Common use of Payment of Real Estate Taxes Clause in Contracts

Payment of Real Estate Taxes. Commencing on the Commencement Date for each Building, Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year, and Tenant’s Share thereof. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes within thirty (30) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Cloudera, Inc.), Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)

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Payment of Real Estate Taxes. Commencing on (a) Tenant will pay or cause to be paid all Real Estate Taxes assessed against Tenant’s Facility during the Lease Term. If the Commencement Date occurs or the Lease Term expires or otherwise terminates at any time other than the beginning or end of a taxable year, Tenant’s obligation to pay Real Estate Taxes shall be prorated on the basis of a 365 day year, so as to include only that portion of the taxable year which is a part of the Lease Term. Within fifteen (15) days after Landlord receives any Real Estate Tax xxxx, or other statements or notices with respect to such Real Estate Taxes, Landlord will deliver a copy of the same to Tenant. Promptly after payment of the Real Estate Taxes or portion thereof, Tenant will deliver to Landlord copies of the receipted bills or such other evidence of the payment thereof as Landlord may reasonably request. The provisions of this Section 6.1 are subject to the Tenant’s right to contest taxes as set forth in Section 6.3 hereof. If any assessments of Real Estate Taxes are permitted to be paid (by the assessing and collecting authorities) in installments, Tenant may elect to do so in the smallest of such installments legally permissible. (b) If Tenant’s Facility is not separately assessed, upon request of Tenant, Landlord shall use its best efforts to cause the Real Estate Taxes on Tenant’s Facility 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 Real Estate Taxes on Tenants Facility 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 Real Estate Taxes would become delinquent. Such evidence shall be sent to each place designated in this Lease for each Buildingthe giving of notices to Landlord. In the event any Real Estate Taxes on Tenant’s Facility are separately assessed but are billed to Landlord, Tenant shall pay the same to Landlord as Additional Charges one-twelfth the appropriate taxing authority, on the later of (1/12thi) within ten (10) days after receipt of Tenant’s Share of a xxxx therefor from Landlord, or (ii) the date on which said Real Estate Taxes attributable to such Building for each Tax Year on or before would become delinquent. In the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for event any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year, and on Tenant’s Share thereof. If the actual Facility are not separately assessed but are assessed together with any taxes and assessments on a larger parcel which includes Tenant’s Share of Real Estate Taxes for such Tax Year exceed the estimated Real Estate Taxes paid by Tenant for such Tax YearFacility, Tenant shall pay to Landlord the difference between Real Estate Taxes on Tenant’s Facility as levied or assessed by the amount 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 Real Estate Taxes applicable to Tenant’s Facility by reference to the foregoing records, Tenant shall pay to Landlord its proportionate share of such Real Estate Taxes on the larger parcel, which share shall be calculated as follows: (i) As to any Real Estate Taxes on the Land, Tenant’s share shall be a fractional portion of the taxes and/or assessments assessed against the tax parcel that includes the Land, the numerator of which shall be number of square feet of Land and the denominator of which shall be twice the number of square feet of land included within the tax parcel. (ii) As to any Real Estate Taxes on the Building, Tenant’s share shall be a fractional portion of the taxes and/or assessments assessed against the Building, the numerator of which shall be the appraised value of Tenant’s Facility and the denominator of which shall be the total appraised value of the Building, as determined by an appraiser jointly selected by Landlord and Tenant. In such event (A) the Real Estate Taxes shall be paid by Tenant and the actual Real Estate Taxes within thirty (30) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth later of (30thi) day following ten (10) days after receipt of a xxxx therefor from Landlord, or (ii) the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of date on which said Real Estate Taxes that would become delinquent, and (B) Landlord shall pay the Real Estate Taxes and taxes and assessments on the Land and the Building on or before the date any such taxes and assessments would become delinquent. If said Real Estate Taxes are payable not paid by Tenant under this Leaseon or before such due date, Tenant shall pay to Landlord together with such taxes an amount equal to interest on such Real Estate Taxes from the due date until paid at the interest rate assessed by the taxing authority for delinquent taxes.

Appears in 2 contracts

Samples: Air Rights Lease Agreement, Air Rights Lease Agreement (CNL Healthcare Properties, Inc.)

Payment of Real Estate Taxes. Commencing on Landlord agrees to use reasonable efforts to obtain either a single, separate tax xxxx or an assessor's "pro rate" showing the Commencement Date Real Estate Taxes attributable to the Land and the Improvements and a proportionate share of the Common Areas. In the event the Land and the Improvements are not segregated for each Buildingtax purposes to permit a single, separate tax xxxx for the same, then at such intervals as Landlord is required to pay the Real Estate Taxes, Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s 's Pro Rata Share of Real Estate Taxes attributable to such Building for each (calculated in the same manner as Tenant's Pro Rata Share of CAM Charges in paragraph 7(c) without, however, a percentage maximum on Real Estate Taxes levied on improvements) levied against the tax parcel or parcels comprising the Shopping Center (the "Tax Year on or before Parcel"). In no event shall the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially denominator used to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received Tenant's Pro Rata Share be less than the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth gross leasable area upon which the amount assessment of Real Estate Taxes for is based; in the event adjustments are made during any year, appropriate prorations shall be made. Landlord has heretofore obtained approval of vesting Parcel Map No. 95, a copy of which is attached hereto as EXHIBIT "M". Landlord may modify the boundaries of the parcels shown on said map such Tax Yearthat Parcel 5 will contain no building improvements other than the Improvements and such that Parcel 6 will contain no building improvements. In such event, if Tenant has elected to pay Real Estate Taxes based on a separate assessment as opposed to pursuant to a Pro Rata Share calculation, Landlord may require Tenant to pay the Real Estate Taxes levied or assessed against said Parcels 5 and 6, provided that the total land area within said Parcels 5 and 6 does not exceed 80,549 square feet, in satisfaction of Tenant’s Share thereof's obligation to pay Real Estate Taxes under this paragraph 9(b). If the actual Tenant’s 's Pro Rata Share of Real Estate Taxes for such Tax Year exceed shall be net of any early-payment discounts available at the estimated Real Estate Taxes paid time Tenant's payment is due if made by Tenant for such Tax Year, when due. Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Tenant's Pro Rata Share of Real Estate Taxes within thirty (30) days after the Tenant's receipt of Landlord’s Tax Statement's statement therefor, accompanied by the tax xxxx on the basis of which such statement is rendered. Landlord shall pay, or cause the payment of, all Real Estate Taxes before any fine, penalty, interest or cost may be added thereto, become due or be imposed by operation of law for the nonpayment or late payment thereof. In no event shall Tenant be liable for any discount forfeited or penalty incurred as a result of late payment by another tenant or by Landlord. Taxes shall be prorated as of the Commencement Date and the expiration or earlier termination of this Lease, and if the total amount paid Landlord shall promptly return to Tenant any overpayment made by Tenant for any such Tax Year not attributable to the period of Tenant's possession of the Premises. Only installments coming due during the Main Term and Option Periods, if so exercised, shall exceed the actual Tenant’s Share of be included in Real Estate Taxes for the calculation of Tenant's Pro Rata Share. Landlord shall remain primarily responsible for such Tax Yearpayment notwithstanding the fact that such payment may be made by a tenant of Landlord's Premises or other third party pursuant to an agreement to which Tenant is not a party. In addition, should Landlord fail to pay such excess shall be credited against the next installment of Real Estate Taxes due from before same become delinquent, Tenant shall have the right, at its election, to Landlord hereunder. If it has been determined that Tenant has overpaid cure such failure by payment of delinquent Real Estate Taxes during and any interest and penalties due thereon and in such event Tenant may deduct the last year cost thereof, plus interest at the lesser of fifteen percent (15%) per annum or the Lease Termhighest rate permitted by State law (the "Default Rate"), then Landlord shall reimburse Tenant for such overage on or before from the thirtieth (30thnext installment(s) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeaseBase Rent and other charges due hereunder.

Appears in 2 contracts

Samples: Lease (Basic Us Reit Inc), Lease (Basic Us Reit Inc)

Payment of Real Estate Taxes. Commencing on the Commencement Date for each Building, Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year. Unless otherwise required pursuant to Paragraph 3(c)(v) below, Tenant shall pay to Landlord the full amount of said actual Real Estate Taxes no later than twenty (20) days prior to the due date of each installment of Real Estate Taxes. Notwithstanding the foregoing, Landlord shall have the right, upon the giving of written notice to Tenant, to require Tenant to pay the estimated amount of Real Estate Taxes; and if Landlord gives such notice, Tenant shall, commencing with the next succeeding calendar month, pay to Landlord as Additional Charges one-twelfth (1/12th) of the Real Estate Taxes for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant’s Share thereof. Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year (as shown on Landlord’s Tax Statement) exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes within thirty fifteen (3015) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunderhereunder or if the Term has ended it shall be returned to Tenant within thirty (30) days. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeaseTaxes.

Appears in 2 contracts

Samples: Lease Agreement (Aruba Networks, Inc.), Sublease (Aruba Networks, Inc.)

Payment of Real Estate Taxes. Commencing on the Commencement Date for each BuildingDate, Tenant shall be obligated to pay to Landlord Tenant's Proportionate Share of all Real Estate Taxes as Additional Rent. Without limitation of the foregoing, commencing on the Commencement Date, Tenant shall pay to Landlord Landlord, as Additional Charges one-Rent, one twelfth (1/12thI/12th) of Tenant’s 's Proportionate Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Yearany calendar year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant, and . Landlord shall have the right initially to determine monthly estimates and to reasonably revise such estimates estimate from time to time. With reasonable promptness Within one hundred twenty (120) days after Landlord has received the tax bills expiration of each fiscal year for any Tax YearReal Estate Taxes, Landlord shall furnish Tenant with a statement (herein called “"Landlord’s 's Tax Statement") setting forth in reasonable detail the actual amount of Real Estate Taxes for such Tax Year, year and Tenant’s 's Proportionate Share thereofof Real Estate Taxes. If the actual amount of Tenant’s 's Proportionate Share of Real Estate Taxes due for such Tax Year exceed year differs from the estimated amount of Tenant's Proportionate Share of Real Estate Taxes paid by Tenant for such Tax Yearyear, then, if Tenant owes any amounts to Landlord, such amounts shall pay to Landlord the difference between the amount be paid by Tenant and the actual Real Estate Taxes (whether or not this Lease has terminated) within thirty (30) days after the receipt of Landlord’s 's Tax Statement, and if the total amount paid by Tenant for Landlord owes any such Tax Year shall exceed the actual amounts to Tenant’s Share of Real Estate Taxes for such Tax Year, such excess amounts shall be credited against the next installment installments of Real Estate Taxes Base Rent and Additional Rent due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of (or if the Lease Termhas terminated for any reason other than Tenant's default, then Landlord shall reimburse paid to Tenant for such overage on or before the thirtieth within thirty (30th30) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver days after delivery of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this Lease's Tax Statement.

Appears in 2 contracts

Samples: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)

Payment of Real Estate Taxes. Commencing Tenant shall pay and discharge when due all real estate taxes and assessments (the "Real Estate Taxes") levied during the Lease Term on, against, or with respect to the Leased Premises. Within 20 days after any installment or payment of such Real Estate Taxes is due, Tenant shall deliver to Landlord satisfactory evidence that the installment or payment has been paid and discharged in full. If the Lease Term commences or expires on a date other than the first day or the last day of a calendar year, respectively, then: (i) Tenant shall pay and discharge so much of the Real Estate Taxes levied with respect to such calendar year in which the Lease Term commences or expires as shall be allocable to Tenant by proration (based upon the number of days in such calendar year after and including the Commencement Date for each Buildingor before and including the expiration date, Tenant respectively); and (ii) Landlord shall pay to Landlord as Additional Charges one-twelfth (1/12th) and discharge the remainder of Tenant’s Share of the Real Estate Taxes attributable levied with respect to such Building for each Tax Year on or before the first day of each month during such Tax Year, calendar year in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year, and Tenant’s Share thereof. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes within thirty (30) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of which the Lease Term, then Landlord shall reimburse Tenant for such overage on Term commences or before the thirtieth (30th) day following the Expiration Dateexpires. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share All installments and payments of Real Estate Taxes that are the obligation of Tenant hereunder shall be deemed to be Rent, even though such installments and payments are made to the public or quasi-public bodies that levy, charge, or impose Real Estate Taxes. Landlord shall pay and discharge when due all Real Estate Taxes levied prior to the Lease Term on, against, or with respect to the Leased Premises, and first due and payable by before or during the Lease Term. Within 20 days after any installment or payment of such Real Estate Taxes is due during the Lease Term, Landlord shall deliver to Tenant under this Lease.satisfactory evidence that the installment or payment has been paid and discharged in full. Landlord shall: (i) cause the Leased Premises

Appears in 1 contract

Samples: Lease (Brightpoint Inc)

Payment of Real Estate Taxes. Commencing on the Rent Commencement Date for each Building---------------------------- Date, at such intervals as Landlord is required to pay the Real Estate Taxes, Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s 's Pro Rata Share of Real Estate Taxes attributable to such Building for each Tax Year on or before [calculated in the first day same manner as Tenant's Pro Rata Share of each month during such Tax Year, CAM Charges in advance, in an amount reasonably estimated by Landlord and billed by Landlord to paragraph 7(c) but excluding from the denominator the Gross Leasable Area of Separately Assessed Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received 's (as hereinafter defined)] levied against the tax bills for any Tax Yearparcel or parcels comprising the Shopping Center, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of excluding Real Estate Taxes for such levied against a Separately Assessed Tenant (the "Tax YearParcel"). Currently, and Landlord estimates Tenant’s Share thereof. If the actual Tenant’s 's Pro Rata Share of Real Estate Taxes for such Tax Year exceed to be $1.46 per square foot of Gross Leasable Area in the estimated Premises per annum. Tenant's Pro Rata Share of Real Estate Taxes paid by Tenant for such Tax Year, shall be net of any early payment discounts available at the time Tenant's payment is due. Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Tenant's Pro Rata Share of Real Estate Taxes within thirty (30) days after the Tenant's receipt of Landlord’s Tax Statement's statement therefor, and if accompanied by the total amount paid by Tenant for any tax xxxx on the basis of which such Tax Year shall exceed statement is rendered. In the actual event that Tenant’s 's payment of Tenant's Pro Rata Share of Real Estate Taxes for such Tax Yearis not timely tendered to Landlord, such excess Tenant shall be credited against liable to Landlord for its pro rata share of any discount which would have been available to Tenant as aforesaid had Tenant made timely payment or for its pro rata share of any penalty which would have been avoided by such timely payment, notwithstanding the next installment of fact that Landlord may actually have made timely payment and received the discount or avoided the penalty. Landlord shall pay, or cause the payment of, all Real Estate Taxes before any fine, penalty, interest or cost may be added thereto, become due from or be imposed by operation of law for the nonpayment or late payment thereof. In no event shall Tenant to Landlord hereunderbe liable for any discount forfeited or penalty incurred as a result of late payment by another tenant or by Landlord. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year shall be prorated as of the Lease TermRent Commencement Date and the expiration or earlier termination of this Lease, then and Landlord shall reimburse promptly return to Tenant any overpayment made by Tenant not attributable to the period of Tenant's possession of the Premises. Landlord shall remain primarily responsible for such overage on or before payment notwithstanding the thirtieth (30th) day following the Expiration Date. No delay fact that such payment may be made by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver tenant of Landlord’s right 's Premises or other third party pursuant to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by an agreement to which Tenant under this Lease.is not a party. In addition, should Landlord fail to pay such

Appears in 1 contract

Samples: Lease (First Capital Institutional Real Estate LTD 4)

Payment of Real Estate Taxes. Commencing on the Commencement Date Date, unless otherwise provided for each Buildingin Paragraph 3 (a), Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12thl/12th) of Tenant’s Share of Real Estate Taxes attributable fairly allocable to such the Building as reasonably determined by Landlord for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year, and Tenant’s Share thereof. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes within thirty twenty (3020) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth twentieth (30th20th) day following the Expiration Date. No delay Upon Tenant’s written request, Landlord will provide an explanation of any allocation of taxes made by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment among different parts of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeaseProject.

Appears in 1 contract

Samples: Sublease (DemandTec, Inc.)

Payment of Real Estate Taxes. Commencing on the Commencement Date for each BuildingDate, Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and . Landlord shall have the right initially to determine monthly estimates and and, in good faith, to revise such estimates from time to time. With reasonable promptness (not to exceed one hundred eighty (180) days) after Landlord has received the later of the expiration of such Tax Year or Landlord’s receipt of tax bills for any such Tax YearYear (or Landlord’s receipt of supplemental tax bills for prior years during the Term), Landlord shall furnish Tenant with a statement (herein called a Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year, Year (or any such prior year); any Tax Statement will be accompanied by a true and Tenant’s Share thereofcorrect copy of the tax bills upon which the Tax Statement is based. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year exceed (or prior year) exceeds the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes within on or before the earlier of thirty (30) days after the receipt of Landlord’s a Tax Statement or fifteen (15) days prior to the delinquency date for the Real Estate Tax payment reflected in the applicable Tax Statement, and if . If the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this Lease.for

Appears in 1 contract

Samples: Lease Agreement (Brocade Communications Systems Inc)

Payment of Real Estate Taxes. Commencing on the Commencement Date for each BuildingDate, Tenant shall be obligated to pay to Landlord all Real Estate Taxes, if any, as Additional Rent. Without limitation of the foregoing, commencing on the Commencement Date, Tenant shall pay to Landlord Landlord, as Additional Charges one-Rent, one twelfth (1/12th) of Tenant’s Share of Real Estate Taxes attributable to such Building for each Tax Year Taxes, if any, on or before the first day of each month during such Tax Yearany calendar year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant, and . Landlord shall have the right initially to determine monthly estimates and to reasonably revise such estimates estimate from time to time. With reasonable promptness Within one hundred twenty (120) days after Landlord has received the tax bills expiration of each fiscal year for any Tax YearReal Estate Taxes, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth in reasonable detail the actual amount of Real Estate Taxes for owing on account of such Tax Yearyear, and Tenant’s Share thereofif any. If the actual Tenant’s Share amount of Real Estate Taxes due for such Tax Year exceed year, if any, differs from the estimated amount of Real Estate Taxes paid by Tenant for such Tax Yearyear, then, if Tenant owes any amounts to Landlord, such amounts shall pay to Landlord the difference between the amount be paid by Tenant and the actual Real Estate Taxes (whether or not this Lease has terminated) within thirty (30) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for Landlord owes any such Tax Year shall exceed the actual amounts to Tenant’s Share of Real Estate Taxes for such Tax Year, such excess amounts shall be credited against the next installment installments of Base Rent and Additional Rent due from Tenant (or if the Lease has terminated for any reason other than Tenant’s default, paid to Tenant within thirty (30) days after delivery of Landlord’s Tax Statement). Tenant shall be obligated to pay Real Estate Taxes on an accrual basis such that Tenant shall pay estimated amounts of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid for a calendar year on account of the Real Estate Taxes during the last for such calendar year payable in January and June of the Lease Termfollowing calendar year. By way of illustration, then Landlord in calendar year 2013 Tenant shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or make estimated sums of Tenant’s Share payments of Real Estate Taxes for calendar year 2013 that are - 13 - payable by Tenant under this Leasein January and June of 2014 and the actual amount of such Real Estate Taxes shall be known at the end of calendar year 2013.

Appears in 1 contract

Samples: Lease Agreement

Payment of Real Estate Taxes. (A) Commencing on the Commencement Date for each BuildingDate, Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s 's Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called "Landlord’s 's Tax Statement") setting forth the amount of Real Estate Taxes for such Tax Year, Year and Tenant’s 's Share thereof. If the actual Tenant’s 's Share of Real Estate Taxes for such Tax Year exceed the estimated Tenant's Share of Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Tenant's Share of Real Estate Taxes within thirty fifteen (3015) days after the receipt of Landlord’s 's Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s 's Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunderhereunder or if the Term has ended it shall be returned to Tenant within thirty (30) days. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s 's Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s 's right to require payment of the actual or estimated sums of Real Estate Taxes. Tenant’s 's liability for Real Estate Taxes hereunder shall be prorated to reflect the Commencement Date and the date of expiration or termination of this Lease. In the case of any Real Estate Taxes which may be evidenced by bonds or which may be paid in annual or other periodic installments, Landlord shall cause such bonds or assessments to be paid in installments over the maximum period permitted by law, and Tenant shall be responsible for paying only the installments which become due and payable during the Term, or at Landlord's sole option, Landlord may pay the bond or assessment in full but only charge Tenant for principal and interest that would have become due during the Term had Landlord elected to pay the bond or assessment in installment payments; provided, however, that Landlord shall not initiate or consent to the imposition of any such bonds or assessments other than those evidenced by a lien in effect as of the date of execution of this Lease. (B) Notwithstanding clause (A) above, but subject to the last sentence of this clause (B), during any period of time that Tenant is the sole tenant of the Building, and the Building is separately assessed, Tenant shall not be required to pay Tenant's Share of Real Estate Taxes in monthly installments; and in lieu thereof, Landlord shall furnish Tenant with a statement (herein called "Landlord's Tax Statement") setting forth the amount of Real Estate Taxes for each Tax Year with reasonable promptness after Landlord has received the tax bills for the Building in such Tax Year. Tenant shall then pay to Landlord actual Real Estate Taxes in installments, twice each Tax Year, no later than thirty (30) days prior to the delinquency date of each Real Estate Tax installment (or such earlier time as may be required by any Mortgagee). Tenant's right to pay Real Estate Taxes when due as set forth in this clause (B) shall not apply (i) if any Mortgagee requires monthly estimated payments (provided that are payable Landlord shall use commercially reasonable efforts [without incurring additional cost, paying additional fees or making other concessions], to attempt to persuade any Mortgagee to not require impounds), or (ii) at Landlord's election, after any failure by Tenant under this Leaseto pay any installment of Real Estate Taxes when due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Broadcom Corp)

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Payment of Real Estate Taxes. Commencing on the first day of the first calendar month following the Rent Commencement Date for each BuildingDate, Tenant shall pay to Landlord as Additional Charges one-Rent one twelfth (1/12thl/12th) of Tenant’s Proportionate Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax each Lease Year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant, and . Landlord shall have the right initially to determine monthly estimates and to revise such estimates estimate from time to time. With reasonable promptness Within ninety (90) days after Landlord has received the tax bills expiration of each fiscal year for any Tax YearReal Estate Taxes, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the actual amount of Real Estate Taxes for such Tax Year, year and Tenant’s Proportionate Share thereofof Real Estate Taxes. If the actual Tenant’s Share amount of Real Estate Taxes due for such Tax Year exceed year differs from the estimated amount of Tenant’s Proportionate Share of Real Estate Taxes paid by Tenant for such Tax Yearyear, then, if Tenant owes any amounts to Landlord, such amounts shall pay to Landlord the difference between the amount be paid by Tenant and the actual Real Estate Taxes (whether or not this Lease has terminated) within thirty (30) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for Landlord owes any such Tax Year shall exceed the actual amounts to Tenant’s Share of Real Estate Taxes for such Tax Year, such excess amounts shall be credited against the next installment installments of Real Estate Taxes Base Rent and Additional Rent due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of (or if the Lease Termhas terminated for any reason other than Tenant’s default, then Landlord shall reimburse paid to Tenant for such overage on or before the thirtieth within thirty (30th30) day following the Expiration Date. No delay by Landlord in providing a days after delivery of Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeaseStatement).

Appears in 1 contract

Samples: Industrial Lease (Kid Brands, Inc)

Payment of Real Estate Taxes. Commencing on the Commencement Date for each Building, Tenant shall pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year. Unless otherwise required pursuant to Paragraph 3(b)(v) below, Tenant shall pay to Landlord the full amount of said actual Real Estate Taxes no later than twenty (20) days prior to the due date of each installment of Real Estate Taxes. Notwithstanding the foregoing, Landlord shall have the right, upon the giving of written notice to Tenant, to require Tenant to pay the estimated amount of Real Estate Taxes; and if Landlord gives such notice, Tenant shall, commencing with the next succeeding calendar month, pay to Landlord as Additional Charges one-twelfth (1/12th) of the Real Estate Taxes for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant’s Share thereof. Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year (as shown on Landlord’s Tax Statement) exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes within thirty fifteen (3015) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunderhereunder or if the Term has ended it shall be returned to Tenant within thirty (30) days. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay (except for a delay in excess of 180 days) by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord. No delay by Landlord or in providing Landlord’s Tax Statement shall be deemed a waiver of Landlord’s right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeaseTaxes.

Appears in 1 contract

Samples: Lease Agreement (Omnivision Technologies Inc)

Payment of Real Estate Taxes. Commencing on the Commencement Date for each BuildingDate, Tenant shall be obligated to pay to Landlord all Real Estate Taxes, if any, as Additional Rent. Without limitation of the foregoing, commencing on the Commencement Date, Tenant shall pay to Landlord Landlord, as Additional Charges one-Rent, one twelfth (1/12th) of Tenant’s Share of Real Estate Taxes attributable to such Building for each Tax Year Taxes, if any, on or before the first day of each month during such Tax Yearany calendar year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant, and . Landlord shall have the right initially to determine monthly estimates and to reasonably revise such estimates estimate from time to time. With reasonable promptness Within one hundred twenty (120) days after Landlord has received the tax bills expiration of each fiscal year for any Tax YearReal Estate Taxes, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth in reasonable detail the actual amount of Real Estate Taxes for owing on account of such Tax Yearyear, and Tenant’s Share thereofif any. If the actual Tenant’s Share amount of Real Estate Taxes due for such Tax Year exceed year, if any, differs from the estimated amount of Real Estate Taxes paid by Tenant for such Tax Yearyear, then, if Tenant owes any amounts to Landlord, such amounts shall pay to Landlord the difference between the amount be paid by Tenant and the actual Real Estate Taxes (whether or not this Lease has terminated) within thirty (30) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for Landlord owes any such Tax Year shall exceed the actual amounts to Tenant’s Share of Real Estate Taxes for such Tax Year, such excess amounts shall be credited against the next installment installments of Base Rent and Additional Rent due from Tenant (or if the Lease has terminated for any reason other than Tenant’s default, paid to Tenant within thirty (30) days after delivery of Landlord’s Tax Statement). Tenant shall be obligated to pay Real Estate Taxes on an accrual basis such that Tenant shall pay estimated amounts of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid for a calendar year on account of the Real Estate Taxes during the last for such calendar year payable in January and June of the Lease Termfollowing calendar year. By way of illustration, then Landlord in calendar year 2013 Tenant shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or make estimated sums of Tenant’s Share payments of Real Estate Taxes for calendar year 2013 that are payable by Tenant under this Leasein January and June of 2014 and the actual amount of such Real Estate Taxes shall be known at the end of calendar year 2013.

Appears in 1 contract

Samples: Lease Agreement (Zulily, Inc.)

Payment of Real Estate Taxes. Commencing on With reasonable promptness after Landlord has received the Commencement Date tax bills for each Buildingany Tax Year, Landlord shall furnish Tenant with a statement (herein called "Landlord's Tax Statement") setting forth the amount of Real Estate Taxes for such Tax Year. Unless otherwise required pursuant to Paragraph 3(c)(v) below, Tenant shall pay to Landlord the full amount of said actual Real Estate Taxes no later than twenty (20) days prior to the due date of each installment of Real Estate Taxes. Notwithstanding the foregoing, Landlord shall have the right, upon the giving of written notice to Tenant, to require Tenant to pay the estimated amount of Real Estate Taxes; and if Landlord gives such notice, Tenant shall, commencing with the next succeeding calendar month, pay to Landlord as Additional Charges one-twelfth (1/12th) of Tenant’s Share of the Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord and billed by Landlord to Tenant, and . Landlord shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for such Tax Year, and Tenant’s Share thereof. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year (as shown on Landlord's Tax Statement) exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes within thirty fifteen (3015) days after the receipt of Landlord’s 's Tax Statement, and if the total amount paid by Tenant for any such Tax Year shall exceed the actual Tenant’s Share of Real Estate Taxes for such Tax Year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunderhereunder or if the Term has ended it shall be returned to Tenant within thirty (30) days. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s 's Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s 's right to require payment of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeaseTaxes.

Appears in 1 contract

Samples: Lease Agreement (Harmonic Inc)

Payment of Real Estate Taxes. Commencing on During the Commencement Date for each Buildingterm of this Lease, Tenant Lessor shall deliver all tax bills to Lessee immediately upon receipt thereof. Following receipt of any such bills, Lessee shall pay such general real estate taxes and assessments and other ad valorem taxes, rates and levies assessed against the Land and/or the Building by any governmental agency or authority and all charges specifically imposed in lieu thereof (collectively, "real property taxes") at least ten (10) days prior to Landlord as Additional Charges one-twelfth (1/12th) the delinquency date of Tenant’s Share the applicable installment. Upon written request from Lessor, Lessee shall promptly furnish Lessor with satisfactory evidence that such taxes have been paid. If any such real property taxes cover any period of Real Estate Taxes attributable time after the expiration or earlier termination of the term of this Lease, Lessee's share of real property taxes shall be equitably prorated to such Building for each Tax Year on or before cover only the first day period of each month time during such Tax Year, in advance, in an amount reasonably estimated by Landlord the term of the Lease and billed by Landlord to Tenant, and Landlord Lessor shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills reimburse Lessee for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for overpayment after such Tax Year, and Tenant’s Share thereof. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes proration within thirty (30) days after from making request therefor. Lessee may, at its sole option, pursue claims for reductions in real property taxes, in the receipt name of Landlord’s Tax StatementLessor, if necessary, and if Lessor agrees to reasonably cooperate with Lessee in furtherance thereof. Any tax refunds and/or savings achieved by Lessor or Lessee due to such tax challenge or otherwise shall be the total sole property of Lessee. There shall be included within the definition of "real property taxes" with respect to any calendar year only the amount currently payable on bonds and assessments (which shall be paid by Tenant for any such Tax Year shall exceed in the actual Tenant’s Share maximum number of Real Estate Taxes installments), including interest for such Tax Yeartax calendar year or the current annual installment for such calendar year. Notwithstanding anything to the contrary contained in this Lease, such real property taxes shall not include (i) any excess shall profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Lessor's general or net income (as opposed to rents or receipts), (ii) late charges, penalties or interest incurred as a result of Lessor's negligence, inability or unwillingness to timely deliver tax bills to Lessee or to timely file any tax returns or reports in respect to any real property taxes as may be credited prepared by Lessee and timely delivered to Lessor, or (iii) any other taxes or assessments charged or levied against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year Lessor which are not directly incurred as a result of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment operation of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeasePremises.

Appears in 1 contract

Samples: Deed of Lease (Etoys Inc)

Payment of Real Estate Taxes. Commencing on the Rent Commencement Date for each BuildingDate, Tenant shall pay to Landlord as Additional Charges one-Rent one twelfth (1/12th) of Tenant’s Proportionate Share of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax each Lease Year, in advance, in an amount reasonably estimated by Landlord in good faith and billed by Landlord to Tenant, and . Landlord shall have the right initially to determine monthly estimates and to reasonably revise such estimates estimate from time to time. With reasonable promptness Within one hundred twenty (120) days after Landlord has received the tax bills expiration of each fiscal year for any Tax YearReal Estate Taxes, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth in reasonable detail the actual amount of Real Estate Taxes for such Tax Year, and Tenant’s Share thereof. If the actual Tenant’s Proportionate Share of Real Estate Taxes for such Tax Year exceed year. If the actual amount of Tenant’s Proportionate Share of Real Estate Taxes due for such year differs from the estimated amount of Tenant’s Proportionate Share of Real Estate Taxes paid by Tenant for such Tax Yearyear, then, if Tenant owes any amounts to Landlord, such amounts shall pay to Landlord the difference between the amount be paid by Tenant and the actual Real Estate Taxes (whether or not this Lease has terminated) within thirty (30) days after the receipt of Landlord’s Tax Statement, and if the total amount paid by Tenant for Landlord owes any such Tax Year shall exceed the actual amounts to Tenant’s Share of Real Estate Taxes for such Tax Year, such excess amounts shall be credited against the next installment installments of Real Estate Taxes Base Rent and Additional Rent due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year of (or if the Lease Termhas terminated for any reason other than Tenant’s default, then Landlord shall reimburse paid to Tenant for such overage on or before the thirtieth within thirty (30th30) day following the Expiration Date. No delay by Landlord in providing a days after delivery of Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of the actual or estimated sums of Statement). Tenant’s obligation to pay Tenant’s Proportionate Share of Real Estate Taxes that are payable by Tenant under this Leaseshall commence as of the Rent Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Sonicwall Inc)

Payment of Real Estate Taxes. Commencing on During the term of this Lease and any renewals and extensions hereof, Lessor shall deliver all tax bills to Lessee immediately upon receipt thereof. Following receipt of any such bills, Lessee shall pay such general real estate taxes and assessments and other ad valorem taxes, rates and levies assessed against the Land and/or the Building by any governmental agency or authority and all charges specifically imposed in lieu thereof (collectively, "real property taxes") at least ten (10) days prior to the delinquency date of the applicable installment. Upon written request from Lessor, Lessee shall promptly furnish Lessor with satisfactory evidence that such taxes have been paid. Notwithstanding anything to the contrary contained herein, Lessor shall pay at its sole cost and expense, any current or pending special assessments. The responsibility for the payment of real property taxes shall be prorated to the Commencement Date for each Buildingof this Lease. If any such real property taxes cover any period of time after the expiration or earlier termination of the term of this Lease, Tenant Lessee's share of real property taxes shall pay be equitably prorated to Landlord as Additional Charges one-twelfth (1/12th) cover only the period of Tenant’s Share time during the term of Real Estate Taxes attributable to such Building for each Tax Year on or before the first day of each month during such Tax Year, in advance, in an amount reasonably estimated by Landlord Lease and billed by Landlord to Tenant, and Landlord Lessor shall have the right initially to determine monthly estimates and to revise such estimates from time to time. With reasonable promptness after Landlord has received the tax bills reimburse Lessee for any Tax Year, Landlord shall furnish Tenant with a statement (herein called “Landlord’s Tax Statement”) setting forth the amount of Real Estate Taxes for overpayment after such Tax Year, and Tenant’s Share thereof. If the actual Tenant’s Share of Real Estate Taxes for such Tax Year exceed the estimated Real Estate Taxes paid by Tenant for such Tax Year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual Real Estate Taxes proration within thirty (30) days after from making request therefor. Lessee may, at its sole option, pursue claims for reductions in real property taxes, in the receipt name of Landlord’s Tax StatementLessor, if necessary, and if Lessor agrees to reasonably cooperate with Lessee in furtherance thereof. Any tax refunds and/or savings achieved by Lessee or Lessor due to such tax challenge or otherwise shall be the total sole property of Lessee. There shall be included within the definition of "real property taxes" with respect to any calendar year only the amount currently payable on bonds and assessments (which shall be paid by Tenant for any such Tax Year shall exceed in the actual Tenant’s Share maximum number of Real Estate Taxes installments), including interest for such Tax Yeartax calendar year or the current annual installment for such calendar year. Notwithstanding anything to the contrary contained in this Lease, such real property taxes shall not include (i) any excess shall be credited profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Lessor's general or net income (as opposed to rents or receipts), (ii) penalties incurred as a result of Lessor's negligence, inability or unwillingness to timely deliver tax bills to Lessee, or (iii) any other taxes or assessments charged or levied against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. If it has been determined that Tenant has overpaid Real Estate Taxes during the last year Lessor which are not directly incurred as a result of the Lease Term, then Landlord shall reimburse Tenant for such overage on or before the thirtieth (30th) day following the Expiration Date. No delay by Landlord in providing a Landlord’s Tax Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment operation of the actual or estimated sums of Tenant’s Share of Real Estate Taxes that are payable by Tenant under this LeasePremises.

Appears in 1 contract

Samples: Deed of Lease (Etoys Inc)

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