Common use of Payment of Real Estate Taxes Clause in Contracts

Payment of Real Estate Taxes. Commencing on the Rent Commencement Date, Tenant shall pay to Landlord as Additional Rent, with respect to each Tax Year or portion thereof included in the Term, Tenant’s Tax Share of the amount of the Real Estate Taxes levied, assessed, imposed, payable or paid upon the Land, the Building or the Common Areas. Tenant’s share of such Real Estate Taxes for the first Tax Year and the last Tax Year falling within the Term shall be apportioned on the basis of the number of months of such Tax Year falling within the Term. The term “Real Estate Taxes” shall mean and include, without limitation, all real estate ad valorem taxes, assessments, betterments, water and sewer rents, school taxes, and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall during or with respect to the Term be levied, assessed, imposed, become or to become due and payable upon the Land, the Building, and the Common Areas, or which arise in connection with the use, occupancy or possession of the Land, the Building, the Common Areas or any part thereof. Such term shall include any charge, such as water meter charge and the sewer rent based thereon, unless measured by the consumption by the actual user of the item or service for which the charge is made and billed separately to tenants of the Building. Whether or not Landlord shall take the benefit of the provisions of any statute or ordinance permitting any assessment for public betterments or improvements to be paid over a period of time, Landlord shall, nevertheless, be deemed to have taken such benefit so that the term Real Estate Taxes shall include only the current annual installment of any such assessment and the interest on unpaid installments as paid over the longest period of time allowable. Landlord shall deliver tax bills or copy thereof (which may be by email) to Tenant within five (5) business days after receipt thereof and such bills shall be conclusive evidence of the amount of a tax or installment therein. Nothing herein contained shall be construed to include as Real Estate Taxes any inheritance, estate, succession, transfer, gift, franchise, corporation, income or profit tax or capital levy, or penalty or interest for late payment of Real Estate Taxes, that is or may be imposed upon Landlord; provided, however, that, if at any time during the Term the method of taxation prevailing at the execution of this Lease shall be altered so that in lieu of or as a substitute for or in addition to the whole or any part of the Real Estate Taxes levied, assessed or imposed as above described, there shall be levied, assessed or imposed (i) a tax on the rents received from the Land, the Building, and the Common Areas, or (ii) a license fee measured by the rents received by Landlord from the Land, the Building, and the Common Areas or any portion thereof, or (iii) a tax or license fee imposed upon Landlord which is otherwise measured by or based in whole or in part upon the Land and/or Building, and the Common Areas or any portion thereof, then the same shall be included in the computation of Real Estate Taxes hereunder.

Payment of Real Estate Taxes. Commencing on the Rent Commencement Date, (a) Tenant shall pay to Landlord as Additional Rentpay, with respect to each Tax Year on or portion thereof included in before the Termdue date, Tenant’s Tax Share of the amount of the Real Estate Taxes levied, assessed, imposed, payable or paid upon the Land, all taxes and assessments levied against the Building or the Common Areasreal property of which the Building forms a part, including land. Landlord shall cooperate with Tenant in directing all tax bills to be sent direct to Tenant’s share . If Landlord receives any such bills, it shall promptly forward them to Tenant so that Tenant receives them no less than twenty (20) days prior to the due date. In the event of assessments which may be paid in installments by reason of bonding or otherwise, Tenant may elect to make payment under the installment plan. For purposes of this Article 8, "taxes and assessments" payable by Tenant hereunder includes: (i) any fee, license fee, license tax, business license fee, commercial rental tax, levy, charge, assessment, penalty or tax imposed by any taxing authority against the Real Estate; (ii) any tax on the Landlord's right to receive, or the receipt of, rent or income from the Real Estate or against Landlord's business of leasing the Real Estate, including a gross receipts tax or business taxes based on gross receipts; (iii) any tax or charge for fire protection, streets, sidewalks, road maintenance, refuse or other services provided to the Real Estate by any governmental agency; (iv) any charge or fee replacing any tax previously included within the definition of real property tax; and (v) all personal property taxes assessed against any personal property located on the Real Estate. (b) Should the Tenant be in occupancy during only a portion of the final calendar year, Tenant shall be responsible to Landlord for a pro rata portion of its tax obligation as described herein, based on the portion of such Real Estate Taxes for the first Tax Year and the last Tax Year falling within the Term shall be apportioned on the basis of the number of months of such Tax Year falling within the Term. The term “Real Estate Taxes” shall mean and include, without limitation, all real estate ad valorem taxes, assessments, betterments, water and sewer rents, school taxes, and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall during or with respect to the Term be levied, assessed, imposed, become or to become taxes due and payable upon the Land, the Building, and the Common Areas, or which arise in connection with the use, occupancy or possession of the Land, the Building, the Common Areas or any part thereof. Such term shall include any charge, such as water meter charge and the sewer rent based thereon, unless measured by the consumption by the actual user of the item or service for which the charge is made and billed separately to tenants of the Building. Whether or not Landlord shall take the benefit of the provisions of any statute or ordinance permitting any assessment for public betterments or improvements to be paid over a period of time, Landlord shall, nevertheless, be deemed to have taken such benefit so that the term Real Estate Taxes shall include only the current annual installment of any such assessment and the interest on unpaid installments as paid over the longest period of time allowable. Landlord shall deliver tax bills or copy thereof (which may be by email) to Tenant within five (5) business days after receipt thereof and such bills shall be conclusive evidence of the amount of a tax or installment therein. Nothing herein contained shall be construed to include as Real Estate Taxes any inheritance, estate, succession, transfer, gift, franchise, corporation, income or profit tax or capital levy, or penalty or interest for late payment of Real Estate Taxes, that is or may be imposed upon Landlord; provided, however, that, if at any time during the Term the method of taxation prevailing at the execution of this Lease shall be altered so that in lieu of or as a substitute for or in addition to the whole or any part of the Real Estate Taxes levied, assessed or imposed as above described, there shall be levied, assessed or imposed (i) a tax on the rents received from the Land, the Building, and the Common Areas, or (ii) a license fee measured by the rents received by Landlord from the Land, the Building, and the Common Areas or any portion thereof, or (iii) a tax or license fee imposed upon Landlord which is otherwise measured by or based in whole or in part upon the Land and/or Building, and the Common Areas or any portion thereof, then the same shall be included in the computation of Real Estate Taxes hereundersaid final year.

Payment of Real Estate Taxes. Commencing The total assessed value of the Land and ---------------------------- Building for the 1989-1990 tax year, as shown on the Rent Commencement Datesecured property tax roll for Santa Xxxxx County, was One Million Two Hundred Thirty-Seven Thousand One Hundred Fifty-Nine Dollars ($1,237,159). The total amount of real property taxes due for such year, including assessments collected with real property taxes, was Sixteen Thousand Five Hundred Twenty-Three Dollars and Eighty-Four Cents ($16,523.84), due in two equal installments. In addition, supplemental taxes assessed pursuant to Chapter 3.5 of the California Revenue and Taxation Code for the 1989-1990 tax year totaled Eighty-Seven Dollars and Twenty-Two Cents ($87.22), due in two equal installments. Landlord shall use its best efforts to cause the tax bills for the Land and Building to be sent directly to Tenant from the county assessor or other applicable taxing authority. If tax bills are sent directly to Tenant, Tenant shall pay provide copies of such bills to Landlord within thirty (30) days after their receipt by Tenant. Tenant shall pay directly to the applicable governmental taxing authority, as Additional RentRent without any abatement, with respect set-off or other reduction pursuant to any other provision of this Lease, all Real Estate Taxes assessed for each Tax Year tax period or portion thereof included in within the TermTerm of this Lease, Tenant’s Tax Share of and which are during such Term levied, or imposed upon or become a lien or liens upon the amount of Land and the Building. Tenant shall pay all Real Estate Taxes leviedwithin fifteen (15) business days of its receipt of the appropriate tax xxxx(s) from Landlord or from the taxing authority but not earlier than thirty (30) days prior to the delinquency date of any such taxes. Tenant shall furnish Landlord with evidence of payment of same within thirty (30) days thereafter. Landlord shall pay all interest and penalties assessed with respect to such Real Estate Taxes, assessedunless such interest or penalties are assessed as a result of the failure of Tenant to timely pay such Real Estate Taxes, imposedin which event Tenant shall pay such interest and penalties directly to the applicable governmental taxing authority as Additional Rent. The foregoing notwithstanding, payable Tenant shall not be responsible to pay any portion of any increase in Real Estate Taxes attributable to an increase in valuation resulting or paid upon arising by virtue of a change of ownership of the Land, Land and/or the Building occurring during the first five (5) Lease Years of the Primary Term. Tenant shall pay any increase in Tenant's Share of Real Estate Taxes attributable to an increase in valuation resulting or arising from any change in ownership of the Common AreasLand and/or the Building occurring during the remainder of the Primary Term or Extended Term(s). Tenant’s share of such Real Estate Taxes for the first Tax Year tax year in which the Term of this Lease commences and for the last Tax Year tax year in which such Term expires shall be apportioned between Landlord and Tenant in accordance with the number of days thereof falling within the Term shall be apportioned on the basis of the number of months of such Tax Year falling within the Term. The term “Real Estate Taxes” shall mean and include, without limitation, all real estate ad valorem taxes, assessments, betterments, water and sewer rents, school taxes, and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall during or with respect to the Term be levied, assessed, imposed, become or to become due and payable upon the Land, the Building, and the Common Areas, or which arise in connection with the use, occupancy or possession of the Land, the Building, the Common Areas or any part thereof. Such term shall include any charge, such as water meter charge and the sewer rent based thereon, unless measured by the consumption by the actual user of the item or service for which the charge is made and billed separately to tenants of the Building. Whether or not Landlord shall take the benefit of the provisions of any statute or ordinance permitting any assessment for public betterments or improvements to be paid over a period of time, Landlord shall, nevertheless, be deemed to have taken such benefit so that the term Real Estate Taxes shall include only the current annual installment of any such assessment and the interest on unpaid installments as paid over the longest period of time allowable. Landlord shall deliver tax bills or copy thereof (which may be by email) to Tenant within five (5) business days after receipt thereof and such bills shall be conclusive evidence of the amount of a tax or installment therein. Nothing herein contained shall be construed to include as Real Estate Taxes any inheritance, estate, succession, transfer, gift, franchise, corporation, income or profit tax or capital levy, or penalty or interest for late payment of Real Estate Taxes, that is or may be imposed upon Landlord; provided, however, that, if at any time during the Term the method of taxation prevailing at the execution of this Lease shall be altered so that in lieu of or as a substitute for or in addition to the whole or any part of the Real Estate Taxes levied, assessed or imposed as above described, there shall be levied, assessed or imposed (i) a tax on the rents received from the Land, the Building, and the Common Areas, or (ii) a license fee measured by the rents received by Landlord from the Land, the Building, and the Common Areas or any portion thereof, or (iii) a tax or license fee imposed upon Landlord which is otherwise measured by or based in whole or in part upon the Land and/or Building, and the Common Areas or any portion thereof, then the same shall be included in the computation of Real Estate Taxes hereunderLease.

Payment of Real Estate Taxes. Commencing The total assessed value of the Land and ---------------------------- Building for the 1989-1990 tax year, as shown on the Rent Commencement Datesecured property tax roll for Santa Xxxxx County, was One Million Three Hundred Sixty-Five Thousand Two Hundred Fifty-Five Dollars ($1,365,255). The total amount of real property taxes due for such year, including assessments collected with real property taxes, was Seventeen Thousand Seven Hundred and Three Dollars and Thirty-Eight Cents ($17,703.38), due in two equal installments. In addition, supplemental taxes assessed pursuant to Chapter 3.5 of the California Revenue and Taxation Code for the 1989-1990 tax year totalled Eighty-Seven Dollars and Twenty-Two Cents ($87.22), due in two equal installments. Landlord shall use its best efforts to cause the tax bills for the Land and Building to be sent directly to Tenant from the county assessor or other applicable taxing authority. If tax bills are sent directly to Tenant, Tenant shall pay provide copies of such bills to Landlord within thirty (30) days after their receipt by Tenant. Tenant shall pay directly to the applicable governmental taxing authority, as Additional RentRent without any abatement, with respect setoff or other reduction pursuant to any other provision of this Lease, all Real Estate Taxes assessed for each Tax Year tax period or portion thereof included in within the TermTerm of this Lease, Tenant’s Tax Share of and which are during such Term levied, or imposed upon or become a lien or liens upon the amount of Land and the Building. Tenant shall pay all Real Estate Taxes leviedwithin fifteen (15) business days of its receipt of the appropriate tax xxxx(s) from Landlord or from the taxing authority but not earlier than thirty (30) days prior to the delinquency date of any such taxes. Tenant shall furnish Landlord with evidence of payment of same within thirty (30) days thereafter. Landlord shall pay all interest and penalties assessed with respect to such Real Estate Taxes, assessedunless such interest or penalties are assessed as a result of the failure of Tenant to timely pay such Real Estate Taxes, imposedin which event Tenant shall pay such interest and penalties directly to the applicable governmental taxing authority as Additional Rent. The foregoing notwithstanding, payable Tenant shall not be responsible to pay any portion of any increase in Real Estate Taxes attributable to an increase in valuation resulting or paid upon arising by virtue of a change of ownership of the Land, Land and/or the Building occurring during the first five (5) Lease Years of the Primary Term. Tenant shall pay any increase in Real Estate Taxes attributable to an increase in valuation resulting or arising from a change in ownership of the Common AreasLand and/or the Building occurring during the remainder of the Primary Term or Extended Term(s). Tenant’s share of such Real Estate Taxes for the first Tax Year tax year in which the Term of this Lease commences and for the last Tax Year tax year in which such Term expires shall be apportioned between Landlord and Tenant in accordance with the number of days thereof falling within the Term shall be apportioned on the basis of the number of months of such Tax Year falling within the Term. The term “Real Estate Taxes” shall mean and include, without limitation, all real estate ad valorem taxes, assessments, betterments, water and sewer rents, school taxes, and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall during or with respect to the Term be levied, assessed, imposed, become or to become due and payable upon the Land, the Building, and the Common Areas, or which arise in connection with the use, occupancy or possession of the Land, the Building, the Common Areas or any part thereof. Such term shall include any charge, such as water meter charge and the sewer rent based thereon, unless measured by the consumption by the actual user of the item or service for which the charge is made and billed separately to tenants of the Building. Whether or not Landlord shall take the benefit of the provisions of any statute or ordinance permitting any assessment for public betterments or improvements to be paid over a period of time, Landlord shall, nevertheless, be deemed to have taken such benefit so that the term Real Estate Taxes shall include only the current annual installment of any such assessment and the interest on unpaid installments as paid over the longest period of time allowable. Landlord shall deliver tax bills or copy thereof (which may be by email) to Tenant within five (5) business days after receipt thereof and such bills shall be conclusive evidence of the amount of a tax or installment therein. Nothing herein contained shall be construed to include as Real Estate Taxes any inheritance, estate, succession, transfer, gift, franchise, corporation, income or profit tax or capital levy, or penalty or interest for late payment of Real Estate Taxes, that is or may be imposed upon Landlord; provided, however, that, if at any time during the Term the method of taxation prevailing at the execution of this Lease shall be altered so that in lieu of or as a substitute for or in addition to the whole or any part of the Real Estate Taxes levied, assessed or imposed as above described, there shall be levied, assessed or imposed (i) a tax on the rents received from the Land, the Building, and the Common Areas, or (ii) a license fee measured by the rents received by Landlord from the Land, the Building, and the Common Areas or any portion thereof, or (iii) a tax or license fee imposed upon Landlord which is otherwise measured by or based in whole or in part upon the Land and/or Building, and the Common Areas or any portion thereof, then the same shall be included in the computation of Real Estate Taxes hereunderLease.