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Real Estate Taxes and Operating Costs Sample Clauses

Real Estate Taxes and Operating Costs. (a) Tenant shall pay to the Landlord as Additional Rent both a pro rata portion of the “Real Estate Taxes”, as said term is hereinafter defined, and a portion of the Operating Costs as said term is hereinafter defined. In determining the Tenant’s share of any such Additional Rent, such amount shall be a fraction, the numerator of which shall be the area of the Leased Premises and the denominator of which shall be the total rentable space in the Building. For purposes of this Lease, and unless and until there is physical change in the size of the Leased Premises and/or the rentable space in the Building, the Tenant’s proportional share shall be deemed to be 22% +/- (“Tenants Proportional Share”). Tenant accepts the figures used by the Landlord for the area of the Leased Premises, the total rentable space in the Building, and Tenant’s proportional share, and waives any right to dispute these figures in the future.
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Real Estate Taxes and Operating Costs. For each calendar year after the Base Year, Tenant shall pay to Landlord Tenant’s Share of the amount (if any) by which the Real Estate Taxes (as defined below) for such calendar year exceed the Real Estate Taxes for the Base Year. In addition, for each calendar year after the Base Year, Tenant shall pay to Landlord Txxxxx’s Share of the amount (if any) by which the Operating Costs (as defined below) for such calendar year exceed the Operating Costs for the Base Year. If taxes for any calendar year after the Base Year are less than the Real Estate Taxes for the Base Year, Tenant shall not receive any refunds or payments from Landlord or be entitled to any reductions of any other amounts due from Tenant under this Lease (including, without limitation, any reduction of any Operating Costs contribution due from Tenant). Likewise, if Operating Costs for any calendar year after the Base Year are less than the Operating Costs for the Base Year, Tenant shall not receive any refunds or payments from Landlord or be entitled to any reductions of any other amounts due from Tenant under this Lease (including, without limitation, any reduction of any Real Estate Taxes contribution due from Tenant).
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Real Estate Taxes and Operating Costs. (a) Tenant shall pay to the Landlord as Additional Rent both a pro rata portion of the "Real Estate Taxes", as said term is hereinafter defined, and a portion of the Operating Costs as said term is hereinafter defined. For purposes of this Lease, and unless and until there is physical change in the size of the Leased Premises and/or the rentable space in the Building, the Tenant's proportional share shall be deemed to be N/A ("Tenants Proportional Share"). (b) Real Estate Taxes
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Real Estate Taxes and Operating Costs. 5.1 An integral part of Landlord's leasing program for the Building involves the requirement that tenants bear the administrative, operating and maintenance costs and expenses incurred each calendar year in the ownership and the operation of the Building.
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Real Estate Taxes and Operating Costs. Sublessee agrees to pay Sublessor, as Additional Rent under this Sublease, Sublessee's pro rata share, of (i) the amount by which the actual real estate taxes for the applicable fiscal year exceed the real estate taxes for the base year and (ii) the amount by which the operating expenses for the applicable operating year exceed the operating expenses for the base year. The base year shall be fiscal year 1997 for purposes of computing any increase in real estate taxes and calendar year 1997 for purposes of computing any increase in operating expenses. Sublessee's pro rata share shall equal the square footage of the Sublet Premises divided by the aggregate of all the rentable square footage (whether or not rented or improved) within the building. Sublessee shall be responsible for paying all utility charges in respect of the Sublet Premises, including without limitation any charges for electricity related to the Sublet Premises. Sublessee shall also pay to Sublessor, as Additional Rent, all charges for any additional services requested by and provided to Sublessee, including, without limitation, charges and fees for after-hours heating and air-conditioning services pursuant to Section 12 of the Lease, or as may otherwise be agreed between Sublessee and Landlord. Any Additional Rent which may be payable to Sublessor shall be apportioned during the year in which the term of this Sublease commences and during the year in which such term shall end, such that Sublessee shall be obligated to pay a proportionate share of such Additional Rent which is attributable to the number of days of their term hereof which are included in the period for which such Additional Rent is payable by Sublessor under the Lease. Sublessee shall pay Additional Rent within thirty (30) days of receipt of this statement. Sublessee's obligations to pay Additional Rent shall survive the termination of this Sublease.
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Real Estate Taxes and Operating Costs. (a) Tenant will pay to the Landlord as Additional Rent, a portion of the Real Estate Taxes and a portion of the Operating Costs, both of which are to be determined as follows: (b) (i) “Real Estate Taxes” will mean and include all general and special taxes, assessments, duties and levies, charged and levied upon or assessed against the Building, the Real Property, any improvements situated on the Real Property, whether owned by Landlord or Tenant, not paid directly by the Tenant. Further, if at any time during the Term of this Lease the method of taxation of real estate prevailing at the time of execution hereof will be, or has been, altered so as to cause the whole or any part of the taxes now or hereafter levied, assessed or imposed upon real estate to be levied, assessed or imposed upon Landlord, wholly or partially, as a capital levy or otherwise, or on or measured by the rents received therefrom then such new or altered taxes attributable to the Leased Premises will be deemed to be included within the term Real Estate Taxes for purposes of this Section, save and except that such will not be deemed to include any increase in said tax not attributable to the Building.
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Real Estate Taxes and Operating Costs. (a) Tenant shall pay to the Landlord as Additional Rent both a pro rata portion of the "Real Estate Taxes", as said term is hereinafter defined, and a portion of the Operating Costs as said term is hereinafter defined. In determining the Tenant's share of any such Additional Rent, such amount shall be a fraction, the numerator of which shall be the area of the Leased Premises and the denominator of
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Real Estate Taxes and Operating Costs 
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Related to Real Estate Taxes and Operating Costs

  • Real Estate Taxes Borrower shall pay and discharge, and shall cause its Subsidiaries to pay and discharge, as and when due and payable, before any penalty attaches, all charges, impositions, levies, assessments and taxes (whether general, special or otherwise), water charges, sewer service charges and all other municipal or governmental charges, impositions, levies, assessments and taxes of any kind or nature that may be at any time levied, assessed or imposed upon or against any real property owned in fee by any Subsidiary or in which any Subsidiary has a leasehold interest (but only to the extent Borrower or any Subsidiary is required to pay such taxes in accordance with the terms of the lease), and shall promptly deliver to Collateral Agent upon Collateral Agent’s request therefor, duplicate receipts evidencing payment thereof prior to delinquency. Notwithstanding anything to the contrary in the foregoing, Borrower may contest any tax imposed, assessed, levied or due with respect to or from said real property, by instituting and diligently and in good faith prosecuting by appropriate judicial proceedings the validity or amount of a tax, charge, imposition or assessment (said tax, charge, imposition or assessment being hereinafter referred to in this Section as “impositions”) if (i) the contest or decision relating thereto will not and cannot result in the forfeiture of said real property or the Subsidiary’s leasehold interest therein prior to or pending resolution of such contest and the invalidity, forfeiture, loss of priority or unenforceability of Collateral Agent’s mortgage lien on said real property or the Subsidiary’s leasehold interest therein will not and cannot result from such contest or failure to pay such impositions, (ii) no Event of Default shall exist hereunder, and (iii) prior to commencement and during the duration of such proceeding, Borrower shall maintain adequate reserves on account of the failure to pay such imposition and/or the contest of the amount and/or validity thereof in accordance with GAAP. Upon resolution of such contest, Borrower shall promptly pay the impositions then due. If, at any time during the continuance of the contest described in the preceding sentence, said real property or the Subsidiary’s leasehold interest therein is, in Collateral Agent’s reasonable determination, in imminent danger of being forfeited, lost or rendered invalid or unenforceable, then, in any of said events, Borrower shall, at Collateral Agent’s demand, use the aforesaid reserve to pay such impositions and if such reserve is insufficient to pay in full the required payment, Borrower promptly shall pay the amount of such insufficiency.

  • Rent and Operating Expenses Section 4.1 Basic Rent Section 4.2 Operating Expenses Section 4.3

  • Operating Costs Tenant shall pay to Landlord the Tenant’s Percentage of Operating Costs (as hereinafter defined) incurred by Landlord in any calendar year. Tenant shall remit to Landlord, on the first day of each calendar month, estimated payments on account of Operating Costs, such monthly amounts to be sufficient to provide Landlord, by the end of the calendar year, a sum equal to the Operating Costs, as reasonably estimated by Landlord from time to time. The initial monthly estimated payments shall be in an amount equal to 1/12th of the Initial Estimate of Tenant’s Percentage of Operating Costs for the Calendar Year. If, at the expiration of the year in respect of which monthly installments of Operating Costs shall have been made as aforesaid, the total of such monthly remittances is greater than the actual Operating Costs for such year, Landlord shall promptly pay to Tenant, or credit against the next accruing payments to be made by Tenant pursuant to this subsection 4.2.3, the difference; if the total of such remittances is less than the Operating Costs for such year, Tenant shall pay the difference to Landlord within twenty (20) days from the date Landlord shall furnish to Tenant an itemized statement of the Operating Costs, prepared, allocated and computed in accordance with generally accepted accounting principles. Any reimbursement for Operating Costs due and payable by Tenant with respect to periods of less than twelve (12) months shall be equitably prorated.

  • Real Estate Taxes and Assessments Subject to Section 4(c) below, Tenant shall pay all Real Estate Taxes (as hereinafter defined) levied, assessed, accruing, or imposed from and after the Commencement Date, which shall become due and payable during the Term with respect to the Property. If any such Real Estate Taxes may, at the option of the taxpayer, be paid in installments, Tenant may exercise the option to pay the same in installments; provided Tenant pays all costs and charges related to such installment payment method. All Real Estate Taxes that shall be assessed with respect to a taxable year or period beginning on or before and ending after the Commencement Date or beginning on or before and ending after the Termination Date shall be apportioned pro rata between Landlord and Tenant on a per diem basis in accordance with the respective number of days in such taxable year or period during which this Lease is in effect. “Real Estate Taxes” shall mean the ad valorem real estate taxes levied against the Property (and the improvements and fixtures located thereon), betterment assessments, special benefit taxes and special assessments levied or imposed against the Property, taxes levied or assessed on gross rentals payable by Tenant to the extent charged, assessed or imposed upon tenants in general which are based upon the rents payable under this Lease, any impact fees levied or assessed, whether or not billed by the taxing authority as a special benefit tax or a special assessment, all taxes levied or assessed on the Property that are in addition to or in lieu of taxes that are currently so assessed, and penalties and interest related to Real Estate Taxes if the applicable Real Estate Tax bills have been forwarded to Tenant in a timely manner; provided, however, that Real Estate Taxes shall not include any Excluded Taxes. “Excluded Taxes” shall mean, without limitation, Landlord’s income taxes, gift taxes, excess profit taxes, excise taxes, franchise taxes, estate, succession, inheritance and realty transfer taxes resulting from the transfer of any direct or indirect interest in the Property by Landlord unless such taxes replace Real Estate Taxes in the future (except as expressly set forth in the last sentence of this Section 4(a)), and any interest or penalty charges resulting solely from Landlord’s failure to promptly deliver the Real Estate Tax bills to Tenant if the applicable taxing authority has forwarded the tax xxxx to Landlord rather than Tenant. All special benefit taxes and special assessments shall be amortized over the longest time permitted under ordinance and Tenant’s liability for installments of such special benefit taxes and special assessments not yet due shall be paid in full prior to the expiration or termination of this Lease; provided, that the useful life of any such improvements do not extend beyond the expiration of the Term. Tenant shall also pay, directly to the applicable Governmental Authority (as hereinafter defined), any storm water charges, fees and taxes and use and occupancy tax in connection with the Property or any improvements thereon (or in the event Landlord is required by law to collect such tax, Tenant shall pay such use and occupancy tax to Landlord as Rent within thirty (30) days of written demand and Landlord shall remit any amounts so paid to Landlord to the appropriate Governmental Authority in a timely fashion) and deliver evidence of such payment to Tenant within ten (10) days of making such payment or within ten (10) days of receipt of Tenant’s request for such evidence of payment.

  • Common Area Operating Expenses Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share (as specified in Paragraph 1.6(b)) of all Common Area Operating Expenses, as hereinafter defined, during each calendar year of the term of this Lease, in accordance with the following provisions:

  • Real Estate Taxes and Special Assessments The 2022 calendar year real estate taxes due and payable in 2023 shall be paid by Seller. Seller shall credit Buyer(s) at closing for said 2022 real estate taxes payable in 2023 based on the most recent ascertainable tax figures. Xxxxx is responsible for all subsequent real estate taxes.

  • Operating Expenses The Lessor shall have no obligation to provide any services, perform any acts, or pay expenses, charges, obligations or costs of any kind whatsoever with respect to the Premises. The Lessee hereby agrees to pay one-hundred percent (100%) of any and all Operating Expenses as hereafter defined for the entire term of the Lease and any extensions thereof in accordance with specific provisions hereinafter set forth. The term “Operating Expenses” shall include all costs to the Lessor of operating and maintaining the Premises, and shall include, without limitation, real estate and personal property taxes and assessments, management fee(s), heating, air conditioning, HVAC, electricity, water, waste disposal, sewage, operating materials and supplies, service agreements and charges, lawn care, snow removal, restriping, repairs, repaving, cleaning and custodial, security, insurance, the cost of contesting the validity or applicability of any governmental acts which may affect operating expenses, and all other direct operating costs of operating and maintaining the Premises and related parking areas, unless expressly excluded from operating expenses.

  • REAL ESTATE TAXES, SPECIAL ASSESSMENTS AND PRORATIONS (a) Because the Entire Property (of which the Property is a part) is subject to a triple net lease (as further set forth in paragraph 11(a)(i), the parties acknowledge that there shall be no need for a real estate tax proration. However, Seller represents that to the best of its knowledge, all real estate taxes and installments of special assessments due and payable in all years prior to the year of Closing have been paid in full. Unpaid real estate taxes and unpaid levied and pending special assessments existing on the date of Closing shall be the responsibility of Buyer and Seller in proportion to their respective Tenant in Common interests, pro-rated, however, to the date of closing for the period prior to closing, which shall be the responsibility of Seller if Tenant shall not pay the same. Seller and Buyer shall likewise pay all taxes due and payable in the year after Closing and any unpaid installments of special assessments payable therewith and thereafter, if such unpaid levied and pending special assessments and real estate taxes are not paid by any tenant of the Entire Property. (b) All income and all operating expenses from the Entire Property shall be prorated between the parties and adjusted by them as of the date of Closing. Seller shall be entitled to all income earned and shall be responsible for all expenses incurred prior to the date of Closing, and Buyer shall be entitled to its proportionate share of all income earned and shall be responsible for its proportionate share of all operating expenses of the Entire Property incurred on and after the date of closing.

  • Total Operating Expenses All costs and expenses paid or incurred by the Corporation, as determined under generally accepted accounting principles, that are in any way related to the operation of the Corporation or to corporate business, including Asset Management Fees and other operating fees paid to the Advisor, but excluding (i) the expenses of raising capital such as Organization and Offering Expenses, (ii) interest payments, (iii) taxes, (iv) non-cash expenditures such as depreciation, amortization and bad debt reserves, (v) incentive fees, (vi) Acquisition Fees and Acquisition Expenses, (vii) real estate commissions on the Sale of Property, (viii) distributions made with respect to interests in the Operating Partnership, and (ix) other fees and expenses connected with the acquisition, Disposition, management and ownership of real estate interests, mortgage loans or other property (including the costs of foreclosure, insurance premiums, legal services, maintenance, repair, and improvement of property). Notwithstanding the definition set forth above, any expense of the Corporation which is not part of Total Operating Expenses under the NASAA REIT Guidelines shall not be treated as part of Total Operating Expenses for purposes hereof.

  • Limit on Operating Expenses The Advisor hereby agrees to limit the Fund’s current Operating Expenses to an annual rate, expressed as a percentage of the Fund’s average daily net assets for the month, to the amounts listed in Appendix A (the “Annual Limit”). In the event that the current Operating Expenses of the Fund, as accrued each month, exceed its Annual Limit, the Advisor will pay to the Fund, on a monthly basis, the excess expense within the first ten days of the month following the month in which such Operating Expenses were incurred (each payment, a “Fund Reimbursement Payment”).

Most Referenced Clauses

Most Referenced Definitions