Personal Property, Gross Receipts, Leasing Taxes. This Section and Section 14.01 above are intended to deal with impositions or taxes directly attributed to Tenant or this transaction, as distinct from taxes attributable to the Shopping Center of which Tenant is obligated to pay Tenant’s Proportionate Share. In addition to the Fixed Minimum Rent and Additional Rent to be paid by Tenant hereunder, Tenant shall pay reimburse Landlord upon demand for any and all taxes required to be paid by Landlord (excluding state, local or federal individual and corporate income taxes measured by the income of Landlord from all sources, and estate and inheritance taxes) whether or not now customary or within the contemplation of the parties hereto: 1. Upon, measured by, or reasonably attributable to the cost or value of Tenant’s equipment, furniture, fixtures and other personal property located in the Premises or identified separately by the taxing authority as attributable to the cost or value of any leasehold improvements made in or to the Premises by or for Tenant, regardless of whether title to such improvements shall be in Tenant or Landlord; 2. Upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof to the extent such taxes are not included as Real Estate Tax Expense, as defined in this Lease; and 3. Upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises. In the event that it shall not be lawful for Tenant so to reimburse Landlord, the Fixed Minimum Rent payable to Landlord under this Lease shall be increased to net Landlord (i.e., after payment of the Taxes for which Landlord may not receive reimbursement from Tenant) the amount of Fixed Minimum Rent plus reimbursement for Taxes that would have been receivable by Landlord if such tax had not been imposed. All taxes payable by Tenant under this Section shall be deemed to be, and shall be paid as, Additional Rent.
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Samples: Lease Agreement (FBC Holding, Inc.)
Personal Property, Gross Receipts, Leasing Taxes. This Section and Section 14.01 above are 8.1 is intended to deal with impositions or taxes directly attributed to Tenant Lessee or this transaction, as distinct from taxes attributable to the Shopping Center of Complex which Tenant is obligated are to pay Tenant’s Proportionate Sharebe allocated among various tenants and others and which are included in Operating Costs. In addition to the Fixed Minimum Monthly Rent and Additional Rent additional charges to be paid by Tenant Lessee hereunder, Tenant Lessee shall pay reimburse Landlord Lessor upon demand for any and all taxes required to be paid by Landlord Lessor (excluding state, local or federal individual personal and corporate income taxes measured by the income of Landlord Lessor from all sources, and estate and inheritance taxes) whether or not now customary or within the contemplation of the parties hereto:
1. Upon(a) upon, measured by, or reasonably attributable to the cost or value of Tenant’s Lessee's equipment, furniture, fixtures and other personal property located in the Leased Premises or identified separately by the taxing authority as attributable to the cost or value of any leasehold improvements Leasehold Improvements made in or to the Leased Premises by or for TenantLessee, other than Building Standard Work, regardless of whether title to such improvements shall be in Tenant Lessee or LandlordLessor;
2. Upon (b) upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant Lessee of the Leased Premises or any portion thereof to the extent such taxes are not included as Real Estate Tax Expense, Taxes as defined in this Lease; section 2.1(m) and:
3. Upon (c) upon this transaction or any document to which Tenant Lessee is a party creating or transferring an interest or an estate in the Leased Premises. In the event that it shall not be lawful for Tenant Lessee so to reimburse LandlordLessor, the Fixed Minimum Monthly Rent payable to Landlord Lessor under this Lease shall be increased to net Landlord Lessor (i.e., i.e. after payment of the Taxes for which Landlord Lessor may not receive reimbursement from TenantLessee) the amount of Fixed Minimum Monthly Rent plus reimbursement for Taxes that which would have been receivable by Landlord Lessor if such tax had not been imposed. All taxes payable by Tenant Lessee under this Section shall be deemed to be, and end shall be paid as, Additional additional Rent.
Appears in 1 contract
Personal Property, Gross Receipts, Leasing Taxes. This Section and Section 14.01 above are 8.1 is intended to deal with impositions or taxes directly attributed to Tenant Lessee or this transaction, as distinct from taxes attributable to the Shopping Center of Complex which Tenant is obligated are to pay Tenant’s Proportionate Sharebe allocated among various lessees and others and which are included in Operating Costs. In addition to the Fixed Minimum Rent and Additional Rent additional charges to be paid by Tenant Lessee hereunder, Tenant Lessee shall pay reimburse Landlord Lessor upon demand for any and all taxes required to be paid by Landlord Lessor (excluding state, local or federal individual personal and corporate income taxes measured by the income of Landlord Lessor from all sources, and estate and inheritance taxes) whether or not now customary or within the contemplation of the parties hereto:
1. (a) Upon, measured by, or reasonably attributable to the cost or value of Tenant’s Lessee's equipment, furniture, fixtures and other personal property located in the Leased Premises or identified separately by the taxing authority as attributable to the cost or value of any leasehold improvements Tenant Improvements made in or to the Leased Premises by or for TenantLessee, regardless of whether title to such improvements shall be in Tenant Lessee or LandlordLessor;
2. (b) Upon or with respect to the possession, leasing, operation, management, maintenance, alterationAlteration, repair, use or occupancy by Tenant Lessee of the Leased Premises or any portion thereof to the extent such taxes are not included as Real Estate Tax Expense, Taxes as defined in this Lease; andSection 2. 1;
3. (c) Upon this transaction or any document to which Tenant Lessee is a party creating or transferring an interest or an estate in the Leased Premises; and
(d) In connection with any testing, investigation, abatement, remediation, removal, transportation and/or disposal of any Hazardous Materials by Lessee (or by Lessor, pursuant to any provision of this Lease granting to Lessor the right to do any of the foregoing and to bxxx Lessee therefor). For purposes of this Section 8.1, the term "taxes" shall include, but not be limited to, any fees, charges, fines, penalties and costs (including, without limitation, permit, approval or licensing fees, charges or costs), excepting interest and penalties for failure of Landlord to pay Taxes in a timely manner. In the event that it shall not be lawful for Tenant Lessee so to reimburse LandlordLessor, the Fixed Minimum Rent payable to Landlord Lessor under this Lease shall be increased to net Landlord Lessor (i.e., after payment of the Taxes for which Landlord Lessor may not receive reimbursement from TenantLessee) the amount of Fixed Minimum Rent plus reimbursement for Taxes that which would have been receivable by Landlord Lessor if such tax had not been imposed. All taxes Taxes payable by Tenant Lessee under this Section shall be deemed to be, and shall be paid as, Additional additional Rent.
Appears in 1 contract
Personal Property, Gross Receipts, Leasing Taxes. This Section and Section 14.01 above are 8.1 is intended to deal with impositions or taxes directly attributed to Tenant Lessee or this transaction, as distinct from taxes Real Property Taxes attributable to the Shopping Center of Complex which Tenant is obligated are to pay Tenant’s Proportionate Sharebe allocated among various tenants and others and which are included in Operating Costs. In addition to the Fixed Minimum Rent and Additional Rent additional charges to be paid by Tenant Lessee hereunder, Tenant Xxxxxx shall pay reimburse Landlord Lessor upon demand for any and all taxes required to be paid by Landlord Lessor (excluding state, local or federal individual personal and corporate income taxes measured by the income of Landlord Lessor from all sources, and estate and inheritance taxes) whether or not now customary or within the contemplation of the parties hereto:
1. (a) Upon, measured by, or reasonably attributable to the cost or value of TenantLessee’s equipment, furniture, fixtures and other personal property located in the Leased Premises or identified separately by the taxing authority as attributable to the cost or value of any leasehold improvements Tenant Improvements made in or to the Leased Premises by or for TenantLessee, other than Building Standard Work, regardless of whether title to such improvements shall be in Tenant Lessee or LandlordLessor;
2. (b) Upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant Lessee of the Leased Premises or any portion thereof to the extent such taxes are not included as Real Estate Tax Expense, Taxes as defined in this Lease; andSection 2.1(n);
3. (c) Upon this transaction or any document to which Tenant Lessee is a party creating or transferring an interest or an estate in the Leased Premises; and
(d) In connection with any testing, investigation, abatement, remediation, removal, transportation and/or disposal of any Hazardous Materials by Lessee, its employees, agents representatives, contractors, invitees, subtenants and/or assigns (or by Lessor, pursuant to any provision of this Lease granting to Lessor the right to do any of the foregoing on behalf of Lessee and to bill Lessee therefor). For purposes of this Section 8.1, the term “taxes” shall include, but not be limited to, any fees, charges, fines, penalties and costs (including, without limitation, permit, approval or licensing fees, charges or costs). In the event that it shall not be lawful for Tenant Lessee so to reimburse LandlordLessor for any Real Property Taxes or any other taxes specified in this Section 8.1, the Fixed Minimum Rent payable to Landlord Lessor under this Lease shall be increased to net Landlord Lessor (i.e., after payment of the Real Property Taxes or other taxes for which Landlord Lessor may not receive reimbursement from TenantLessee) the amount of Fixed Minimum Rent plus reimbursement for Real Property Taxes that or other taxes which would have been receivable by Landlord Lessor if such tax Real Property Taxes or other taxes had not been imposedreimbursed to Lessor by Xxxxxx as contemplated herein. All Real Property Taxes or other taxes payable by Tenant Lessee under this Section shall be deemed to be, and shall be paid as, Additional additional Rent.
Appears in 1 contract
Samples: Net Office Lease (Itex Corp)
Personal Property, Gross Receipts, Leasing Taxes. This Section and Section 14.01 above are 7.1 is intended to deal with impositions or taxes directly attributed to Tenant Lessee or this transaction, as distinct from taxes attributable to the Shopping Center of Complex which Tenant is obligated are to pay Tenant’s Proportionate Sharebe allocated among various lessees and others and which are included in Operating Costs. In addition to the Fixed Minimum Rent and Additional Rent additional charges to be paid by Tenant Lessee hereunder, Tenant Lessee shall pay reimburse Landlord Lessor upon demand for any and all taxes required to be paid by Landlord Lessor (excluding state, local or federal individual personal and corporate income taxes measured by the income of Landlord Lessor from all sources, and estate and inheritance taxes) whether or not now customary or within the contemplation of the parties hereto:
1. (a) Upon, measured by, or reasonably attributable to the cost or value of Tenant’s Lessee's equipment, furniture, fixtures and other personal property located in the Leased Premises or identified separately by the taxing authority as attributable to the cost or value of any leasehold improvements Lessee Improvements made in or to the Leased Premises by or for TenantLessee, regardless of whether title to such improvements shall be in Tenant Lessee or LandlordLessor;
2. (b) Upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant Lessee of the Leased Premises or any portion thereof to the extent such taxes are not included as Real Estate Tax Expense, Taxes as defined in this Lease; andArticle 2;
3. (c) Upon this transaction or any document to which Tenant Lessee is a party creating or transferring an interest or an estate in the Leased Premises; and
(d) In connection with any testing, investigation, abatement, remediation, removal, transportation and/or disposal of any Hazardous Materials by Lessee (or by Lessor, pursuant to any provision of this Lease granting to Lessor the right to do any of the foregoing and to xxxx Lessee therefor). For purposes of this Section 7.1, the term "taxes" shall include, but not be limited to, any fees, charges, fines, penalties and costs (including, without limitation, permit, approval or licensing fees, charges or costs). In the event that it shall not be lawful for Tenant Lessee so to reimburse LandlordLessor, the Fixed Minimum Rent payable to Landlord Lessor under this Lease shall be increased to net Landlord Lessor (i.e., after payment of the Taxes for which Landlord Lessor may not receive reimbursement from TenantLessee) the amount of Fixed Minimum Rent plus reimbursement for Taxes that which would have been receivable by Landlord Lessor if such tax had not been imposed. All taxes Taxes payable by Tenant Lessee under this Section shall be deemed to be, and shall be paid as, Additional additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Sputnik, Inc.)