Common use of Real Estate Tax Clause in Contracts

Real Estate Tax. (a) The term "Taxes" shall mean all taxes and assessments (including without limitation, assessments for public improvements or benefits and water and sewer use charges), and other charges or fees in the nature of taxes for municipal services which at any time during or in respect of the Lease Term may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon, the Building and the Lot, or any part thereof, or any rent therefrom or any estate, right, or interest therein, or any occupancy, use, or possession of such property or any part thereof, and ad valorem taxes for any personal property used in connection with the Building or Lot. Without limiting the foregoing, Taxes shall also include any payments made by Landlord in lieu of taxes. The Landlord agrees that Xxxxxx's share of any special assessment shall be determined (whether or not Landlord avails itself of the privilege so to do) as if Landlord had elected to pay the same in installments over the longest period of time permitted by applicable law and Tenant shall be responsible only for those installments (including interest accruing and payable thereon) or parts of installment that are attributable to periods within the Lease Term. Should the Commonwealth of Massachusetts, or any political subdivision thereof, or any other governmental authority having jurisdiction over the Building, (1) impose a tax, assessment, charge or fee, which Landlord shall be required to pay, by way of substitution for or as a supplement to such Taxes, or (2) impose an income or franchise tax or a tax on rents in substitution for a tax levied against the Building or the Lot or any part thereof and/or the personal property used in connection with the Building or the Lot or any part thereof, all such taxes, assessments, fees or charges ("Substitute Taxes") shall be deemed to constitute Taxes hereunder. Taxes shall also include, in the year paid, all fees and costs incurred by Landlord in seeking to obtain a reduction of, or a limit on the increase in, any Taxes, regardless of whether any reduction or limitation is obtained. Notwithstanding anything herein to the contrary, Taxes shall not include any federal, state or local income, inheritance, estate, succession, conveyance, transfer, gift, franchise, net income or capital stock tax nor any interest and penalties assessed by reason of Landlord’s failure to pay such real estate taxes when due.

Appears in 2 contracts

Samples: Commercial Lease (IntraLinks Holdings, Inc.), Commercial Lease (IntraLinks Holdings, Inc.)

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Real Estate Tax. (a) The term "Taxes" “ Taxes ” shall mean all taxes and assessments (including without limitation, assessments for public improvements or benefits and water and sewer use charges), benefits) and other charges or fees in the nature of taxes for municipal services which at any time during or in respect of the Lease Term may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon, the Building and the Lot, or any part thereof, or any rent therefrom or any estate, right, or interest therein, or any occupancy, use, or possession of such property or any part thereof, and ad valorem taxes for any personal property used in connection with the Building or Lot. Without limiting the foregoing, Taxes shall also not include any payments made by penalties incurred as a result of Landlord’s non-payment of Taxes or to file any tax or information returns when due. Landlord in lieu of taxes. The Landlord agrees represents that Xxxxxx's share of the Building and the Lot are fully-assessed, and are not subject to any Tax abatements or exemptions or special assessment shall be determined (whether or not Landlord avails itself of the privilege so to do) as if Landlord had elected to pay the same in installments over the longest period of time permitted by applicable law and Tenant shall be responsible only for those installments (including interest accruing and payable thereon) or parts of installment that are attributable to periods within the Lease Termassessments. Should the Commonwealth of Massachusetts, or any political subdivision thereof, or any other governmental authority having jurisdiction over the Building, (1) impose a tax, assessment, charge or fee, which Landlord shall be required to pay, by way of substitution for or as a supplement to such Taxes, or (2) impose an income or franchise tax or a tax on rents in substitution for or as a supplement to a tax levied against the Building or the Lot or any part thereof and/or the personal property used in connection with the Building or the Lot or any part thereof, all such taxes, assessments, fees or charges ("Substitute Taxes"Taxes ”) shall be deemed to constitute Taxes hereunder, but any such Substitute Taxes shall be computed as if the Building and Land were the only property of Landlord and the rents received by Landlord were the only income of Landlord. Taxes shall also include, in the year paid, all reasonable fees and costs incurred by Landlord in seeking to obtain a reduction of, or a limit on the increase in, any Taxes, regardless of whether any reduction or limitation is obtained. Notwithstanding anything herein Tenant shall receive a proportionate credit for any such net tax abatements that Landlord receives during the Term, based on Tenant’s Base Tax Year and previous payments. Except as hereinabove provided with regard to the contrarySubstitute Taxes, Taxes shall not include any federalinheritance, state or local income, inheritanceexcise, estate, succession, conveyance, transfer, gift, franchise, net income or capital stock tax nor any interest and penalties assessed by reason of Landlord’s failure to pay such real estate taxes when duetax.

Appears in 1 contract

Samples: Office Lease Agreement (Mannkind Corp)

Real Estate Tax. (a) The term "Taxes" shall mean all taxes and assessments (including without limitation, assessments for public improvements or benefits and water and sewer use charges), and other charges or fees in the nature of taxes for municipal services which at any time during or in respect of the Lease Term may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon, the Building and the Lot, or any part thereof, or any rent therefrom or any estate, right, or interest therein, or any occupancy, use, or possession of such property or any part thereof, and ad valorem taxes for any personal property used in connection with the Building or Lot. Without limiting the foregoing, Taxes shall also include any payments made by Landlord in lieu of taxes. The Landlord agrees that Xxxxxx's share of any special assessment shall be determined (whether or not Landlord avails itself of the privilege so to do) as if Landlord had elected to pay the same in installments over the longest period of time permitted by applicable law and Tenant shall be responsible only for those installments (including interest accruing and payable thereon) or parts of installment that are attributable to periods within the Lease Term. Should the Commonwealth of MassachusettsSTATE OF NEW HAMPSHIRE, or any political subdivision thereof, or any other governmental authority having jurisdiction over the Building, (1) impose a tax, assessment, charge or fee, which Landlord shall be required to pay, by way of substitution for or as a supplement to such Taxes, or (2) impose an income or franchise tax or a tax on rents in substitution for or as a supplement to a tax levied against the Building or the Lot or any part thereof and/or the personal property used in connection with the Building or the Lot or any part thereof, all such taxes, assessments, fees or charges ("Substitute Taxes") shall be deemed to constitute Taxes hereunder. Taxes shall also include, in the year paid, all fees and costs incurred by Landlord in seeking to obtain a reduction of, or a limit on the increase in, any Taxes, regardless of whether any BUT ONLY TO THE EXTENT OF reduction or limitation is ACTUALLY obtained. Notwithstanding anything herein Except as hereinabove provided with regard to the contrarySubstitute Taxes, Taxes shall not include any federal, state or local income, inheritance, estate, succession, conveyance, transfer, gift, franchise, net income or capital stock tax nor any interest and penalties assessed by reason of Landlord’s failure to pay such real estate taxes when duetax.

Appears in 1 contract

Samples: Commercial Lease (Puma Technology Inc)

Real Estate Tax. (a) The term "Taxes" shall mean all taxes and assessments (including without limitation, assessments for public improvements or benefits and water and sewer use charges), and other charges or fees in the nature of taxes for municipal services which at any time during or in respect of the Lease Term may be assessed, levied, confirmed or imposed by any governmental entity or municipal authority on or in respect of, or be a lien upon, the Building and the LotPremises, or any part thereof, or any rent therefrom or any estate, right, or interest therein, or any occupancy, use, or possession of such property or any part thereof, and ad valorem taxes for any personal property used exclusively in connection with the Building or LotPremises. Without limiting the foregoing, Taxes shall also include any payments made by Landlord in lieu of taxes. The Landlord agrees that Xxxxxx's share of any special assessment shall be determined (whether or not Landlord avails itself of the privilege so to do) as if Landlord had elected to pay the same in installments over the longest period of time permitted by applicable law and Tenant shall be responsible only for those installments (including interest accruing and payable thereon) or parts of installment that are attributable to periods within the Lease TermTaxes. Should the Commonwealth of Massachusetts, or any political subdivision thereof, or any other governmental authority having jurisdiction over the BuildingPremises, (1) impose a tax, assessment, charge or fee, which Landlord shall be required to pay, by way of substitution for or as a supplement to such Taxes, or (2) impose an income or franchise tax or a tax on rents in substitution for or as a supplement to a tax levied against the Building or the Lot Premises or any part thereof and/or the personal property used exclusively in connection with the Building or the Lot Premises or any part thereof, all such taxes, assessments, fees or charges ("Substitute Taxes") shall be deemed to constitute Taxes hereunder. Taxes shall also include, in the year paid, all reasonable fees and costs incurred by Landlord with the knowledge and consent of Tenant, not to be unreasonably withheld, in seeking to obtain a reduction of, or a limit on the increase in, any Taxes, regardless of whether any reduction or limitation is obtained, provided that Tenant receives any savings that may be awarded as a result of any such contest. Notwithstanding anything herein Except as hereinabove provided with regard to the contrarySubstitute Taxes, Taxes shall not include any federal, state or local income, inheritance, estate, succession, conveyance, transfer, gift, franchise, net income or capital stock tax nor any interest and penalties assessed by reason of Landlord’s failure to pay such real estate taxes when duetax.

Appears in 1 contract

Samples: Lease Agreement (Dynasil Corp of America)

Real Estate Tax. (a) The term "Taxes" shall mean all taxes and assessments (including without limitation, assessments for public improvements or benefits and water and sewer use charges), benefits) and other charges or fees in the nature of taxes for municipal services which at any time during or in respect of the Lease Term may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon, the Building and the Lot, or any part thereof, or any rent therefrom or any estate, right, or interest therein, or any occupancy, use, or possession of such property or any part thereof, and ad valorem taxes for any personal property used in connection with the Building or Lot. Without limiting the foregoing, Taxes shall also not include any payments made by penalties incurred as a result of Landlord’s non-payment of Taxes or to file any tax or information returns when due. Landlord in lieu of taxes. The Landlord agrees represents that Xxxxxx's share of the Building and the Lot are fully-assessed, and are not subject to any Tax abatements or exemptions or special assessment shall be determined (whether or not Landlord avails itself of the privilege so to do) as if Landlord had elected to pay the same in installments over the longest period of time permitted by applicable law and Tenant shall be responsible only for those installments (including interest accruing and payable thereon) or parts of installment that are attributable to periods within the Lease Termassessments. Should the Commonwealth of Massachusetts, or any political subdivision thereof, or any other governmental authority having jurisdiction over the Building, (1) impose a tax, assessment, charge or fee, which Landlord shall be required to pay, by way of substitution for or as a supplement to such Taxes, or (2) impose an income or franchise tax or a tax on rents in substitution for or as a supplement to a tax levied against the Building or the Lot or any part thereof and/or the personal property used in connection with the Building or the Lot or any part thereof, all such taxes, assessments, fees or charges ("Substitute Taxes") shall be deemed to constitute Taxes hereunder, but any such Substitute Taxes shall be computed as if the Building and Land were the only property of Landlord and the rents received by Landlord were the only income of Landlord. Taxes shall also include, in the year paid, all reasonable fees and costs incurred by Landlord in seeking to obtain a reduction of, or a limit on the increase in, any Taxes, regardless of whether any reduction or limitation is obtained. Notwithstanding anything herein Tenant shall receive a proportionate credit for any such net tax abatements that Landlord receives during the Term, based on Tenant’s Base Tax Year and previous payments. Except as hereinabove provided with regard to the contrarySubstitute Taxes, Taxes shall not include any federalinheritance, state or local income, inheritanceexcise, estate, succession, conveyance, transfer, gift, franchise, net income or capital stock tax nor any interest and penalties assessed by reason of Landlord’s failure to pay such real estate taxes when duetax.

Appears in 1 contract

Samples: Office Lease Agreement (Valeritas Holdings Inc.)

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Real Estate Tax. (a) The term "Taxes" shall mean all taxes and assessments (including without limitation, assessments for public improvements or benefits and water and sewer use charges), and other charges or fees in the nature of taxes for municipal services which at any time during or in respect of the Lease Term may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon, the Building and the Lot, or any part thereof, or any rent therefrom or any estate, right, or interest therein, or any occupancy, use, or possession of such property or any part thereof, and ad valorem taxes for any personal property used in connection with the Building or Lot. Without limiting the foregoing, Taxes shall also include any payments made by Landlord in lieu of taxes. The Landlord agrees that Xxxxxx's Tenant’s share of any special assessment shall be determined (whether or not Landlord avails itself of the privilege so to do) as if Landlord had elected to pay the same in installments over the longest period of time permitted by applicable law and Tenant shall be responsible only for those installments (including interest accruing and payable thereon) or parts of installment that are attributable to periods within the Lease Term. Should the Commonwealth of Massachusetts, or any political subdivision thereof, or any other governmental authority having jurisdiction over the Building, (1) impose a tax, assessment, charge or fee, which Landlord shall be required to pay, by way of substitution for or as a supplement to such Taxes, or (2) impose an income or franchise tax or a tax on rents in substitution for or as a supplement to a tax levied against the Building or the Lot or any part thereof and/or the personal property used in connection with the Building or the Lot or any part thereof, all such taxes, assessments, fees or charges ("Substitute Taxes") shall be deemed to constitute Taxes hereunder. Taxes shall also include, in the year paid, all fees and costs incurred by Landlord in seeking to obtain a reduction of, or a limit on the increase in, any Taxes, regardless of whether any reduction or limitation is obtained. Notwithstanding anything herein Except as hereinabove provided with regard to the contrarySubstitute Taxes, Taxes shall not include any federal, state or local income, inheritance, estate, succession, conveyance, transfer, gift, franchise, net income or capital stock tax nor any interest and penalties assessed by reason of Landlord’s failure to pay such real estate taxes when duetax.

Appears in 1 contract

Samples: Lease (Metabolix, Inc.)

Real Estate Tax. (a) The term "Taxes" shall mean all taxes and assessments (including without limitation, assessments for public improvements or benefits and water and sewer use charges), and other charges or fees in the nature of taxes for municipal services which at any time during or in respect of the Lease Term may be assessed, levied, confirmed or imposed on or in respect of, or be a lien upon, the Building and the Lot, or any part thereof, or any rent therefrom or any estate, right, or interest therein, or any occupancy, use, or possession of such property or any part thereof, and ad valorem taxes for any personal property used in connection with the Building or Lot. Without limiting the foregoing, Taxes shall also include any payments made by Landlord in lieu of taxes (but only to the extent of the amount actually paid by Landlord). However, Xxxxxx shall not be required hereunder to pay any franchise, income, corporate, profit, estate, inheritance, succession, gift, transfer, mortgage, recording or other taxes, that are, or may be, imposed upon Landlord, the Premises, or any revenue derived therefrom. The Landlord agrees that Xxxxxx's ’s share of any special assessment shall be determined (whether or not Landlord avails itself of the privilege so to do) as if Landlord had elected to pay the same in installments over the longest period of time permitted by applicable law and Tenant shall be responsible only for those installments (including interest accruing and payable thereon) or parts of installment that are attributable to periods within the Lease Term. Should the Commonwealth State of MassachusettsNew Hampshire, or any political subdivision thereof, or any other governmental authority having jurisdiction over the Building, (1) impose a tax, assessment, charge or fee, which Landlord shall be required to pay, by way of substitution for or as a supplement to such Taxes, or (2) impose an income or franchise tax or a tax on rents in substitution for or as a supplement to a tax levied against the Building or the Lot or any part thereof and/or the personal property used in connection with the Building or the Lot or any part thereof, all such taxes, assessments, fees or charges ("Substitute Taxes") shall be deemed to constitute Taxes hereunder. Taxes shall also include, in the year paid, all reasonable fees and costs incurred by Landlord in seeking to obtain a reduction of, or a limit on the increase in, any Taxes, regardless of whether any reduction or limitation is obtained. Notwithstanding anything herein Except as hereinabove provided with regard to the contrarySubstitute Taxes, Taxes shall not include any federal, state or local income, inheritance, estate, succession, conveyance, transfer, gift, franchise, net income or capital stock tax nor any interest and penalties assessed by reason of Landlord’s failure to pay such real estate taxes when duetax.

Appears in 1 contract

Samples: Lease Agreement (Icad Inc)

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