Common use of PAYMENTS ON ACCOUNT OF REAL ESTATE TAXES Clause in Contracts

PAYMENTS ON ACCOUNT OF REAL ESTATE TAXES. (a) In the event that Taxes during any Tax Year shall exceed Base Taxes, Tenant shall pay to Landlord, as Additional Rent, an amount equal to (i) the excess of Taxes for such Tax Year over Base Taxes, multiplied by (ii) Tenant’s Proportionate Share, such amount to be apportioned for any portion of a Tax Year in which the Term Commencement Date falls or the Term expires. (b) Estimated payments by Tenant for Tenant’s Proportionate Share of Taxes shall be made on the first day of each and every calendar month during the Term of this Lease, in the fashion herein provided for the payment of Basic Rent. Tenant’s monthly estimated payment for Tenant’s Proportionate Share of Taxes shall be sufficient to provide Landlord with a sum equal to 1/12 of Tenant’s required payment for Tenant’s Proportionate Share of Taxes for the then current Tax Year, as reasonably estimated by Landlord from time to time. Once annually, Landlord shall advise Tenant in writing of the amount of the tax bills for the prior Tax Year and the computation of Tenant’s required payment for Tenant’s Proportionate Share of Taxes, and provide Tenant with copies of the relevant tax bills, which Landlord shall use commercially reasonable efforts to provide to Tenant within one hundred twenty (120) days following the expiration of each such Tax Year. If estimated payments for Taxes theretofore made by Tenant for the Tax Year covered by such bills exceed the required payment for Tenant’s Proportionate Share of Taxes for such Tax Year, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant for Tenant’s Proportionate Share of Taxes (or promptly refund such overpayment if requested by Tenant, or if the Term of this Lease has ended and Tenant has no further obligation to Landlord); but if the required payments for Tenant’s Proportionate Share of Taxes for such Tax Year are greater than estimated payments for Tenant’s Proportionate Share of Taxes theretofore made for such Tax Year, Tenant shall pay the difference to Landlord as Additional Rent within thirty (30) days after being so advised by Landlord in writing, and the obligation to make such payment for any period within the Term shall survive expiration or earlier termination of the Term.

PAYMENTS ON ACCOUNT OF REAL ESTATE TAXES. (a) For the purposes of this Article, the term “Tax Year” shall mean each twelve-month period commencing on July 1, 2006 and each twelve-month period thereafter commencing during the Term of this Lease; and the term “Taxes” shall mean all real estate taxes, special assessments and betterment assessments assessed with respect to the Property for any Tax Year excluding any income, estate, succession, inheritance, capital gain or transfer taxes of Landlord or any affiliated entity. (b) In the event that Taxes during any Tax Year Year, Taxes shall exceed be greater than Base Taxes, Tenant shall pay to Landlord, as Additional Rentan Escalation Charge, an amount equal to (i) the excess of Taxes over Base Taxes for such each Tax Year over Base Taxes(or partial Tax Year) falling within the Term of this Lease, multiplied by (ii) Tenant’s Proportionate Sharethe applicable Escalation Factor, such amount to be apportioned for any portion fraction of a Tax Year in which the Term Commencement Date falls or the Term expiresof this Lease ends. (bc) Estimated Following at least thirty (30) days’ prior notice from Landlord of the estimated amount to be paid by Tenant, estimated payments by Tenant for Tenant’s Proportionate Share on account of Taxes shall be made on monthly and at the first day of each time and every calendar month during the Term of this Lease, in the fashion herein provided for the payment of Basic Rent. Tenant’s The monthly estimated payment for Tenant’s Proportionate Share of Taxes amount so to be paid to Landlord shall be sufficient to provide Landlord with by the time real estate tax payments are due a sum equal to 1/12 of Tenant’s required payment for Tenant’s Proportionate Share payments, as estimated by Landlord from time to time, on account of Taxes for the then current Tax Year, as reasonably estimated . Promptly after receipt by Landlord from time to time. Once annuallyof bills for such Taxes, Landlord shall advise Tenant in writing of the amount of the tax bills for the prior Tax Year thereof and the computation of Tenant’s required payment for Tenant’s Proportionate Share of Taxes, and provide Tenant with copies of the relevant tax bills, which Landlord shall use commercially reasonable efforts to provide to Tenant within one hundred twenty (120) days following the expiration of each such Tax Yearon account thereof. If estimated payments for Taxes theretofore made by Tenant for the Tax Year covered by such bills exceed the required payment for Tenant’s Proportionate Share of Taxes payments on account thereof for such Tax Year, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant for Tenant’s Proportionate Share on account of Taxes (or promptly refund such overpayment if requested by Tenant, or if the Term of this Lease has ended and Tenant has no further obligation to Landlord); but if the required payments for Tenant’s Proportionate Share of Taxes on account thereof for such Tax Year are greater than estimated payments for Tenant’s Proportionate Share of Taxes theretofore made on account thereof for such Tax Year, Tenant shall pay the difference make payment to Landlord as Additional Rent within thirty (30) 30 days after being so advised by Landlord. Landlord in writing, shall have the same rights and remedies for the obligation non-payment by Tenant of any payments due on account of Taxes as Landlord has hereunder for the failure of Tenant to make such payment for any period within the Term pay Basic Rent. The obligations of Landlord and Tenant pursuant to this Article VIII shall survive expiration or earlier termination of the TermTerm of this Lease. In no event shall Tenant have any obligation to make any payment of Escalation Charges under this Article VIII prior to July 1, 2007.

PAYMENTS ON ACCOUNT OF REAL ESTATE TAXES. (a) For the purposes of this Article, the term "Tax Year" shall mean each twelve-month period commencing on the July 1 immediately preceding the Commencement Date and each twelve-month period thereafter commencing during the Term of this Lease; and the term "Taxes" shall mean all real estate taxes, special assessments and betterment assessments assessed with respect to the Property for any Tax Year. (b) In the event that Taxes during any Tax Year Year, Taxes shall exceed be greater than Base Taxes, Tenant shall pay to Landlord, as Additional Rentan Escalation Charge, an amount equal to (i) the excess of Taxes over Base Taxes for such each Tax Year over Base Taxes(or partial Tax Year) falling within the Term of this Lease, multiplied by (ii) Tenant’s Proportionate Sharethe Escalation Factor, such amount to be apportioned for any portion fraction of a Tax Year in which the Term Commencement Date falls or the Term expiresof this Lease ends. (bc) Estimated payments by Tenant for Tenant’s Proportionate Share on account of Taxes shall be made on monthly and at the first day of each time and every calendar month during the Term of this Lease, in the fashion herein provided for the payment of Basic Rent. Tenant’s The monthly estimated payment for Tenant’s Proportionate Share of Taxes amount so to be paid to Landlord shall be sufficient to provide Landlord with by the time real estate tax payments are due a sum equal to 1/12 of Tenant’s 's required payment for Tenant’s Proportionate Share payments, as estimated by Landlord from time to time, on account of Taxes for the then current Tax Year, as reasonably estimated . Promptly after receipt by Landlord from time to time. Once annuallyof bills for such Taxes, Landlord shall advise Tenant in writing of the amount of the tax bills for the prior Tax Year thereof and the computation of Tenant’s required 's payment for Tenant’s Proportionate Share of Taxes, and provide Tenant with copies of the relevant tax bills, which Landlord shall use commercially reasonable efforts to provide to Tenant within one hundred twenty (120) days following the expiration of each such Tax Yearon account thereof. If estimated payments for Taxes theretofore made by Tenant for the Tax Year covered by such bills exceed the required payment for Tenant’s Proportionate Share of Taxes payments on account thereof for such Tax Year, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant for Tenant’s Proportionate Share on account of Taxes (or promptly refund such overpayment if requested by Tenant, or if the Term of this Lease has ended and Tenant has no further obligation to Landlord); but if the required payments for Tenant’s Proportionate Share of Taxes on account thereof for such Tax Year are greater than estimated payments for Tenant’s Proportionate Share of Taxes theretofore made on account thereof for such Tax Year, Tenant shall pay the difference make payment to Landlord as Additional Rent within thirty (30) 30 days after being so advised by Landlord. Landlord in writing, shall have the same rights and remedies for the obligation non-payment by Tenant of any payments due on account of Taxes as Landlord has hereunder for the failure of Tenant to make such payment for any period within the Term pay Basic Rent. The obligations of Tenant pursuant to this Article VIII shall survive expiration or earlier termination of the TermTerm of this Lease.

PAYMENTS ON ACCOUNT OF REAL ESTATE TAXES. (ai) In Commencing on the event that Taxes during any Tax Year shall exceed Base TaxesTerm Commencement Date, Tenant shall pay to Landlord, as Additional Rent, an amount equal to Tenant's Share of the amount of Taxes attributable to each Tax Year; provided, however, (1) the amount of the Taxes attributable to the Tax Years during which the Term commences or expires shall be prorated in proportion to the fraction of the total number of days in such Tax Year which fall within the Term; and (2) if the Commencement Dates for one or more floors of the Building occur on different dates, then, prior to the occurrence of the Commencement Date for the floor of the Building last delivered to Tenant, Tenant shall pay only such portion of such amount of Taxes, as so prorated, as is proportionate to the total of the percentages of the Building attributable under Section 1.1 of this Lease to any floor or floors of the Building for which the Commencement Date has occurred from time to time. Landlord shall pay when due all Taxes to the taxing authorities; provided, however, if permitted by law in connection with any application for an abatement or other proceeding disputing any Taxes, Landlord may, while pursuing such abatement or proceeding, delay the payment of such Taxes past the date when such Taxes are due and payable, but only if, during such delay, (i) the excess of Taxes for such Tax Year over Base Taxesno interest or penalties accrue, multiplied by (ii) Tenant’s Proportionate Sharethe collection of such Taxes and the enforcement of any related lien on the Premises are stayed, and (iii) Landlord maintains reserves adequate to pay such Taxes in the event such application or proceeding prove unsuccessful. If Landlord fails to pay any Taxes when due and Landlord is not permitted to delay the payment of such Taxes under the terms and conditions of the immediately preceding sentence, Tenant shall have the right, but not the obligation, upon prior written notice to Landlord to pay such Taxes directly to the taxing authority on Landlord's behalf. Tenant shall receive a credit against subsequent obligations of Tenant on account of Rent due under this Lease in the amount of such Taxes paid by Tenant and credited to be apportioned for any portion of a Tax Year in which Landlord's account with the Term Commencement Date falls or the Term expirestaxing authority, and Landlord shall not thereafter seek to recover from Tenant Taxes so paid and credited. (bii) Estimated payments by Tenant for Tenant’s Proportionate Share on account of Taxes shall be made on the first day of each and every calendar month during the Term of this Lease, in the fashion herein provided for the payment of Basic Rent. Tenant’s , in equal monthly estimated payment for Tenant’s Proportionate Share of Taxes amounts which shall be sufficient to provide Landlord by the time payments of Taxes are due to the taxing authority, with a sum equal to 1/12 the portion of Tenant’s such payment required payment for Tenant’s Proportionate Share of Taxes for the then current Tax Yearto be paid by Tenant under this Section 9.1, as reasonably estimated by Landlord by written notice to Tenant from time to time. Once annuallytime based on the most recent bills from the taxing authorities. (iii) The process hereafter described in this Subsection (iii) is referred to herein as the "Annual Reconciliation for Taxes." Within one hundred twenty (120) days after receiving the final tax bills for each Tax Year, Landlord shall advise Tenant in writing of the amount of the tax bills Taxes for the prior Tax Year and the computation of Tenant’s required payment for Tenant’s Proportionate Share of Taxes, and provide Tenant with copies of the relevant tax bills, which Landlord shall use commercially reasonable efforts to provide to Tenant within one hundred twenty (120) days following the expiration of each such Tax Year. If estimated payments for Taxes theretofore made by Tenant for the Tax Year covered by such bills exceed the required payment for Tenant’s Proportionate Share of Taxes on account thereof for such Tax Year, Landlord then there shall credit the amount of overpayment against subsequent obligations of Tenant for Tenant’s Proportionate Share of Taxes (or promptly refund such overpayment if requested by Tenant, or be a Reconciliation Adjustment if the Term of this Lease has ended and Tenant has no further obligation to Landlord)requirements set forth in Section 9.3 are satisfied; but if the required payments for Tenant’s Proportionate Share of Taxes on account thereof for such Tax Year are greater than estimated payments for Tenant’s Proportionate Share of Taxes theretofore made on account thereof for such Tax Year, Tenant shall pay the difference to Landlord as Additional Rent within thirty (30) days after being so advised by Landlord in writing, and the obligation to make such payment for any period within the Term shall survive expiration or earlier termination of the Term.