmental authority for the Base Year and such year in question, to be provided to Tenant exercises its rights under this Article 26prior to such date. If Landlord shall delay in providing such notice, one 36-inch satellite dish may Tenant shall nonetheless be used responsible for making such payments within thirty (30) days following the date that notice is provided by Tenant Landlord. If during the Term without charge. For course of any additional dishesLease Year, if permitted the Taxes assessed shall be different than the amount upon which the aforesaid projections were originally based, then Landlord shall be entitled, but shall not be obligated, to adjust the amount by Landlordreallocating the remaining payment for such Lease Year, for the months of the Lease Year which remain for the revised projections, and to notify Tenant of an adjustment in future monthly amounts, upon receipt of which, Tenant shall pay to Landlord, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an Landlord such adjusted amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than . Landlord may adjust either or both of said amounts at the end of any calendar month on the basis of Landlord’s prevailing rates, experience and shall be waived for one (1) dish device and conduit space only for reasonably anticipated costs. Landlord may adjust monthly payments after estimating the initial Term monthly amount due at the beginning of the Leaseyear not more than once per calendar year. Tenant’s failure to pay such amounts, upon the expiration Within ninety (90) days following December 31st of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ noticeeach year, Landlord shall have furnish to Tenant a statement covering such year just expired, showing Taxes and the right to remove the Transmission and/or Reception Equipment, at amount of Tenant’s expenseAllocated Share of each of such costs for such year and the payments made by Tenant with respect to such year as set forth herein. If Tenant’s aggregate monthly payments for such Taxes with respect to such year are greater than Tenant’s Allocated Share of such costs, which Tenant shall receive a credit for the excess against monthly Rent payments next becoming due to Landlord or, if the Lease Term has expired, within sixty (60) days of such determination not to be unreasonably withheld, conditioned or delayed, the preceding clause to survive expiration of this Lease; and if said payments are less than Tenant’s Allocated Share, Tenant shall pay to Landlord the difference within thirty (30) days of being invoiced by receipt of a detailed invoice and reasonable back-up from Landlord. Landlord may electshall make its records relating to Taxes for the immediately preceding year available for Tenant’s inspection within ten (10) days after receiving a written request from Tenant to inspect the same. Anything to the contrary contained herein notwithstanding, during the Term, Tenant will not be responsible for any increases in Xxxxxxxx’s sole and absolute discretionreal estate taxes on the Building resulting from (i) the sale of the Building or any ownership interest therein, to charge Tenant an amount equal to Xxxxxxxx’s reasonable(ii) a financing of the Building, actual or (iii) any extraordinary improvements, upgrades or fit out of pocket costs incurred by Landlord, a tenant’s premises in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord Building (other than Tenant) that result in a higher valuation to the extent Building above and beyond that attributable to standard tenant improvements, upgrades and fit out similar to that undertaken for the same was requested by Xxxxxx in writingPremises.

Payment by Tenant. In the event Tenant exercises its rights under this Article 26, one 36-inch satellite dish may be used by Tenant during the Term without charge(a) Definition of Impositions. For any additional dishes, if permitted by Landlord, Tenant shall pay to Landlord, on or before as additional rent for the first Leased Premises, Txxxxx’s Pro Rata Share of all (1sti) day taxes and assessments, general and special, water rates and all other impositions, ordinary and extraordinary, of each calendar month every kind and nature whatsoever, which are payable during the Term term of this Lease upon the Real Estate or any part thereof or upon any improvements at any time situated thereon, (ii) any assessment by any association of owners of property in the same manner as Fixed Monthly Rent complex of which the Real Estate is a part which is payable during the term of this Lease and (iii) all fees and pro-rated for any partial month) an amount to be reasonably assessed costs incurred by Landlord upon such exerciseduring the Lease term for the purpose of contesting or protesting tax assessments or rates (“Impositions”). For the purpose of determining the amount of Impositions payable by Landlord during any year, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and there shall be waived for one (1) dish device added and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amountsor credited, upon the expiration of any applicable notice and cure period set forth in this Lease with regard as applicable, to the non-payment amount of Rent, shall entitle Impositions paid or payable by Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxxany tax abatements or comparable credits allowed to Landlord by the City of Columbus or other applicable governmental jurisdiction for such year. Tenant’s reasonable, actual out Pro Rata Share of pocket costs incurred by such Impositions shall be prorated between Landlord and Tenant for the first Lease Year and as of the expiration date of the Lease Term for the last year of the Lease Term (on the basis of Landlord’s reasonable estimate thereof). Landlord may take the benefit of the provisions of any statute or ordinance permitting any assessment to be paid over a period of years, in approving which event Tenant shall be obligated to pay its Pro Rata Share of only those installments paid during the term of this Lease and any additionsextensions thereof. There shall be excluded from Impositions all federal income taxes, alterationsstate and local net income taxes, replacementsfederal excess profit taxes, modifications to franchise, capital stock and federal or relocation state estate or inheritance taxes of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writingLandlord.

Payment by Tenant. Tenant shall pay all Impositions prior to ----------------- delinquency. If billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord's invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as would have been received by Landlord with reimbursement of such Imposition. In addition, on or before April 10 and December 10 of each year of the event Term, Tenant exercises its rights shall pay directly to the San Mateo County assessor the Real Property Taxes for the Premises as set forth on the assessor's tax xxxx for the Premises. If, however, the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Article 26Lease shall be a percentage of the Real Property Taxes payable for such parcel or parcels, one 36-inch satellite dish may which percentage shall be used determined by dividing the Rentable Area of the Premises by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant during to Landlord monthly as part of the Term without chargeCommon Area Maintenance Costs. For any additional dishesPromptly following payment of the Real Property Taxes, Tenant shall provide Landlord with copies of paid receipts or other documentary evidence that the Real Property Taxes have been paid by Tenant. If Tenant fails to pay the Real Property Taxes on or before April 10 and December 10, respectively, or if permitted by LandlordTenant fails to pay its share of Real Property Taxes as part of the Common Area Maintenance Costs, Tenant shall pay to LandlordLandlord any penalty incurred by such late payment. In addition, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay any Real Property Tax not included within thirty the county tax assessor's tax xxxx within ten (3010) days of after being invoiced billed for same by Landlord. Landlord The foregoing dates are based on the dates established by the county as the dates on which Real Property Taxes become delinquent if not paid. If such delinquency dates change, the dates on which Tenant must pay the Real Property Taxes for the Premises shall be at least ten (10) days prior to the new delinquency dates. Assessments, taxes, fees, levies and charges may electbe imposed by governmental agencies for such purposes as fire protection, in Xxxxxxxx’s sole street, sidewalk, road, utility construction and absolute discretionmaintenance, refuse removal and for other governmental services which may formerly have been provided without charge to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to property owners or relocation of any occupants. It is the intention of the Transmission and/or Reception Equipment initially approved by Landlord parties that all new and increased assessments, taxes, fees, levies and charges are to be included within the extent definition of Real Property Taxes for the same was requested by Xxxxxx in writingpurposes of this Lease.

Payment by Tenant. In Subject to the event Tenant exercises its rights under this Article 26provisions of Section 6.2, one 36-inch satellite dish may be used by Tenant during in addition to the Term without charge. For any additional dishes, if permitted by LandlordAnnual Basic Rental, Tenant shall pay prior to Landlordthe due date therefor, all ad valorem taxes and assessments, general and special, all personal property taxes, all water taxes and all other impositions, ordinary and extraordinary of every kind and nature whatsoever relating to the Property, the Premises or Tenant’s property located thereon or used in connection therewith, including, but not limited to, maintenance assessments and other charges imposed pursuant to the Permitted Encumbrances, which, during the Term of this Lease, may be levied or assessed against the Premises; provided, however, Tenant shall not be responsible for any Taxes that are levied against the Premises but are accrued with respect to the Premises for any period of time outside of the Term of this Lease. Landlord agrees to deliver copies of statements for all of the foregoing to Tenant on the later to occur of (i) sixty (60) days prior to the due date thereof and (ii) fifteen (15) days from the date Landlord receives such statements from the applicable tax authorities. Tenant agrees to pay directly to the applicable tax authority all such taxes and assessments on or before the first (1st) day of each calendar month during the Term in date the same are due and to deliver to Landlord a copy of the transmittal letter and check within ten (10) days from the date Tenant makes such payments to the applicable tax authorities. Tenant shall furnish to Landlord a copy of the taxing authority’s receipt evidencing payment within thirty (30) days after the date Tenant receives such receipt. Tenant also agrees to pay all other Taxes to the parties entitled to payment prior to delinquency. Tenant shall be responsible for all delinquencies and penalties if the same are incurred because Tenant did not remit payment to the appropriate tax authorities in a timely manner as Fixed Monthly Rent after its receipt of the statement therefor or because the amount Tenant remitted to the tax authorities was insufficient to pay all Taxes. Tenant shall also be solely responsible for and pay prior to delinquency all taxes imposed on its inventory, trade fixtures, apparatus, leasehold improvements (installed by or on behalf of Tenant), equipment and pro-rated for any partial month) an amount other personal property. All taxes, assessments and other costs to be reasonably assessed paid by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord Tenant pursuant to this LeaseSection 6.1 are collectively referred to herein as the “Taxes”; provided that “Taxes” shall in no event include (i) any federal, state, or other tax on the income of Landlord or (ii) any franchise, estate, inheritance or similar tax imposed upon Landlord. Additionally, upon To the expiration extent Tenant fails to pay any of any applicable notice and cure period, but with one (1) additional business days’ noticethe Taxes when required pursuant to the terms hereof, Landlord shall have the right to remove do so and upon Landlord’s payment thereof the Transmission and/or Reception Equipment, at Tenant’s expense, which same shall become Additional Rental hereunder payable by Tenant shall pay within thirty (30) days of being invoiced on demand by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writing.

Payment by Tenant. In (a) Tenant shall pay (or shall cause to be paid), as and when the event Tenant exercises its rights under this Article 26same shall be and become due and payable and prior to the date on which any penalty, one 36-inch satellite dish fine, or interest may be used imposed by law for delinquency or non-payment, and further agrees to indemnify Landlord for and hold Landlord harmless from and against, all Impositions (as defined in Section 7.01(b)) levied upon, assessed against, or otherwise payable with respect to the Premises and the Improvements and/or the transactions contemplated by this Lease and imposed against Landlord or Tenant, or against the Premises, any Improvements or any portion thereof or interest therein, by any federal, state, or local government or taxing authority upon or with respect to the Premises, the Improvements or any portion thereof or interest therein, or upon the leasing, possession, use, occupancy, or operation of the Premises or any part thereof, or upon or with respect to this Lease (excluding, however, (x) any tax upon, or measured by, the net income of Landlord or any tax in lieu of such an income tax; (y) any Imposition assessed or imposed with respect to any taxing period, or portion thereof, following the expiration or termination of the Term of this Lease; and (z) any Imposition, or any increased amount of any Imposition otherwise payable by Tenant during the Term without charge. For hereunder, which may be assessed, imposed, or created in consequence of any additional disheselection, if permitted choice or other voluntary act by Landlord which is not consented to, in writing, by Tenant; all of such excluded Impositions shall be paid by Landlord, Tenant shall pay to Landlord, on or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed by Landlord upon such exercise, which amount shall not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, hereby covenants and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure agrees to pay such amountsexcluded Impositions as and when the same shall be due and payable), for and with respect to all taxing periods, or portions thereof, commencing as of the Commencement Date and concluding upon the expiration date on which the Term of any applicable notice and cure period set forth in this Lease with regard to the non-payment shall expire or be terminated. (b) For purposes of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to this Lease. Additionally, upon the expiration of any applicable notice term "Impositions" shall mean all taxes (including, without limitation, all ad valorem, sales and cure perioduse, but with one (1) additional business days’ noticesingle business, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Tenant shall pay within thirty (30) days of being invoiced by Landlord. Landlord may elect, in Xxxxxxxx’s sole and absolute discretion, to charge Tenant an amount equal to Xxxxxxxx’s reasonable, actual out of pocket costs incurred by Landlord, in approving any additions, alterations, replacements, modifications to or relocation of any of the Transmission and/or Reception Equipment initially approved by Landlord to the extent the same was requested by Xxxxxx in writing.gross receipts,

Payment by Tenant. In To the event Tenant exercises its rights under this Article 26extent the Rent Adjustment, one 36-inch satellite dish may be used as calculated, exceeds the Estimated Rent Adjustment Payments made by Tenant during the Term without charge. For any additional dishesa Lease Year, if permitted by Tenant covenants and agrees to pay Landlord, or otherwise at Landlord's direction, the amount of such increase or excess within twenty (20) days of Tenant's receipt of Landlord's Expense Notice plus any revised Estimated Rent Adjustment Payments of which Landlord notifies Tenant. To the extent the total Estimated Rent Adjustment Payments paid by Tenant during a Lease Year exceeds the actual Rent Adjustment for such Lease Year, at Landlord's option, such excess shall pay to Landlord, on be credited against payments next due hereunder or before the first (1st) day of each calendar month during the Term in the same manner as Fixed Monthly Rent (and pro-rated for any partial month) an amount to be reasonably assessed refunded by Landlord upon such exerciseto Tenant, which amount shall provided Tenant is not be less than $[***] per month as Additional Rent, with [***] annual increases, but shall not be greater than Landlord’s prevailing rates, and shall be waived for one (1) dish device and conduit space only for the initial Term of the Lease. Tenant’s failure to pay such amounts, upon the expiration of any applicable notice and cure period set forth then in this Lease with regard to the non-payment of Rent, shall entitle Landlord to exercise any and all remedies available to Landlord pursuant to default under this Lease. Additionally, upon the expiration of any applicable notice and cure period, but with one (1) additional business days’ notice, Landlord shall have the right to remove the Transmission and/or Reception Equipment, at Tenant’s expense, which Unless Tenant shall pay take written exception to any item contained in Landlord's Expense Notice within sixty (60) days following Tenant's receipt of Landlord's Expense Notice, Landlord's Expense Notice to Tenant shall be considered as final and accepted by Tenant. Any amount due to Landlord as shown on Landlord's Expense Notice, whether or not written exception by Tenant is taken thereto, shall be paid by Tenant within thirty (30) days after Landlord shall have submitted to Tenant Landlord's Expense Notice. Tenant will have the right, by not less than ten (10) days prior written notice ("Audit Notice") given within the sixty (60) day period ("Audit Period") following receipt of being invoiced by any Landlord. Landlord may elect, in Xxxxxxxx’s sole 's Expense Notice and absolute discretionat reasonable times during normal business hours, to charge audit or cause a third party to audit Landlord's accounting records with respect to Operating Expenses, Taxes, Insurance Costs and/or Utilities Costs relative to the year to which such Expense Notice relates at the offices of Landlord or Landlord's property manager. Any audit conducted by or on behalf of Tenant an amount equal shall be performed during normal business hours and in a manner so as to Xxxxxxxx’s reasonableminimize interference with Landlord's or its property manager's business operations. In no event will Landlord or its property manager be required to (i) photocopy any accounting records or other items or contracts, actual out (ii) create any ledgers or schedules not already in existence, (iii) incur any costs or expenses relative to such inspection, or (iv) perform any other tasks other than making available such accounting records as aforesaid. The audit must be completed within sixty (60) days of pocket costs incurred by the date of Tenant's Audit Notice and the results of such audit shall be delivered to Landlord within ninety (90) days of the date of Tenant's Audit Notice. If such audit or review correctly reveals that Landlord has overcharged Tenant, then within thirty (30) days after the results of such audit are made available to Landlord, in approving any additions, alterations, replacements, modifications Landlord agrees to or relocation reimburse Tenant the amount of any such Tenant's obligation to pay Rent Adjustments shall survive the termination of this Lease and if the expiration date of this Lease shall fall on a day which is other than the last day of the Transmission and/or Reception Equipment initially approved by final Lease Year, Landlord to shall prorate the extent the same was requested by Xxxxxx in writingRent Adjustment due from Tenant for said Lease Year.