Common use of Payment of Real Property Taxes Clause in Contracts

Payment of Real Property Taxes. Tenant shall pay (and shall provide to Landlord and Landlord’s designated lenders written notice of such payment) not later than three (3) business days prior to the delinquency date therefor all real property taxes; current installments of any general or special assessments; license fees, commercial rental taxes, in lieu taxes, levies, charges, penalties or similar impositions imposed by any authority having the direct power to tax, and which are to be paid by or are incurred by Landlord relating to the Premises, including but not limited to, the following: (a) any tax on or measured by Rent received by Landlord from the Premises or as against Landlord’s business of leasing the Premises; (b) any assessment, tax, fee, levy or charge imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and for other governmental services formerly provided without charge to property owners or occupants; and (c) costs of determining, filing, contesting and appealing any such tax, assessment or charge, including accountants’, attorneys’ and consultants’ fees in connection with any appeal undertaken in good faith by Landlord consistent with Institutional Owner Practices (collectively, “Taxes”); provided, however that (i) Taxes shall not include any income, inheritance, estate or corporate (or LLC) franchise taxes of Landlord, and (ii) Tenant’s obligations under this Lease shall apply only to Taxes allocable to the Term of this Lease (and any holdover), and in the case where this Lease shall commence or terminate in the middle of a tax year, Tenant’s obligations for such tax year shall be prorated based upon a 365 day year and the number of days within the Term contained within such tax year. Taxes shall also include any assessment, tax, fee, levy or charge in substitution, partially or totally, of any assessment, tax, fee, levy or charge previously included within the definition of Taxes. It is hereby acknowledged by Tenant and Landlord that Proposition 13 was adopted by the voters of California in June 1978 and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and other governmental services formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Taxes for purposes of this Lease.

Payment of Real Property Taxes. Commencing with the Lease Commencement Date and continuing for each calendar year, or tax year at Landlord’s option (such “tax year” being a period of twelve (12) consecutive calendar months for which the applicable taxing authority levies or assesses Taxes), for the balance of the Lease Term, Tenant shall pay to Landlord the amount of all Taxes levied and assessed for any such year upon the Premises. Such sum for any partial year of the Lease Term shall be prorated on the basis of the number of days of such partial year. Payment shall be made in the following manner: Tenant shall pay to Landlord the amount of all Taxes levied and assessed upon the Premises, including improvements and the underlying realty for any calendar year, or at Landlord’s option any tax year, within thirty (30) days after Landlord gives notice to Tenant of the amount of such Taxes payable by Tenant (or not less than thirty (30) days prior to delinquency, whichever is later). Landlord also shall provide Tenant with a copy of the applicable Tax xxxx or Tax statement from the taxing authority. Notwithstanding the foregoing, if applicable law allows such Taxes to be paid in installments, then Tenant may make such payments to Landlord in installments, provided that each such installment shall be payable to Landlord not less than thirty (30) days prior to the date upon which payment of the applicable installment to the taxing authority becomes delinquent. In addition to any other amounts due from Tenant to Landlord, if Tenant fails to pay the Taxes to Landlord as herein required, Tenant shall pay to Landlord the amount of any interest, penalties or late charges imposed for late payment. Landlord, at its option, may require Tenant to pay all Taxes directly to the appropriate taxing authority under the same manner and subject to the provisions set forth in this Paragraph 7.1 (as if the governmental authority were “Landlord”). Tenant shall provide to Landlord and verification (reasonably acceptable to Landlord’s designated lenders written notice ) of such said payment within five (5) days of payment) not later than three (3) business days . 7.1.1 If the Premises are separately assessed, Tenant shall have the right, by appropriate proceedings, to protest or contest in good faith any assessment or reassessment of Taxes, any special assessment, or the validity of any Taxes or of any change in assessment or tax rate; provided, however, that prior to the delinquency date therefor all real property taxes; current installments of any general or special assessments; license fees, commercial rental taxes, in lieu taxes, levies, charges, penalties or similar impositions imposed by any authority having the direct power to tax, and which are to be paid by or are incurred by Landlord relating to the Premises, including but not limited to, the following: such challenge Tenant must either (a) any tax on or measured by Rent received by Landlord pay the taxes alleged to be due in their entirety and seek a refund from the Premises appropriate authority, or as against Landlord’s business of leasing the Premises; (b) post bond in an amount sufficient to insure full payment of the Taxes. In any assessmentevent, taxupon a final determination with respect to such contest or protest, fee, levy or charge imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and for other governmental services formerly provided without charge Tenant shall promptly pay all sums found to property owners or occupants; and (c) costs of determining, filing, contesting and appealing be due with respect thereto. In any such taxprotest or contest, assessment or chargeTenant may act in its own name, including accountants’and at the request of Tenant, attorneys’ and consultants’ fees Landlord shall cooperate with Tenant in any way Tenant may reasonably require in connection with such contest or protest, including signing such documents as Tenant reasonably shall request, provided that such cooperation shall be at no expense to Landlord and shall not require Landlord to attend any appeal undertaken in good faith by Landlord consistent with Institutional Owner Practices (collectively, “Taxes”); provided, however that (i) Taxes or other hearing. Any such contest or protest shall not include any income, inheritance, estate or corporate (or LLC) franchise taxes of Landlordbe at Tenant’s sole expense, and (ii) if any penalties, interest or late charges become payable with respect to the Taxes as a result of such contest or protest, Tenant shall pay the same. 7.1.2 If Tenant obtains a refund as the result of Tenant’s obligations under this Lease protest or contest and subject to Tenant’s obligation to pay Landlord’s costs (if any) associated therewith, Tenant shall apply only be entitled to Taxes allocable such refund to the Term of this extent it relates to the Premises during the Lease (and any holdover), and in the case where this Lease shall commence or terminate in the middle of a tax year, Tenant’s obligations for such tax year shall be prorated based upon a 365 day year and the number of days within the Term contained within such tax year. Taxes shall also include any assessment, tax, fee, levy or charge in substitution, partially or totally, of any assessment, tax, fee, levy or charge previously included within the definition of Taxes. It is hereby acknowledged by Tenant and Landlord that Proposition 13 was adopted by the voters of California in June 1978 and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and other governmental services formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Taxes for purposes of this LeaseTerm.

Payment of Real Property Taxes. Tenant shall pay (and shall provide Landlord agrees to Landlord and Landlord’s designated lenders written notice of such payment) not later than three (3) business days prior to the delinquency date therefor pay, before they become delinquent, all real property taxes; current installments of any general or special assessmentsassessments (which shall be paid in the maximum number of installments that such assessments may be paid without the imposition of any interest or penalties); license fees, commercial rental taxes, in lieu taxes, levies, charges, penalties or similar impositions imposed by any authority having the direct power to tax, and which are to be paid by or are incurred by Landlord relating to the PremisesLandlord, including but not limited to, the following: (a) any tax on or measured by Rent received by Landlord from the Premises Project or as against Landlord’s 's business of leasing any of the PremisesProject; (b) any assessment, tax, fee, levy or charge imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and for other governmental services formerly provided without charge to property owners or occupants; and (c) assessments due to deed restrictions and/or owner associations; and (d) reasonable costs of determining, filing, contesting and appealing any such tax, assessment or charge, including accountants’', attorneys’ ' and consultants’ fees in connection with any appeal undertaken in good faith by Landlord consistent with Institutional Owner Practices (collectively' fees, “Taxes”); provided, however that (i) Taxes shall not include but excluding any income, inheritance, estate or corporate (or LLC) franchise taxes of LandlordLandlord (collectively, and (ii) Tenant’s obligations under this Lease shall apply only to Taxes allocable to the Term of this Lease (and any holdover"TAXES"), and in the case where this Lease shall commence or terminate in the middle of a tax year, Tenant’s obligations for such tax year shall be prorated based upon a 365 day year and the number of days within the Term contained within such tax year. Taxes shall also include any assessment, tax, fee, levy or charge in substitution, partially or totally, of any assessment, tax, fee, levy or charge previously included within the definition of Taxes. It is hereby acknowledged by Tenant and Landlord that Proposition 13 was adopted by the voters of California in June 1978 and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and other governmental services formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Taxes for purposes of this Lease.

Payment of Real Property Taxes. Commencing with the Rent Commencement Date and continuing for each calendar year, or tax year at Landlord’s option (such “tax year” being a period of twelve (12) consecutive calendar months for which the applicable taxing authority levies or assesses Taxes), for the balance of the Lease Term, Tenant shall pay (and shall provide to Landlord and Landlord’s designated lenders written notice of such payment) not later than three (3) business days prior to the delinquency date therefor all real property taxes; current installments of any general or special assessments; license fees, commercial rental taxes, in lieu taxes, levies, charges, penalties or similar impositions imposed by any authority having the direct power to tax, and which are to be paid by or are incurred by Landlord relating to the Premises, including but not limited to, the following: (a) any tax on or measured by Rent received by Landlord from the Premises or as against Landlord’s business of leasing the Premises; (b) any assessment, tax, fee, levy or charge imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and for other governmental services formerly provided without charge to property owners or occupants; and (c) costs of determining, filing, contesting and appealing any such tax, assessment or charge, including accountants’, attorneys’ and consultants’ fees in connection with any appeal undertaken in good faith by Landlord consistent with Institutional Owner Practices (collectively, “Taxes”); provided, however that (i) Taxes shall not include any income, inheritance, estate or corporate (or LLC) franchise taxes of Landlord, and (ii) Tenant’s obligations under this Pro Rata Share of all Taxes, pursuant to Paragraph 7.5 below. Such sum for any partial year of the Lease shall apply only to Taxes allocable to the Term of this Lease (and any holdover), and in the case where this Lease shall commence or terminate in the middle of a tax year, Tenant’s obligations for such tax year shall be prorated based upon a 365 day year and on the basis of the number of days within the Term contained within of such tax partial year. At Tenant’s request, Landlord shall provide Tenant with a copy of the applicable Tax xxxx or Tax statement from the taxing authority. In addition to any other amounts due from Tenant to Landlord, if Tenant fails to pay the Taxes to Landlord as herein required, Tenant shall also include pay to Landlord the amount of any interest, penalties or late charges caused by Tenant’s late payment. 7.1.1 If the Premises are separately assessed, Tenant shall have the right, by appropriate proceedings, to protest or contest in good faith any assessment or reassessment of Taxes, any special assessment, tax, fee, levy or charge in substitution, partially or totally, the validity of any assessmentTaxes or of any change in assessment or tax rate; provided, taxhowever, feethat prior to any such challenge Tenant must either (a) pay the taxes alleged to be due in their entirety and seek a refund from the appropriate authority, levy or charge previously included within (b) post bond in an amount sufficient to insure full payment of the definition of Taxes. It is hereby acknowledged by In any event, upon a final determination with respect to such contest or protest, Tenant and Landlord that Proposition 13 was adopted by the voters of California shall promptly pay all sums found to be due with respect thereto. In any such protest or contest, Tenant may act in June 1978 and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and other governmental services formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and chargesits own name, and all similar assessmentsat the request of Tenant, taxesLandlord shall cooperate with Tenant in any way Tenant may reasonably require in connection with such contest or protest, feesincluding signing such documents as Tenant reasonably shall request, levies provided that such cooperation shall be at no expense to Landlord and shall not require Landlord to attend any appeal or other hearing. Any such contest or protest shall be at Tenant’s sole expense, and if any penalties, interest or late charges become payable with respect to the Taxes as a result of such contest or protest, Tenant shall pay the same. 7.1.2 If Tenant obtains a refund as the result of Tenant’s protest or contest and subject to Tenant’s obligation to pay Landlord’s costs (if any) associated therewith, Tenant shall be included within entitled to such refund to the definition of Taxes for purposes of this Leaseextent it relates to the Premises during the Lease Term.

Payment of Real Property Taxes. Commencing with the Lease Commencement Date and continuing for each calendar year, or tax year at Landlord's option (such "tax year" being a period of twelve (12) consecutive calendar months for which the applicable taxing authority levies or assesses Taxes), for the balance of the Lease Term, Tenant shall pay to Landlord the amount of all Taxes levied and assessed for any such year upon the Premises. Such sum for any partial year of the Lease Term shall be prorated on the basis of the number of days of such partial year. Payment shall be made in the following manner: Tenant shall pay to Landlord the amount of all Taxes levied and assessed upon the Premises, including improvements and the underlying realty for any calendar year, or at Landlord's option any tax year, within thirty (30) days after Landlord gives notice to Tenant of the amount of such Taxes payable by Tenant (or not less than thirty (30) days prior to delinquency, whichever is later). Landlord also shall provide Tenant with a copy of the applicable Tax xxxx or Tax statement from the taxing authority. Notwithstanding the foregoing, if applicable law allows such Taxes to be paid in installments, then Tenant may make such payments to Landlord in installments, provided that each such installment shall be payable to Landlord not less than thirty (30) days prior to the date upon which payment of the applicable installment to the taxing authority becomes delinquent. In addition to any other amounts due from Tenant to Landlord, if Tenant fails to pay the Taxes to Landlord as herein required, Tenant shall pay to Landlord the amount of any interest, penalties or late charges imposed for late payment. Landlord, at its option, may require Tenant to pay all Taxes directly to the appropriate taxing authority under the same manner and subject to the provisions set forth in this Paragraph 7.1 (as if the governmental authority were "Landlord"). Tenant shall provide to Landlord and verification (reasonably acceptable to Landlord’s designated lenders written notice ) of such said payment within five (5) days of payment) not later than three (3) business days . 7.1.1 If the Premises are separately assessed, Tenant shall have the right, by appropriate proceedings, to protest or contest in good faith any assessment or reassessment of Taxes, any special assessment, or the validity of any Taxes or of any change in assessment or tax rate; provided, however, that prior to the delinquency date therefor all real property taxes; current installments of any general or special assessments; license fees, commercial rental taxes, in lieu taxes, levies, charges, penalties or similar impositions imposed by any authority having the direct power to tax, and which are to be paid by or are incurred by Landlord relating to the Premises, including but not limited to, the following: such challenge Tenant must either (a) any tax on or measured by Rent received by Landlord pay the taxes alleged to be due in their entirety and seek a refund from the Premises appropriate authority, or as against Landlord’s business of leasing the Premises; (b) post bond in an amount sufficient to insure full payment of the Taxes. In any assessmentevent, taxupon a final determination with respect to such contest or protest, fee, levy or charge imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and for other governmental services formerly provided without charge Tenant shall promptly pay all sums found to property owners or occupants; and (c) costs of determining, filing, contesting and appealing be due with respect thereto. In any such taxprotest or contest, assessment or chargeTenant may act in its own name, including accountants’and at the request of Tenant, attorneys’ and consultants’ fees Landlord shall cooperate with Tenant in any way Tenant may reasonably require in connection with such contest or protest, including signing such documents as Tenant reasonably shall request, provided that such cooperation shall be at no expense to Landlord and shall not require Landlord to attend any appeal undertaken in good faith by Landlord consistent with Institutional Owner Practices (collectively, “Taxes”); provided, however that (i) Taxes or other hearing. Any such contest or protest shall not include any income, inheritance, estate or corporate (or LLC) franchise taxes of Landlordbe at Tenant's sole expense, and (ii) Tenant’s obligations under this Lease shall apply only to Taxes allocable if any penalties, interest or late charges become payable with respect to the Term Taxes as a result of this Lease such contest or protest, Tenant shall pay the same. 7.1.2 If Tenant obtains a refund as the result of Tenant's protest or contest and subject to Tenant's obligation to pay Landlord's costs (and any holdover)if any) associated therewith, and in the case where this Lease shall commence or terminate in the middle of a tax year, Tenant’s obligations for such tax year Tenant shall be prorated based upon a 365 day year and entitled to such refund to the number of days within extent it relates to the Term contained within such tax year. Taxes shall also include any assessment, tax, fee, levy or charge in substitution, partially or totally, of any assessment, tax, fee, levy or charge previously included within Premises during the definition of Taxes. It is hereby acknowledged by Tenant and Landlord that Proposition 13 was adopted by the voters of California in June 1978 and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, transportation, refuse removal and other governmental services formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Taxes for purposes of this LeaseLease Term.