Common use of Payment of Taxes and Assessments Clause in Contracts

Payment of Taxes and Assessments. Tenant shall pay, prior to delinquency: (a) all real property taxes, personal property taxes, GPLET and other taxes, assessments, levies, fees, fines and penalties and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which now or hereafter under existing or future Applicable Laws are imposed or levied upon, measured or assessed during the Lease Term against (i) the Premises, (ii) any Annual Rent, Municipal Service Fees, or any Additional Rent or other sum payable by Tenant hereunder or (iii) this Lease, the leasehold estate hereby created or which arises in respect of the operation, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Fees, or other amounts payable to Landlord hereunder, but not income taxes (collectively, the “Taxes”). If Tenant fails to pay any Taxes before they become delinquent, Landlord, after notice to Tenant, may pay such delinquent Taxes, and all expenditures and costs incurred thereby shall be payable as Additional Rent hereunder within ten (10) days after such notice to Tenant. Tenant will furnish to Landlord, promptly after demand therefor, proof of payment of all Taxes payable by Tenant. Tenant may pay such Taxes in installments if legally permitted to do so.

Payment of Taxes and Assessments. Tenant shall paypay or cause to be paid without any abatement, prior to delinquency: deduction, diminution or offset (aexcept as permitted by Paragraph 5.3), (i) all real property taxes, and personal property taxes, GPLET general and special assessments, excises, impositions, levies and other taxes, assessments, levies, fees, fines and penalties and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which charges of every description now or hereafter under existing levied on, assessed against or future Applicable Laws are otherwise imposed with respect to, the Land, improvements located on the Land, personal property located on or levied upon, measured in the Land or assessed during the Lease Term against (i) the Premises, (ii) any Annual Rent, Municipal Service Fees, or any Additional Rent or other sum payable by Tenant hereunder or (iii) this LeaseImprovements, the leasehold estate hereby created hereby, or which arises in respect any subleasehold estate or any right of the operationoccupancy under any concession, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Feeslicense, or other amounts payable agreement, and (ii) the portion of any taxes or other impositions in the nature of a tax on Landlord’s right to do business attributable to Landlord’s rights, powers, duties, or obligations under this Lease, to the full extent of installments accruing during the term of this Lease, whether belonging to, or chargeable against, Landlord hereunderor Tenant, but not income taxes or anyone claiming by, through, or under Tenant (collectivelyhereinafter, the “collectively ‘Taxes”’). If In addition, Tenant fails to shall also pay any Taxes before they become delinquent, Landlord, after notice to Tenant, may pay such delinquent Taxes, and however described, which may hereafter be levied, assessed, or imposed in lieu of, as a substitute (in whole or in part) for, or as an addition to, any other Taxes payable by Tenant hereunder. Tenant shall make all expenditures and costs incurred thereby shall be payable as Additional Rent hereunder within such payments direct to the charging authority at least ten (10) days after such notice to Tenantbefore delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment. Tenant will furnish to LandlordIf, promptly after demand thereforhowever, proof of the law expressly permits the payment of all Taxes payable by Tenant. Tenant may pay such the Taxes in installments (whether or not interest accrues on the unpaid balance) Tenant may, at Tenant’s election, utilize the permitted installment method, but shall pay each installment with interest, if legally permitted any, before delinquency. Notwithstanding the above, no affirmative obligation shall be created for the Tenant to do sopay any tax, assessment, or other charge which is not or cannot under any circumstances result in a lien against the Land, Improvements, or leasehold estate or Tenant’s or Landlord’s interest therein, excepting any Tax described in clause (ii), above.

Payment of Taxes and Assessments. (i) Subject to Section 3(a)(ii) below, Tenant shall paypay and discharge on or before the due date, prior to delinquency: (a) and promptly provide Landlord with written evidence of the payment of same, all real property taxes, personal property taxes, GPLET and other estate taxes, assessments, levies, fees, fines special assessments and penalties and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, dues which now are levied or hereafter under existing or future Applicable Laws are imposed or levied upon, measured or assessed upon the Leased Property during the Lease Term against (i) Term. Landlord shall promptly provide Tenant with copies of all real estate tax notices and assessments actually received by Landlord. In the Premisesevent of any failure on the part of Tenant to pay any of such real estate taxes and assessments as and when payable, Tenant will also promptly pay and reimburse Landlord and/or its Affiliates for all such amounts paid by Landlord and/or its Affiliates and promptly pay and discharge every fine, penalty, interest and cost which may be added for non-payment or late payment of such items, and Landlord shall have all legal, equitable and contractual rights, powers and remedies provided in this Lease, by statute, or otherwise, in the case of non-payment of the real estate taxes and assessments, as in the case of the Minimum Rent. (ii) Notwithstanding Section 3.1(a)(i) to the contrary, at any Annual Rentpoint during the term, Municipal Service FeesTenant shall, upon Landlord’s written request, pay to Landlord the known or estimated yearly real estate taxes and assessments in the manner set forth in this Section 3.1(a)(ii); provided, however, that Landlord shall make such written request only if (A) Tenant has committed an Event of Default hereunder (regardless of whether such Event of Default is later cured), or (B) Tenant fails, at any Additional Rent or other sum payable by Tenant hereunder time, to make any payment due pursuant to Section 3.1(a)(i) in a timely manner, or (iiiC) Landlord reasonably deems itself insecure with respect to Tenant’s ability to perform its financial obligations under this Lease. Following such written notice by Landlord, Tenant shall pay to Landlord the leasehold known or estimated yearly real estate hereby created or which arises taxes and assessments payable with respect to the Leased Property in respect monthly payments equal to one-twelfth of the operationknown or estimated yearly real estate taxes and assessments next payable with respect to the Leased Property, possession or use but only the real estate taxes and assessments which accrue after the Commencement Date and during the Term of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Fees, or other Lease. The amounts payable delivered to Landlord hereunderpursuant to this Section 3.1(a)(ii) will be held in escrow by Landlord to pay for the taxes and assessments due with respect to the Leased Property. From time to time, but not income more than once a year, Landlord may reasonably re-estimate the amount of real estate taxes (collectivelyand assessments, and in such event Landlord shall notify Tenant, in writing, of such re-estimate and fix future monthly installments for the “Taxes”)remaining period prior to the next tax and assessment due date in an amount sufficient to pay the re-estimated amount over the balance of such period after giving credit for payments made by Tenant on the previous estimate. If the total monthly payments made by Tenant fails pursuant to this Section 3.1(a)(ii) shall exceed the amount of payments necessary for said taxes and assessments, such excess shall be promptly returned to Tenant; but if the total of such monthly payments so made under this Section 3.1(a)(ii) shall be insufficient to pay any Taxes before they become delinquentsuch taxes and assessments when due, Landlord, after notice then Tenant shall pay to Tenant, Landlord such amount as may pay such delinquent Taxes, and all expenditures and costs incurred thereby shall be payable as Additional Rent hereunder necessary to make up the deficiency within ten (10) days after such of receipt of written notice by the Landlord. Landlord shall pay all taxes, assessments and other impositions with respect to Tenant. the Leased Property to the appropriate taxing authority on or before the due date, and promptly provide Tenant will furnish to Landlord, promptly after demand therefor, proof evidence of the payment of all Taxes payable by Tenant. Tenant may pay such Taxes in installments if legally permitted to do sosame.

Payment of Taxes and Assessments. Section 3.1 Landlord will promptly deliver to Tenant shall all tax bills received by Landlord with respect to the Demised Premises and Tenant will pay, prior directly to delinquency: (a) the appropriate governmental authority, before fine, penalty or interest may be added for nonpayment, all real property taxes, personal property taxes, GPLET and other estate taxes, assessments, levies, fees, fines water and penalties sewer rents and all other governmental chargeslevies and charges (all taxes, general assessments, water and special, ordinary sewer rents and extraordinary, foreseen other governmental levies and unforeseen, charges being hereinafter called "real estate taxes") which now or hereafter under existing or future Applicable Laws are imposed or levied uponbecome a lien upon the Demised Premises or become payable, measured or assessed during the Lease Term against (i) the PremisesTerm, (ii) any Annual Rent, Municipal Service Fees, and will promptly send Landlord a receipt for such payment or any Additional Rent or other sum payable by Tenant hereunder or (iii) this Lease, the leasehold estate hereby created or which arises in respect a copy of the operationtax bilx xxd a copy of Tenant's cancelled check in payment thereof. Section 3.2 In the event any tax bilx xxceived by Landlord incorporates property in addition to the Demised Premises also owned by Landlord then, possession or use notwithstanding the provisions of this Article 3, all taxes respecting the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured Demised Premises will be paid by any Annual Rent, Municipal Service Fees, or other amounts payable to Landlord hereunder, but not income taxes (collectively, the “Taxes”). If Tenant fails to pay any Taxes before they become delinquent, Landlord, after notice to and Landlord will thereafter bilx Xxnant for Tenant, may pay 's pro rata share of such delinquent Taxes, tax as reasonably determined by Landlord and all expenditures and costs incurred thereby shall Tenant. Such sum will be payable treated as Additional Rent hereunder hereunder, which will be due and payable within ten thirty (1030) days after following delivery of such notice bilx xx Tenant and otherwise in accordance with the terms of this Lease. In the event that the real estate taxes are increased as a direct result of a sale or refinancing of the Demised Premises, the portion of the real estate taxes attributable to the sale or refinancing shall be the obligation of Landlord and not Tenant. Tenant will furnish to Landlord, promptly after demand therefor, proof of payment of all Taxes payable by Tenant. Tenant may pay such Taxes in installments if legally permitted to do so.

Payment of Taxes and Assessments. 6.1 Subject to Section 6.2, Tenant shall will pay, prior thirty (30) days before any fine, penalty, interest or cost may be added thereto for the non-payment thereof (or sooner if elsewhere herein required), all taxes assessed or levied by government (including but not limited to delinquency: (a) all real property estate taxes, personal property ad valorem taxes, GPLET school taxes, assessments and other personal property, intangible and use taxes, if any, imposed upon the Leased Property), assessments, levies, licenses and permit fees, fines and penalties bed taxes, charges for public utilities imposed upon the Leased Property, and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which now or hereafter under existing or future Applicable Laws are imposed or levied upon, measured or assessed of any kind and nature whatsoever that during the Lease Term against (i) the Premisesmay be assessed, (ii) any Annual Rentlevied, Municipal Service Feesconfirmed, imposed upon or become due and payable out of or in respect of, or become a lien on the Leased Property and/or Landlord’s Personal Property or any Additional Rent or other sum payable part thereof (hereinafter collectively referred to as “Taxes and Assessments”). 6.2 Tenant shall pay to Landlord (or, if so directed by Landlord, to Landlord’s lender), on the 4th Friday of each calendar month during the Term, an amount equal to 1/12th of the anticipated Taxes and Assessments for the then current calendar year. Landlord will apply all such payments (which shall not bear interest) to the payment of the Taxes and Assessments as and when they become due. If at any time the payments theretofore paid by Tenant hereunder or (iii) this Lease, shall be insufficient for the leasehold estate hereby created or which arises in respect payment of the operationTaxes and Assessments, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Fees, or other amounts payable to Landlord hereunder, but not income taxes (collectively, the “Taxes”). If Tenant fails to pay any Taxes before they become delinquent, Landlord, after notice to Tenant, may pay such delinquent Taxes, and all expenditures and costs incurred thereby shall be payable as Additional Rent hereunder within ten (10) days Business Days after such notice to Tenant. Tenant will furnish to Landlord, promptly after ’s written demand therefor, proof shall pay the amount of the deficiency to Landlord or Landlord’s Lender, as the case may be. If Landlord fails to make any payment for which payments are sufficiently held by Landlord, and such failure results in a penalty or imposition payable by Landlord or Tenant with respect to the Premises, Landlord shall be responsible for paying such penalty or imposition. If such collected amounts are in excess of the Taxes and Assessments due, then (i) such excess shall be applied to the Taxes and Assessments for the next calendar year, or (ii) if in the final calendar year of the Term, such excess shall be refunded to Tenant within ten (10) Business Days of the expiration of the Term. 6.3 Tenant shall prepare and timely file all required personal property declaration forms for the personal property at the Premises, including, without limitation, the Equipment and Tenant’s Personal Property, and shall pay on or before the due date thereof, all personal property taxes directly to the governing authorities, it being understood and agreed that personal property taxes shall not be deemed to be included in the Taxes and Assessments to be deposited with and paid by Landlord under Section 7(b). Within thirty (30) days after the due date thereof, Tenant shall deliver to Landlord receipts (if available from the taxing authority) or other evidence of payment of all Taxes payable personal property taxes paid by Tenant. . 6.4 Any Taxes and Assessments relating to a fiscal period of any authority, a part of which is included within the Term and a part of which is included in a period of time before or after the Term, shall be adjusted pro rata between Landlord and Tenant may pay and each party shall be responsible for its pro rata share of any such Taxes and Assessments. 6.5 Nothing herein contained shall require Tenant to pay income taxes assessed against Landlord, or capital levy, franchise, estate, succession or inheritance taxes of Landlord. 6.6 If any income, profits or revenue tax shall be levied, assessed or imposed upon the income, profits or revenue arising from Base Rent payable hereunder, partially or totally in installments if legally permitted lieu of or as a substitute for real estate or personal property taxes imposed upon the Leased Property, or otherwise, then Tenant shall be responsible for the payment of such tax. In addition, Tenant shall pay to do soLandlord any and all state and local sales tax, use tax, franchise tax (including the Texas “margin tax”) and/or gross receipts tax imposed on any payment deemed to be Rent under this Lease or under the Laws and rules and regulations imposing such taxes. For the avoidance of doubt, Tenant will pay directly to Landlord all state and local sales tax, use tax, franchise tax and/or gross receipts tax within thirty (30) days after presentation of invoice or written direction of Landlord and Landlord will remit the same to the appropriate governmental entity.