Common use of Real Estate Taxes Clause in Contracts

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.

Appears in 2 contracts

Samples: Lease Agreement (Glenrose Instruments Inc.), Lease Agreement (Glenrose Instruments Inc.)

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Real Estate Taxes. (aA) Tenant shall further pay, at its own cost and expenseas Additional Rent, directly to the relevant taxing authority, all taxes real estate taxes, general or special assessments, sewer and assessments sewer rents water charges and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during imposed upon the term be charged, laid, levied, assessed, imposed, become due and payableDemised Premises, or liens upon, impositions or which may arise agreed payments in lieu thereof or voluntary payments made in connection with the use, occupancy provision of governmental services or possession improvements of benefit to the demised premises or any appurtenances or equipment thereon or therein or any part thereof, Building or the sidewalks Demised Premises (including any so-called linkage, impact or streets in front of or adjoining the demised premises voluntary betterment payments), and all taxes charged, laid, leviedpenalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes), assessed or imposed against the Demised Premises or the property of which the Demised Premises are a part (including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection therewith), or upon Landlord by virtue of its ownership thereof (other than mechanics or other liens due to the acts of Landlord, its agents or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquency. In the event that Landlord receives any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereof. If during the Term the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition to the foregoing under whole or by virtue any part of all present such ad valorem tax, there shall be assessed, levied or future laws, ordinances, requirements, orders, directions, rules imposed on such property or regulations Demised Premises or on Landlord any kind or nature of the Federalfederal, state, county and county, municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition capital levy, income, sales, franchise, excise or chargesimilar tax, assessment, levy, charge or fee (as distinct from the federal and said proof state income tax in effect on the Commencement Date) measured by or payment must based in whole or in part upon Building rents or any other incidents, benefits or measures of real property or real property operations and imposed on owners of real estate generally, then any and all of such taxes, assessments, levies, charges and fees shall be delivered included within the term Taxes, but only to the Landlord not later than twenty (20) days after Landlordextent the same are applicable to the Demised Premises. Upon Tenant’s written demand therefor. Except as set forth in section (b) execution of this articleLease, payments of all aforesaid charges Landlord shall be timely made by cause the Tenant in order Washington County Treasurer to avoid issue real estate tax bills directly to the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofTenant.

Appears in 2 contracts

Samples: Lease Agreement, Amended and Restated Lease Agreement (West Marine Inc)

Real Estate Taxes. For the purposes of this Section, the term "taxes" shall include all real estate taxes, assessment (ageneral and special) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, thereof which shall or may during the lease term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of of, or grow due or payable out of, or for, the demised premises or any appurtenances or equipment thereon or therein building or any part thereof, or the sidewalks land (the "Parcel") upon which the building is situated or streets any other improvements thereon. Tenant agrees to pay to Landlord Tenant's share of taxes, as herein provided. Tenant's proportionate share of taxes assessed with respect to all buildings in front the industrial Park shall be determined by multiplying the amount of or adjoining such taxes by a fraction, the denominator of which shall be the rentable square foot area of all buildings constructed in the Industrial Park upon which any such taxes are assessed and the numerator of which shall be the total number of square feet of ground floor area contained in the demised premises as set forth in Section 1.01 hereof. Taxes shall be prorated as of the commencement date of the Lease upon the due date basis of the appropriate taxing authorities. In addition to the foregoing, should the State of Florida or any political subdivision thereof or any governmental authority having jurisdiction thereover, impose a tax and/or assessment (other than a franchise tax) upon or against the rentals payable hereunder by Tenant or Landlord, either by way of substitution for the taxes and assessments levied or assessed against such land and such buildings, or in addition hereto, such tax and/or assessments shall be paid by Tenant. Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 2.04 and Tenant shall pay 1/12 thereof in equal monthly installments together with the payment of minimum annual rent. In the event that the aggregate of Tenant's installments during the year shall be less than the amount of the obligations due from Tenant, such deficiency shall be paid to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given a credit towards the next due payment of its share of taxes. Notwithstanding any thing in this Section 2.04 to the contrary, all costs and expenses incurred by Landlord during negotiations for or contests of the amount of the taxes shall be included with the term "Taxes". In the event a refund is obtained, Landlord shall credit a portion thereto the next installment of rent due from Tenant in proportion to the share of such taxes originally paid by Tenant from which the refund was derived. In addition to the foregoing, Tenant at all times shall be responsible for and shall pay, before delinquency, all taxes charged, laid, levied, assessed or imposed unpaid on any leasehold interest, any right of occupancy, any investment of Tenant in lieu of the Demised Premises, or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant personal property of any such tax assessmentkind owned, water rent, rate installed or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made used by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the leaseTenant, including any extensions thereofTenant's leasehold improvements or on Tenant's right to occupy the Demised Premises.

Appears in 2 contracts

Samples: Lease Agreement (Singing Machine Co Inc), Lease Agreement (Singing Machine Co Inc)

Real Estate Taxes. Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord’s interest in the Project or such personal property, by any Federal, State or local entity, including: (ai) Tenant shall further pay, at its own cost and expense, all real property taxes and general, special, supplemental and escape assessments; (ii) charges, fees or assessments sewer rents and for transit, public improvements, employment, job training, housing, day care, open space, art, police, fire or other governmental impositions services or benefits; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project; (v) any tax, assessment, charge, levy or fee for environmental matters, or as a result of the imposition of mitigation measures, such as parking taxes, employer parking regulations or fees, charges or assessments due to the treatment of the Project, or any portion thereof or interest therein, as a source of pollution or stormwater runoff; (vi) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Estate Taxes; and (vii) consultants’ and attorneys’ fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Estate Taxes. Real Estate Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Estate Tax; and (B) penalties, fines, interest or charges due for late payment of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and Real Estate Taxes by Landlord. If any Real Estate Taxes are payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payertaxpayer be paid, in installments, such Real Estate Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. Related Company: (i) An entity which Controls, is Controlled by, or is under common Control with Tenant; (ii) an entity into or with which Tenant may make payments is merged or consolidated; (iii) an entity to which at least ninety percent (90%) of Tenant’s assets are transferred; or (iv) Tenant, where Tenant admits additional members in installments rather than connection with obtaining additional equity investment in a lump sum. Tenant will be obligated to pay only Tenant, so long as the installments due during the term identity of the lease, including any extensions thereofpersons responsible for the operation and management of the business of Tenant does not change.

Appears in 2 contracts

Samples: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

Real Estate Taxes. (a) Tenant shall further payshall, at its own cost and expensein all instances, pay Tenant's Proportionate Share of all taxes and real estate taxes, assessments sewer rents and other governmental impositions levies and charges charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of every any kind and nature whatsoever, extraordinary (except as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, otherwise set forth herein) imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed confirmed by any lawful taxing authorities which may accrue during the period of the Term of this Lease for the whole or any part of the Retail Area and the land situated thereunder during the Term of this Lease (excluding any portion of the Retail Area which is not owned by Landlord and which is separately assessed, and for which the Taxes are paid for by the owners or occupants of such area) or any taxes in lieu of thereof, and also all reasonable and customary costs and fees (including attorneys' fees) reasonably incurred by Landlord in contesting any such taxes, levies, charges or assessments and/or in addition negotiating with the public authorities as to the foregoing under or by virtue same, all of all present or future lawswhich real estate taxes, ordinancesassessments, requirementslevies, orderscharges, directionscosts and fees are hereinafter collectively referred to as "Taxes." To the extent any taxes within the Project are not separately assessed, rules or regulations Landlord shall reasonably allocate the Taxes payable with respect to the Retail Area between the various uses and areas of the FederalProject, stateand shall reduce the amount of Taxes by the contributions made towards same by the owners of other parcels. Commencing on the Commencement Date and without thereby waiving Tenant's liability for the entire amount of Tenant's Proportionate Share of Taxes, county and municipal governments and until Landlord receives the next notice of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demandassessment or tax xxxx, Tenant shall produce pay to Landlord, monthly, in advance, as Additional Rent, Tenant's Proportionate Share of Taxes reasonably estimated for the prior calendar year and exhibit payable during the then current calendar year, subject to adjustment, when the amount of such Taxes shall be determined. Therefore, during the Term of this Lease, Tenant shall pay to Landlord satisfactory evidence monthly, in advance, on the first day of payment each month, as Additional Rent, an amount equal to one-twelfth (1/12th) of the amount which is reasonably estimated to be Tenant's Proportionate Share of Taxes. After receipt of the actual xxxx for Taxes, Landlord shall determine the actual amount of Tenant's Proportionate Share of Taxes. If the amount of such monthly payments paid by Tenant exceeds the actual amount thereafter due from Tenant, the overpayment shall be credited on Tenant's next succeeding payment; or, if at the expiration or sooner termination of any the Lease Term, Landlord shall refund such tax assessmentexcess to Tenant within thirty (30) days after determination of Tenant's actual Proportionate Share of Taxes for the period in question. If the amount of such monthly payments paid by Tenant shall be less than the actual amount due from Tenant, water rent, rate or charge, sewer charge or other governmental imposition or charge, Tenant shall pay to Landlord the difference between the amount paid by Tenant and said proof or payment must be delivered to the Landlord not later than twenty actual amount due within thirty (2030) days after Landlord’s 's written demand thereforaccompanied by copies of tax bills and a reasonably detailed computation of Tenant's Proportionate Share. Except as In addition, after Landlord's receipt of the actual xxxx for Taxes, Landlord may on such basis readjust the amount of Tenant's estimated monthly tax payments for the current tax fiscal year and if Tenant's monthly payments previously made to Landlord for such current tax fiscal year are less than the readjusted estimated amount Tenant shall thereupon pay to Landlord any deficiency in such payments within thirty (30) days after Landlord's written demand. Tenant's obligation to pay any deficiency in its monthly deposits for Taxes shall survive the expiration of the Term hereof. Landlord shall have the right, if permitted, by law, to make installment payments of any Taxes levied against the Retail Area, and in such event, Tenant's Proportionate Share of Taxes shall be computed upon the installments and interest thereon paid by Landlord in each Lease Year. Landlord shall contest any or all such Taxes and Landlord shall have the sole, absolute and unrestricted right to settle any such contest, proceeding or action upon whatever terms Landlord may, in its sole but reasonable business judgement, determine. In the event Landlord receives any refund of such Taxes (and provided Tenant is not then in default of any of the terms of this Lease beyond any applicable cure period set forth in section (b) herein), Landlord shall credit such portion of this article, such refund as shall be allocated to payments of all aforesaid charges shall be timely Tenant's Proportionate Share of Taxes actually made by Tenant (less reasonable and customary costs, expenses and attorneys' fees) against the next succeeding payment of Tenant's Proportionate Share of Taxes due from Tenant in order or, if received during the last Lease Year, Landlord will refund the same to avoid Tenant following the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option expiration or sooner termination of the payerLease or the Lease Term at such time as it is determined that Tenant's obligations to pay Tenant's Proportionate Share of Taxes for the last Lease Year has been fulfilled. In the event Landlord fails to contest Taxes as hereinabove contemplated, Tenant may make payments in installments rather than in a lump sum. shall have the right to contest such Taxes provided Tenant will be obligated to pay only the installments due during the term shall coordinate such contest with all other tenants and occupants of the lease, including any extensions thereofProject having a similar right.

Appears in 2 contracts

Samples: Retail Lease (New York Restaurant Group Inc), Retail Lease (Smith & Wollensky Restaurant Group Inc)

Real Estate Taxes. (a) Tenant As used herein shall further paymean all real estate taxes, at its own cost assessments, water and expense, all taxes and assessments sewer rents or charges and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term Lease Term be charged, laid, levied, assessed, imposed, become due and payablepayable or be levied by the lawful taxing authorities against the land, buildings and all other improvements in the Industrial Center, or liens upon, upon or which may arise arising in connection with the use, use or occupancy or possession of, or becoming due or payable out of or for, the demised premises or any appurtenances or equipment thereon or therein Industrial Center or any part thereofthereof or any land, buildings or other improvements therein, including all commercially reasonable costs and fees incurred by Landlord in contesting same or in negotiating with the sidewalks appropriate governmental authorities as to same. Except as otherwise set forth in the immediately succeeding paragraph of this Section 1.10, nothing herein contained shall be construed to include as a Real Estate Tax any inheri­ tance, estate, succession, transfer, gift, franchise, corporation, income or streets profit tax that is or may be imposed upon Landlord; provided, however, that, if at any time during the Lease Term the methods of taxation prevailing at the commencement of the Lease Term shall be altered so that in front lieu of or adjoining as a substitute for the demised premises and all whole or any part of the taxes chargednow levied, laidassessed or imposed, there shall be levied, assessed or imposed an income or other tax of whatever nature, then the same shall be included in lieu the computation of Real Estate Taxes hereunder. As used in this Lease, the term "Tenant's Pro-rata Share of Complex Operating Costs" shall include any excise, transaction, sales or in addition to the foregoing under privilege tax hereafter imposed by any government or governmental agency upon Landlord on account of, attributed to, or measured by virtue of all present rent or future lawsother charges payable by Tenant, ordinances, requirements, orders, directions, rules or regulations levied by reason of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverpublic parking made available by Landlord in the Industrial Center. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit not have the right to contest the Landlord satisfactory evidence of payment by Tenant amount or application of any such tax assessment, water rent, rate or charge, sewer charge or other Real Estate Taxes with any governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofauthority.

Appears in 1 contract

Samples: Lease Agreement (Immunomedics Inc)

Real Estate Taxes. From and after the Commencement Date, Guest shall pay all real estate taxes connected with the Premises and one-half of real estate taxes connected with the Site (aor a greater portion should Guest exercise its expansion options as provided in Paragraph 36 (“Expansion Options”)). As used herein, “real estate taxes” shall mean: (i) Tenant shall further payall real estate, at its own cost and expensead valorem or personal property taxes levied with respect to the Premises, all taxes and assessments sewer rents and the Site, any fixtures, equipment or other property, real or personal, located on or about the Premises or the Site; (ii) any other tax, general or special assessment or other governmental impositions charge of any description imposed upon or in respect to the Premises or Site, including, without limitation, a tax upon any rent therefrom, or any occupancy or use thereof; (ill) any water and charges of every kind sewer general or special assessments, charges, excises, levies, license and nature whatsoeverpermit fees, extraordinary as well as ordinarytransfer taxes, and each and every installment thereofall other similar charges, if any, which shall or may during the term be charged, laid, are levied, assessed, imposed, or imposed upon or become due and payablepayable in connection with, or liens upon, the Premises, Site or which may arise facilities used in connection with the usetherewith, occupancy and rentals or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises receipts therefrom; and (iv) all taxes charged, laid, levied, assessed of whatsoever nature that are imposed in substitution for or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future lawsany taxes, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge assessments or other governmental imposition or charge, and said proof or payment must charges included in this definition. Host shall obtain from the taxing authority a separate tax parcel for the Site. Guest’s liability for real estate taxes hereunder shall be delivered paid to Host in the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as manner set forth in section (b) Paragraph 8 hereof. In the event Host is required under any mortgage covering the Building to escrow real estate taxes, Host may, but shall not be obligated to, use the amount required to be so escrowed as a basis for its estimate of such monthly installments. Provided Guest is the sole occupant of the Building, Guest shall have the right to contest the assessed value of the Premises after first consulting with Host. If the building becomes multi-tenant, Host and Guest may mutually agree to contest the assessed value. In such case, Host will negotiate or contest the assessed value with the City of Xxx Arbor. Real estate taxes for the first and last years of this article, payments of all aforesaid charges Lease shall be timely made by prorated between Host and Guest using the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofdate method.

Appears in 1 contract

Samples: Lease (MSC Software Corp)

Real Estate Taxes. Real Estate Taxes shall be defined as (ai) Tenant shall further payall real property taxes, at its own cost assessments that are assessed, levied, or imposed on the land, buildings, and/or other improvements comprising all or part of the Project, or which are otherwise imposed in connection with the ownership, leasing, and expenseoperation of the Project; (ii) all personal property taxes levied by any public authority on personal property of Landlord used in the management, operation, maintenance and repair of the Project; (iii) all taxes taxes, assessments and assessments sewer rents and other governmental impositions and charges reassessments of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall whatsoever levied or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition substitution for existing or additional real or personal property taxes and assessments on the Project, including any so-called value-added tax; and (iv) amounts necessary to be expended because of governmental orders, charges or other actions, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during or are allocable to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demandTerm; further, Tenant shall produce reimburse Landlord within 30 days after demand for all taxes and exhibit assessments required to be paid by Landlord (except to the extent included in Real Estate Taxes by Landlord), when (a) such taxes are measured by or reasonably attributable to the cost or value of (i) Tenant’s equipment, furniture, fixtures and other personal property located in the Premises, or (ii) the Tenant Work (as defined in Exhibit X-x) or any other leasehold improvements made in or to the Premises by or for Tenant, to the extent the cost or value of such Tenant Work or other leasehold improvements exceeds the cost or value of a Building standard build-out as reasonably determined by Landlord satisfactory evidence regardless of payment whether title to such Tenant Work or improvements is vested in Tenant or Landlord; (b) such taxes are assessed upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion of the Project (including the Parking Facilities); or (c) such taxes are assessed upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises, or upon rent or receipts (including any business license tax or gross receipts tax based on the rents or other revenues received by Landlord), the square footage of land or improvements within the Project, or the occupancy by tenants of space within the Project. The Building and the Other Buildings (except for the Amenity Building, which is part of the Building 3 tax parcel) each constitute separate tax parcels, but with respect to Real Estate Taxes shared among the Building and one or more Other Buildings or relating to amenities or services provided only to, or used on a disproportionate basis by, Tenant or other specific tenants, Landlord shall allocate on an equitable basis such Real Estate Taxes to the Building and Other Buildings or among specific tenants of the Project, as determined in Landlord’s reasonable discretion; provided that (A) fifty percent (50%) of the Real Estate Taxes of the Amenity Building and the Phase II Common Area, twenty five percent (25%) of the Real Estate Taxes of the Sports Park and forty percent (40%) of the Real Estate Taxes of the Phase II Parking Garage shall be allocated to the Building and (B) except for the Real Estate Taxes attributable to the Sports Park, Real Estate Taxes attributed solely to the Phase I Buildings and to any Common Area located on the Land on which Phase I Buildings are located shall not be allocated to the Building. Real Estate Taxes include any and all increases in Real Estate Taxes resulting from a change in ownership or new construction with respect to the Premises, the Building or the Project. Further, for the purposes of this Article VII, Real Estate Taxes shall include the reasonable expenses (including, without limitation, attorneys’ fees) incurred by Landlord in challenging or obtaining or attempting to obtain a reduction of such Real Estate Taxes, regardless of the outcome of such challenge, and any costs incurred by Landlord for compliance, review and appeal of tax liabilities. Notwithstanding the foregoing, Landlord shall have no obligation to challenge Real Estate Taxes. If as a result of any such challenge, a tax assessmentrefund is made to Landlord, water rentthen provided no Event of Default exists under this Lease, rate or charge, sewer charge the net amount of such refund after payment of all costs and expenses of the challenge shall be deducted from Real Estate Taxes due in the Calendar Year such refund is received. In the case of any Real Estate Taxes which may be evidenced by improvement or other governmental imposition bonds or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual or other periodic installments, at the option of the payer, Tenant may make payments Landlord shall elect to cause such bonds to be issued or cause such assessment to be paid in installments rather than over the maximum period permitted by law. Nothing contained in a lump sumthis Lease shall require Tenant to pay (1) any franchise, gift, estate, inheritance or succession transfer tax of Landlord, or any income, profits or revenue tax or charge, upon the net income of Landlord from all sources, or (2) any penalties or interest incurred by reason of Landlord’s late payment of Real Estate Taxes. Tenant will be obligated hereby waives any and all rights to pay only protest appraised values or to receive notice of reappraised values regarding the installments due during the term Project or other property of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Work Agreement (McAfee Corp.)

Real Estate Taxes. (a) Tenant shall further paypay to Landlord, at its own cost and expenseas additional rent, Xxxxxx’s Pro Rata Share of Excess Real Estate Taxes (as set forth in Section 4.2.3 below), if any, on or before the fifteenth (15th) day following receipt by Tenant of Landlord’s Statement. The term “Real Estate Taxes” as used herein shall mean all taxes and assessments sewer rents and other governmental taxes, impositions and charges of every kind and nature whatsoeverassessed by any governmental authority on the Lot, extraordinary as well as ordinaryBuilding, Park and improvements, and each the expenses incurred by Landlord in connection with any proceedings for abatement of taxes and every installment thereofassessments with respect to any fiscal year or fraction of a fiscal year; together with the Building’s allocable share of such taxes, impositions and charges with respect to other parcels on which any common facilities serving the Building are located, which Landlord shall become obligated to pay because of or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the useownership, occupancy or possession leasing and operation of the demised premises or any appurtenances or equipment thereon or therein or any part thereofLot, or the sidewalks or streets in front of or adjoining the demised premises Building, Park and all taxes chargedimprovements, laid, levied, assessed or imposed in lieu of or in addition subject to the foregoing under or by virtue of following: There shall be excluded from Real Estate Taxes all present or future lawsincome taxes, ordinancesexcise taxes, requirementsfranchise taxes, ordersand estate, directionssuccession, rules or regulations of the Federalinheritance and transfer taxes, stateprovided, county and municipal governments and of all other governmental authorities whatsoever. If however, that if at any time during the term Term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord shall make written demand, Tenant shall produce and exhibit a capital levy or other tax on the gross rents received with respect to the Landlord satisfactory evidence of payment Lot, Building and improvements, or both, or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by Tenant of or based, in whole or in part, upon any such tax assessmentgross rents, water rentthen any and all of such taxes, rate assessments, levies or chargecharges, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this articleextent so measured or based, payments of all aforesaid charges shall be timely made deemed to be included within the term “Real Estate Taxes.” If the amount of Real Estate Taxes, for the base year referred to in Section 1.1 hereof are abated or otherwise reduced on a permanent basis (as opposed to a reduction based upon a variable factor such as vacancies), the Real Estate Tax Base shall be reduced by the Tenant in order amount of such abatement or reduction. Notwithstanding that the Real Estate Tax bill may include the Lot and the Other Buildings, Real Estate Taxes shall never include any assessment or tax related only to avoid the assessments Other Buildings. If said Real Estate Tax bill includes any Other Buildings, only a fractional share of interest, penalties, and other costs. With the taxes assessed with respect to assessments that may the Lot shall be paid in installments, at included as Real Estate Taxes. Such fractional share shall equal the option product of the payertaxes assessed with respect to the Lot (as specified on the Real Estate Tax bill or, Tenant may make payments in installments rather than in if not so specified, as otherwise reasonably estimated by Landlord) multiplied by a lump sum. Tenant will be obligated to pay only fraction, the installments due during numerator of which is the term Rentable Floor Area of the lease, including any extensions thereofBuilding and the denominator of which is the aggregate Rentable Floor Area of the Building and the Other Buildings included on such Real Estate Tax bill.

Appears in 1 contract

Samples: Cambridge Heart Inc

Real Estate Taxes. Tenant shall pay, directly to the authority charged with collection thereof: (i) all taxes, assessments (special or otherwise), levies, fees, water and sewer rents and charges, and all other government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are, at any time prior to or during the Term hereof, imposed or levied upon or assessed against (A) the Premises, (B) any Fixed Rent, Additional Rent or other sum payable hereunder or (C) this Lease, or the leasehold estate hereby created, or which arise in respect of the operation, possession or use of the Premises; (ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any time levied, assessed or payable on account of the acquisition, leasing or use of the Premises; and (iv) all charges for utilities furnished to the Premises which may become a lien on the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). If any tax or assessment levied against the Premises may legally be paid in installments, Tenant may elect to pay such tax or assessment in installments. For each tax or assessment period, or installment period thereof, wholly included in the Term, all such payments shall be made by Tenant not less than five days prior to the last date on which the same may be paid without interest or penalty; provided that for any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within 10 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Tenant shall, promptly after payment thereof, furnish Landlord proof of payment of all items in this Section 3.2.1 which are payable by Tenant. If Tenant shall deem itself aggrieved by any such tax or assessment, and shall elect to contest the payment thereof, Tenant may make such payment under protest or, if postponement of such payment will not jeopardize Landlord's title to the Premises nor prejudice Landlord's rights with respect to abatement proceedings, Tenant may postpone the same provided that it shall secure such payment and the interest and penalties thereon and the costs of the contest of the tax or assessment, or of the proceedings or the suit in which such contest may be had, by causing to be delivered to Landlord cash or other security satisfactory to Landlord, or a bond of a good and solvent surety company, in form and content satisfactory to Landlord. Either party paying any tax or assessment shall be entitled to recover, receive and retain for its own benefit all abatements and refunds related thereto, unless it has previously been reimbursed by the other party. Any abatement or refund related to a tax or assessment the payment of which was apportioned between the parties shall be first applied to the costs of securing such abatement or refund, and the balance shall be apportioned in like manner. Notwithstanding any other provision of this Lease to the contrary, neither party paying any tax or assessment shall make such payment, in such an amount, in such a manner, or at such a time as would prejudice any abatement proceeding unless failure to make such payment would jeopardize either party's interest in the Premises in which case payment shall be made so that such interest is not so jeopardized. Nothing contained in this Lease shall, however, require Tenant to pay any franchise, corporate, estate, inheritance, succession capital levy or transfer tax of Landlord, or any income, profits or revenue tax or charge upon the rent payable by Tenant under this Lease (other than any tax referred to in clause (ii) above) unless (a) such tax is imposed, levied or assessed in substitution for any other tax or assessment which Tenant shall further payis required to pay pursuant to this Section 3.2.1, or (b) if at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may any time during the term Term of this Lease, the method of taxation shall be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, such that there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received from the Premises and/or any tax or assessment measured by or based, in lieu of whole or in addition to part, upon such rents or measured in whole or in part by income from the foregoing under Premises (if in computing such rents or by virtue income there is not allowable as a deduction for the taxable year substantially all of all the depreciation or interest deductions allowed for federal income tax purposes for the taxable year), or upon the value of the Premises or any present or future lawsimprovement or improvements on the Premises, ordinancesin which case all such taxes and assessments or the part thereof so measured or based ("Substitute Taxes"), requirementsshall be payable by Tenant, ordersprovided however, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit Tenant's obligation with respect to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must aforesaid Substitute Taxes shall be delivered limited to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except amount thereof as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, computed at the option rates that would be payable if the Premises were the only property of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Photoelectron Corp

Real Estate Taxes. 13.1 For purposes of this Lease, and subject only to the exclusions provided below, “Taxes” as used in this Lease shall mean the regularly imposed taxes levied by municipal, county, and district Governmental Authorities against the owners of real property, which taxes are measured on a “flat-rate” basis separately from any other property of the owner of the subject property, including ad valorem taxes and betterment assessments, imposed or assessed upon or against the Property; provided, however that if any betterment assessment is payable in installments, the real estate taxes for any tax year shall include only such installments of such betterment assessment as is allocable to said tax year. Taxes shall not in any case include any income, excess profit, estate, inheritance, succession, transfer, franchise, capital or other tax or assessment upon Landlord, or upon the rentals payable under this Lease (a) Tenant shall further pay, at its own cost and expenseexcept for taxes on the rentals as set forth below), all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall be the obligation of Landlord, unless same are charges or may during the term be charged, laid, levied, assessed, imposed, become due and payableassessments made in lieu of real estate, or liens uponother taxes expressly included in Taxes, in which event same shall nevertheless be payable by Tenant as herein set forth. In no event shall Tenant be obligated to pay any of Landlord’s administrative fees relating to real estate taxes nor shall Tenant be obligated to pay any interest or which may arise penalties imposed for late payment or otherwise unless caused by Tenant. If at any time after the Commencement Date, the methods of taxation then prevailing shall be altered so that in connection with the use, occupancy or possession lieu of the demised premises or any appurtenances or equipment thereon or therein whole or any part thereofof the taxes, assessments, levies, impositions or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, charges then levied, assessed or imposed on real estate and the improvements thereon, there shall be levied, assessed or imposed: (i) a tax, assessment, levy, imposition or charge wholly or partially as capital levy or otherwise on the rents received therefrom, or (ii) a tax, assessment, levy, imposition or charge measured by or based in lieu of whole or in addition part upon the Demised Premises and imposed upon Landlord, or (iii) a license fee measured by the rents payable by Tenant to Landlord, then all such taxes, assessments, levies, impositions or charges, or the foregoing under part thereof so measured or by virtue of all present or future lawsbased, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during shall be deemed to be included within the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to “Taxes” for the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofpurposes hereof.

Appears in 1 contract

Samples: Lease (Edible Garden AG Inc)

Real Estate Taxes. “Real Estate Taxes” means all federal, state, county or local governmental or municipal taxes, fees, charges, assessments, levies, licenses or other impositions, whether general, special, ordinary or extraordinary, that are paid or accrued during a Calendar Year (awithout regard to any different fiscal year used by such governmental or municipal authority) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges because of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the useownership, occupancy leasing or possession operation of the demised premises Project. Real Estate Taxes shall include (a) real property taxes; (b) general and special assessments; (c) transit taxes; (d) leasehold taxes; (e) personal property taxes imposed upon the fixtures, machinery, equipment, systems, appurtenances, furniture and other personal property used in connection with the Project; (f) any tax on the rent, right to rent or other income from any appurtenances portion of the Project or equipment thereon as against the business of leasing any portion of the Project; (g) any assessment, tax, fee, levy or therein charge imposed by any governmental agency, public improvement district or by any part thereofnon-governmental entity pursuant to any private cost-sharing agreement, in order to fund the provision or enhancement of any fire-protection, street-, sidewalk- or road-maintenance, refuse-removal or other service that is normally provided by governmental agencies to property owners or occupants without charge (other than through real property taxes); and (h) margin taxes on revenue or income derived from the sidewalks Project (“Margin Tax”) and any other assessment, tax, fee, levy or streets in front charge allocable or measured by the area of the Premises or adjoining by the demised premises and all taxes chargedRent payable hereunder, laidincluding any business, leviedgross income, assessed gross receipts, sales or imposed in lieu of or in addition excise tax with respect to the foregoing under receipt of such Rent. Any costs and expenses (including reasonable attorneys’ and consultants’ fees) incurred in the compliance review of Real Estate Taxes or by virtue of all present attempting to protest, reduce or future laws, ordinances, requirements, orders, directions, rules or regulations of minimize Real Estate Taxes shall be included in Real Estate Taxes for the Federal, state, county and municipal governments and of all other governmental authorities whatsoeveryear in which they are incurred. Landlord shall have no obligation to challenge Real Estate Taxes. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant as a result of any such challenge, a tax assessmentrefund is made to Landlord, water rentthen provided no Event of Default exists under this Lease, rate or charge, sewer charge the amount of such refund less the expenses of the challenge shall be deducted from Real Estate Taxes due in the Calendar Year such refund is received; provided however that any tax refund shall be only applicable if this Lease was in force during the time period that the tax refund applies. In the case of any Real Estate Taxes which may be evidenced by improvement or other governmental imposition bonds or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual or other periodic installments, Landlord shall elect to cause such bonds to be issued or cause such assessment to be paid in installments over the maximum period permitted by Law. Notwithstanding any contrary provision hereof, Real Estate Taxes shall be determined without regard to any “green building” credit and shall exclude (i) except for the Margin Tax, all excess profits taxes, franchise taxes, gift taxes, transfer taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the option Project), (ii) any Operating Expenses and (iii) any taxes paid by Tenant directly on Tenant’s Property. Tenant hereby waives any and all rights under Section 41.413 of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated Texas Tax Code and any other applicable Laws to pay only protest appraised values or to receive notice of reappraised values regarding the installments due during the term Project or other property of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Office Lease (Rackspace Hosting, Inc.)

Real Estate Taxes. (a) Tenant shall further pay, within ten (10) days from the date Landlord submits to Tenant a statement setting forth the amount due Landlord under the provisions of this paragraph, Tenant's proportionate share of the real property taxes and assessments on the Demised Premises as additional rent hereunder. Tenant's proportionate share of such taxes and assessments shall be determined by multiplying the total amount of such taxes and assessments by a fraction, the numerator of which is the floor area of the Demised Premises and the denominator of which is the total floor area of the building or buildings being assessed. If the Landlord shall be required to maintain a tax impound account, Tenant shall, at Landlord's request, pay one-twelfth (1/12) of Tenant's proportionate share of the estimated annual taxes in advance each month in additional to the minimum rental payment due hereunder. Landlord shall pay all taxes, and assessments lawfully levied or assessed against the building or buildings or any part thereof; provided, however, that Landlord may, dispute and contest the same. Tenant may, at its own sole cost and expense, all after it has paid in full its proportionate share of any taxes and or assessments sewer rents and other due hereunder, upon fifteen (15) days prior written notice to Landlord, contest with the appropriate governmental impositions and charges authority such tax or assessment. Tenant shall be entitled to any refund of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall any tax or may during the term be charged, laid, levied, assessed, imposed, become due and payablepenalty paid by Tenant, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises paid by Landlord and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment reimbursed by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, to Landlord. (See Lease Rider "A" Building Expenses attached hereto and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofincorporated herein).

Appears in 1 contract

Samples: Lease Agreement (Paradigm Medical Industries Inc)

Real Estate Taxes. (a) Tenant shall further paypay to Landlord as Additional Rent the Real Estate Taxes within ten (10) days prior to the due date of any Real Estate Tax bill. Xx the event the mortgagee on the Property requires the Real Estate Taxes to be escrowed, at its own cost and expenseTenant agrees to pay to Landlord as Additional Rent with the Fixed Rent payment on the first date of each calendar month included in the Term, one twelfth (1/12) of the Real Estate Taxes. The Term "Real Estate Taxes" as used above shall mean all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoeverassessed by any governmental authority on the Lot, extraordinary as well as ordinarythe Building and improvements, or both, and each and every installment thereof, on the Common Areas of the Park which the Landlord shall become obligated to pay because of or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the useownership, occupancy or possession leasing and operating of the demised premises or any appurtenances or equipment thereon or therein or any part thereofLot, the Building and improvements, or the sidewalks or streets in front of or adjoining the demised premises and all taxes chargedboth, laid, levied, assessed or imposed in lieu of or in addition subject to the foregoing under or by virtue of following: There shall be excluded for such taxes all present or future lawsincome taxes, ordinancesexcess profits taxes, requirementsexcise taxes, ordersfranchise taxes, directionsestate, rules or regulations of the Federalsuccession, stateinheritance and transfer taxes, county and municipal governments and of all other governmental authorities whatsoever. If provided, however, that if at any time during the Term the present system of ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Lot, Building and improvements, or both, and the Common Areas of the Park, a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based, in whole or in part, upon any such gross rents, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based, shall be deemed to be included within the term "real estate taxes". Landlord agrees to promptly give Tenant notice of this lease any Real Estate Tax bills received by Landlord. Tenant shall have the right, upon prior notice to Landlord, to seek an abatement of or contest or review by legal proceedings or otherwise any such Taxes, and at the request of Tenant, Landlord shall make written demandjoin and otherwise cooperate in any such proceedings, provided that Tenant shall produce defend, indemnify and exhibit save harmless Landlord from and against any cost or expense incurred by Landlord in connection with any such proceedings. Tenant shall be entitled to any rebate or refund of Taxes received by Landlord or Tenant to Taxes in respect of the Premises for the Term of the Lease. The amount of any refund of real estate taxes shall be credited against real estate taxes for the Fiscal Year in which such refund is received; provided, however, in the event that Landlord receives a refund on account of real estate taxes after the expiration of the Term, which refund relates to a Fiscal Year during the Term, the amount of such refund fairly allocable to Tenant shall be refunded to Tenant by Landlord. All references to real estate taxes "for" a particular Fiscal Year shall be deemed to refer to real estate taxes due and payable during such Fiscal Year without regard to when such impositions are assessed or levied. Notwithstanding any language to the Landlord satisfactory evidence of payment contrary contained herein, Landlord's Operating Costs shall be reduced by Tenant of any such tax assessmentreimbursements, water rentcredits, rate or chargediscounts, sewer charge reductions or other governmental imposition allowances received or charge, and said proof or payment must be delivered receivable by Landlord for items of cost included in Landlord's Operating Costs (except for reimbursements to Landlord by tenants under the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) additional rent provisions of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the leasetheir respective leases), including any extensions thereoftax refunds realized as a result of any abatement proceeding or otherwise. Landlord hereby covenants and agrees that, provided Tenant has paid Real Estate Taxes to Landlord in a timely manner as hereunder set forth, Landlord will pay such Real Estate Taxes to the taxing authority when the same are due and payable.

Appears in 1 contract

Samples: And Attornment Agreement (Rsa Security Inc/De/)

Real Estate Taxes. (a) Tenant Grantor, with respect to Grantor’s Property outside of the Generation Facilities Easement Area, and Grantee, with respect to the Generation Facilities and the Generation Facilities Easement Area, shall further paypay and discharge all of the following (“Real Estate Taxes”) whether or not now within the contemplation of the Parties hereto: (i) all real estate taxes, at its own cost assessments, and, except for water and expensesewer charges and assessments, all taxes and assessments sewer rents and other governmental impositions and charges charges, taxes, rents, levies, and sums of every kind and or nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which as shall at any time be imposed by any governmental or may during the term be charged, laid, levied, assessed, imposed, become due and payablepublic authority on, or liens uponbecome a lien in respect of, the Grantor’s Property or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein Generation Facilities or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises which may become due and payable with respect thereto, and any and all taxes chargedtaxes, laidassessments, and charges levied, assessed or imposed upon Grantor’s Property or the Generation Facilities in lieu of of, or in addition to to, the foregoing foregoing, under or by virtue of all any present or future laws, ordinancesrules, requirements, orders, directionsdirectives, rules ordinances, or regulations of the FederalUnited States of America, stateor of the State of ________ or of any subdivision thereof, county or of any lawful governmental authority whatsoever, and municipal governments any interest or penalties thereon, and of (ii) all other governmental authorities whatsoevertaxes (excluding gains, sales, and income taxes but including occupancy taxes which are measured by income) measured by ownership of Grantor’s Property or the Generation Facilities. If at Grantee shall pay and discharge all levies and assessments for water, water meter (including any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit expenses incident to the Landlord satisfactory evidence of payment by Tenant installation, repair, or replacement of any such tax assessment, water rent, rate or charge, meter) and sewer charge or other governmental imposition or charge, and said proof or payment must be delivered all rents with respect to water and sewer which provide service to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofGeneration Facilities.

Appears in 1 contract

Samples: Easement and License Agreement (Calpine Corp)

Real Estate Taxes. Real Estate Taxes shall be defined as (ai) Tenant shall further payall real property taxes, at its own cost assessments that are assessed, levied, or imposed on the land, buildings, and/or other improvements comprising all or part of the Project, or which are otherwise imposed in connection with the ownership, leasing, and expenseoperation of the Project; (ii) all personal property taxes levied by any public authority on personal property of Landlord used in the management, operation, maintenance and repair of the Project, (iii) all taxes taxes, assessments and assessments sewer rents and other governmental impositions and charges reassessments of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall whatsoever levied or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition substitution for existing or additional real or personal property taxes and assessments on the Project, including any so-called value-added tax, and (iv) amounts necessary to be expended because of governmental orders, charges or other actions, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during or are allocable to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demandTerm; further, Tenant shall produce reimburse Landlord within 30 days after demand for all taxes and exhibit assessments required to be paid by Landlord (except to the extent included in Real Estate Taxes by Landlord), when (a) such taxes are measured by or reasonably attributable to the cost or value of (i) Tenant’s equipment, furniture, fixtures and other personal property located in the Premises, or (ii) the Tenant Work or any other leasehold improvements made in or to the Premises by or for Tenant, to the extent the cost or value of such Tenant Work or other leasehold improvements exceeds the cost or value of a Building standard build-out as reasonably determined by Landlord satisfactory evidence regardless of payment whether title to such Tenant Work or improvements is vested in Tenant or Landlord; (b) such taxes are assessed upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion of the Project (including the Parking Facilities); or (c) such taxes are assessed upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises, or upon rent or receipts (including any business license tax or gross receipts tax based on the rents or other revenues received by Landlord), the square footage of land or improvements within the Project, or the occupancy by tenants of space within the Project. The Building and the Other Buildings (except for the Amenity Building, which is part of the Building 3 tax parcel) each constitute separate tax parcels, but with respect to Real Estate Taxes shared among the Building and one or more Other Buildings or relating to amenities or services provided only to, or used on a disproportionate basis by specific tenants, Landlord shall allocate on an equitable basis such Real Estate Taxes to the Building and Other Buildings or among specific tenants of the Project, as determined in Landlord’s reasonable discretion; provided that fifty percent (50%) of the Real Estate Taxes of the Amenity Building and the Phase II Common Area, twenty five percent (25%) of the Real Estate Taxes of the Sports Park and forty percent (40%) of the Real Estate Taxes of the Phase II Parking Garage shall be allocated to the Building. Real Estate Taxes include any and all increases in Real Estate Taxes resulting from a change in ownership or new construction with respect to the Premises, the Building or the Project. Further, for the purposes of this Article VII, Real Estate Taxes shall include the reasonable expenses (including, without limitation, reasonable attorneys’ fees) incurred by Landlord in challenging or obtaining or attempting to obtain a reduction of such Real Estate Taxes, regardless of the outcome of such challenge, and any costs incurred by Landlord for compliance, review and appeal of tax liabilities. Notwithstanding the foregoing, Landlord shall have no obligation to challenge Real Estate Taxes. If as a result of any such challenge, a tax assessmentrefund is made to Landlord, water rentthen provided no Event of Default exists under this Lease, rate the net amount of such refund after payment of all reasonable costs and expenses of the challenge shall be deducted from Real Estate Taxes due in the Calendar Year such refund is received and credited to Real Estate Tax Rental or charge, sewer charge refunded to Tenant in accordance with Section 4.3. In the case of any Real Estate Taxes which may be evidenced by improvement or other governmental imposition bonds or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual or other periodic installments, at the option of the payer, Tenant may make payments Landlord shall elect to cause such bonds to be issued or cause such assessment to be paid in installments rather than over the maximum period permitted by law. Nothing contained in a lump sumthis Lease shall require Tenant to pay any capital stock, franchise, gift, estate, inheritance or succession transfer tax of Landlord, or any income, profits or revenue tax or charge, upon the net income of Landlord from all sources. Further, Landlord shall not include in Real Estate Taxes any late payment charges, interest and penalties caused by Landlord’s late payment of Real Estate Taxes to the applicable governmental authority. Tenant will be obligated hereby waives any and all rights to pay only protest appraised values or to receive notice of reappraised values regarding the installments due during the term Project or other property of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Office Lease (Bill.com Holdings, Inc.)

Real Estate Taxes. Real Estate Taxes" shall be defined as including the following items: (ai) Tenant shall further pay, at its own cost and expense, all taxes and real estate taxes; (ii) assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, imposed against such land and/or buildings or the sidewalks rents or streets in front of or adjoining profits therefrom to the demised premises and all taxes charged, laid, levied, assessed or imposed extent that the same shall be in lieu of all or any portion of any items hereinabove set forth, and (iii) all water and sewer rents, charges, taxes, and frontage assessed or imposed. If due to a change in the method of taxation, any franchise, income, profit, or other tax, however designated, shall be levied against Lessor's interest in the property in whole or in addition to part for or in lieu of any tax which would otherwise constitute Real Estate Taxes, such taxes shall be included in the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverterm "Real Estate Taxes" for purposes hereof. If at All such payments shall be approximately prorated for any time during partial calendar years in which the term of this lease Landlord Lease shall make written demand, Tenant commence or expire. A copy of the tax xxxx shall produce and exhibit to the Landlord satisfactory be sufficient evidence of the amount of Real Estate Taxes. Only Lessor shall be eligible to institute tax reduction or other proceedings to reduce the assessed valuation of the land and buildings. Should Lessor be successful in any such reduction proceedings and obtain a rebate for periods during which Lessee has paid its share of increases, and provided that Lessee is not in default in payment by Tenant of rent or additional rent due under this Lease, Lessor shall, after deducting its expenses, including, without limitation, attorneys' fees and disbursements in connection therewith, promptly return Lessee's pro rata share of such rebate after Lessor has received such proceeds. Lessee may not obtain any portion of the benefits which may accrue to Lessor from any reduction in Real Estate Taxes for any year below those imposed in the Basic Tax Year. Along with notification of any such tax assessmentincreases in Real Estate Taxes for which the Lessor requests payment from Lessee, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty Lessor shall also furnish (20i) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option a copy of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.current tax xxxx,

Appears in 1 contract

Samples: Lease Extension and Amendment Agreement (Express Scripts Inc)

Real Estate Taxes. Tenant shall pay to Landlord in accordance with Section 4.2.6 below: (i) Tenant’s Share of all taxes, assessments (special or otherwise), levies, fees, water and sewer rents and charges, and all other government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are, at any time during the Term hereof, payable, imposed or levied upon or assessed against the Building and the Lot, or against any Annual Fixed Rent, Additional Rent or other rent of any kind or nature payable to Landlord by Tenant on account of the ownership, leasing or operation of the Building or Lot, or which arise on account of or in respect of the ownership, development, leasing, operation, or use of the Building or Lot, excluding interest and penalties not attributable to Tenant’s default, and (ii) all charges for utilities furnished to the Premises which may become a lien on the Premises (collectively “taxes and assessments” or if singular “tax or assessment”); provided that for any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within 20 days after receipt of invoice therefor, Tenant’s Share of the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period, and provided further that Landlord shall elect to pay any special assessment over the maximum time period permitted by law. Taxes shall not include penalties or interest for the late payment of taxes or assessments, unless such late payment is attributable to an act or omission of Tenant. The amount of special taxes or special assessments shall be limited to the amount of the installment (plus any interest, other than penalty interest, payable thereon) of such special tax or special assessment required to be paid during the year in respect of which such taxes are being determined. In the event that at any time Tenant is liable for the payment of real estate taxes and the Lot has not been recognized as a separate tax lot as shown on the Subdivision Plan, the real estate taxes for which Tenant shall be responsible for Tenant’s Share shall be calculated on the basis of (a) 100% of the real estate taxes on the Building, and (b) 44% of the real estate taxes on the original land area of approximately 47.15 acres. The parties further acknowledge that the Park Covenants provide in certain circumstances for an allocation of real estate taxes among lots in the event of a subdivision, and in the event of such allocation, the real estate taxes for which Tenant is responsible hereunder shall reflect any such allocation. Landlord agrees diligently to pursue, and use good faith efforts to obtain from the Town of Xxxxxxx, an amendment to the existing Tax Increment Financing Agreement (the “TIF Agreement”) based upon Tenant’s intended occupancy of the Building. The failure to obtain an amendment to the TIF Agreement for any reason shall not modify in any way Tenant’s obligations hereunder. However, if an amendment to the TIF Agreement is obtained on behalf of Tenant, real estate taxes payable hereunder by Tenant shall further paybe equitably adjusted so that Tenant receives one hundred (100%) percent of the benefit of such TIF Agreement allocable to the Premises contemporaneously with the time periods during which such benefits are realized. Conversely, at if a separate or amended TIF Agreement is or has been obtained for any other tenant from time to time, Tenant shall not share in any benefit therefrom in the calculation of real estate taxes payable by Tenant. Landlord shall be responsible for all of its own cost costs and expense, all taxes and assessments sewer rents and other governmental impositions and charges expenses associated with attempting to obtain an amendment to the TIF Agreement for Tenant. Landlord shall keep Tenant informed of every kind and nature whatsoever, extraordinary as well as ordinarythe progress of its efforts to obtain an amendment to the TIF Agreement, and each Tenant agrees, upon request of Landlord, to reasonably cooperate with and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise provide information to Landlord in connection with Landlord’s effort to obtain an amendment to the useTIF Agreement for Tenant. Nothing contained in this Lease shall, occupancy however, require Tenant to pay any franchise, corporate, estate, inheritance, succession capital levy or possession transfer tax of the demised premises Landlord, or any appurtenances income, profits or equipment thereon revenue tax or therein charge upon the rent payable by Tenant under this Lease unless (a) such tax is imposed, levied or assessed in substitution for any part thereofother tax or assessment which Tenant is required to pay pursuant to this Section 4.2.l, or (b) if at any time during the sidewalks or streets Term of this Lease, the method of taxation shall be changed such that in front lieu of or adjoining the demised premises and all taxes charged, laid, now payable there shall be levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease on Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge a capital levy or other governmental imposition tax directly on the rents received from the Premises and/or any tax or chargeassessment measured by or based, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.in

Appears in 1 contract

Samples: Lease (LTX Corp)

Real Estate Taxes. (a) Tenant shall further paypay directly to the Landlord: (i) all taxes, at its own cost assessments to the extent due and expensepayable (special or otherwise), all taxes levies, fees, water and assessments sewer rents and charges, and all other governmental impositions government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, (and Tenant's Proportionate Fraction of any such taxes, assessments, levies, fees and charges of every kind and nature whatsoeverif they are assessed against the entire Building or Lot) which are, extraordinary as well as ordinary, and each and every installment thereof, which shall at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises or the Building or the Lot, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (c) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or any appurtenances or equipment thereon or therein or any part thereof, use of the Premises or the sidewalks Building or streets in front of the Lot; (ii) all gross receipts or adjoining the demised premises similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and all similar taxes charged, laid, at any time levied, assessed or imposed in lieu payable on account of the leasing or in addition use of the Premises (and Tenant's Proportionate Fraction of any such taxes if they are levied, assessed or payable on account of the acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the foregoing under or by virtue Premises (and Tenant's Proportionate Fraction of all present charges for utilities furnished to the entire Building or future lawsLot) which may become a lien on the Building or the Lot or the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). For each tax or assessment period, ordinancesor installment period thereof, requirementswholly included in the Term, ordersall such payments shall be made by Tenant not less than five (5) days prior to the last date on which the same may be paid without interest or penalty, directionsprovided that Tenant receives any such invoice for payment at least thirty (30) days before said amount is due. For any fraction of a tax or assessment period, rules or regulations installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. At Landlord's option, Tenant shall pay taxes and assessments in accordance with Section 4.2.5 hereof. In the event that Tenant, together with all of the Federalother tenants in the Building, staterequests that Landlord apply for any abatement of, county or otherwise contest, any tax or assessment, Landlord shall file such abatement or otherwise contest such tax or assessment and municipal governments shall diligently pursue the same to completion, provided that (i) Landlord receives notice of such request from Tenant and of all other governmental authorities whatsoevertenants in the Building at least 30 days prior to the last day on which such abatement or contest may validly be made under applicable law, and (ii) the expenses of such proceedings, including, without limitation, any penalties, interest, late fees or charges, and attorneys' fees incurred as a result thereof, shall be included in the Annual Maintenance Charge of the then current fiscal year. If Nothing contained in this Lease shall, however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes ("Excluded Taxes"), estate, succession, inheritance or transfer taxes, provided, however, that if at any time during the term Term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Building or the Lot, or all of them, or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based, in whole or in part, upon gross rents, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord, and (ii) only that portion of the Substitute Taxes in excess of the Excluded Taxes shall be payable by Tenant. Landlord shall make written demand, furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: Millennium Pharmaceuticals Inc

Real Estate Taxes. (a) Tenant shall further paypay directly to the Landlord; (i) all taxes, at its own cost assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and charges, and all other governmental impositions government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, (and Tenant's Proportionate Fraction of any such taxes, assessments, levies, fees and charges of every kind and nature whatsoeverif they are assessed against the entire Building or Lot) which are, extraordinary as well as ordinary, and each and every installment thereof, which shall at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises or the Building or the Lot, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or any appurtenances or equipment thereon or therein or any part thereof, use of the Premises or the sidewalks Building or streets in front of the Lot; (ii) all gross receipts or adjoining the demised premises similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and all similar taxes charged, laid, at any time levied, assessed or imposed in lieu payable on account of the acquisition, leasing or in addition use of the Premises (and Tenant's Proportionate Fraction of any such taxes if they are levied, assessed or payable on account of the acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the foregoing under or by virtue Premises (and Tenant's Proportionate Fraction of all present charges for utilities furnished to the entire Building or future lawsLot) which may become a lien on the Building or the Lot or the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). For each tax or assessment period, ordinancesor installment period thereof, requirementswholly included in the Term, ordersall such payments shall be made by Tenant not less than five (5) days prior to the last date on which the same may be paid without interest or penalty. For any fraction of a tax or assessment period, directionsor installment period thereof, rules included in the Term at the beginning or regulations end thereof, Tenant shall pay to Landlord, within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. At Landlord's option, Tenant shall pay taxes and assessments in accordance with Section 4.2.5 hereof. In the event that Tenant, together with all of the Federalother tenants in the Building, staterequests that Landlord apply for any abatement of, county or otherwise contest, any tax or assessment, Landlord shall file such abatement or otherwise contest such tax or assessment and municipal governments shall diligently pursue the same to completion, provided that (i) Landlord receives notice of such request from Tenant and of all other governmental authorities whatsoevertenants in the Building at least 30 days prior to the last day on which such abatement or contest may validly be made under applicable law, and (ii) the expenses of such proceedings, including, without limitation, any penalties, interest, late fees or charges, and attorneys' fees incurred as a result thereof, shall be included in the Annual Maintenance Charge of the then current fiscal year. If Nothing contained in this Lease shall, however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes ("Excluded Taxes"), estate, succession, inheritance or transfer taxes, provided, however, that if at any time during the term Term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Building or the Lot, or all of them, or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based, in whole or in part, upon gross rents, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord, and (ii) only that portion of the Substitute Taxes in excess of the Excluded Taxes shall be payable by Tenant. Landlord shall make written demand, furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: Lease (BioMed Realty Trust Inc)

Real Estate Taxes. (a) Tenant shall further paypay to the appropriate taxing or governmental authority all taxes, at its own cost assessments (special, betterment or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinarycharges, and each all other government levies and every installment thereofcharges, general and special, ordinary and extraordinary, foreseen and unforeseen, which shall are, at any time prior to or may during the term be chargedhereof, laidimposed or levied upon or assessed against the Lot or Building (collectively "taxes and assessments" or if singular "tax or assessment"). If, leviedby law, assessed, imposed, become due and any tax or assessment is payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payertaxpayer be paid, Tenant may make payments in installments rather than in a lump sum. (whether or not any interest shall accrue on the unpaid balance of such tax or assessment), unless Tenant will be obligated shall otherwise direct, Landlord shall elect to pay the same in installments over a period of time to be mutually agreed to by Landlord and Tenant but in no event longer than the longest amortization period available to the taxpayer, and only the installments thereof (and interest thereon) becoming due during the term shall be payable by Tenant hereunder. All payments shall be made by Tenant on or before the due date of such taxes and assessments, but in no event shall Tenant be liable for any payment until fifteen (15) days after Landlord shall have delivered the leasetax xxxx therefor to Tenant, including and if any extensions thereofpenalty or interest shall accrue because Landlord shall not have timely delivered any such xxxx to Tenant, Landlord shall pay such penalty or interest. Taxes or assessments shall not include any income taxes, excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance or transfer taxes.

Appears in 1 contract

Samples: Lease (Impac Group Inc /De/)

Real Estate Taxes. “Real Estate Taxes” which shall mean: (ai) Tenant shall further payall real estate taxes, at its own cost and expenseassessments, all levies, impositions or charges on the Building or the Property (adjusted after protest or litigation, if any) for any part of the Term of this Lease, exclusive of penalties, provided, it is understood that real estate taxes and assessments sewer rents on the Building and other governmental impositions and charges improvements on the Property are subject to a 100% exemption from taxes pursuant to the terms of every kind and nature whatsoeverthe CRA Agreement, extraordinary as well as ordinaryfurther set forth in Section 4.03 hereof, and each and every installment thereof, (ii) any taxes which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed levied in lieu of any such ad valorem real estate taxes, (iii) any special assessments for benefits on or in addition to the foregoing under Building or the Property paid in annual installments by virtue of all present Landlord, (iv) occupational taxes or future laws, ordinances, requirements, orders, directions, rules or regulations excise taxes levied on rentals derived from the operation of the FederalBuilding or the privilege of leasing property, stateand (v) the expense of protesting, county and municipal governments and of all other governmental authorities whatsoever. If at any time during negotiating or contesting the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant amount or validity of any such tax assessmenttaxes, water rentcharges or assessments, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must such expense to be delivered applicable to the Landlord not later than twenty period of the item contested, protested or negotiated;. If the Term of the Lease shall end during a tax calendar year (20) days after Landlord’s written demand therefor. Except as set forth in section (b“tax calendar year” shall mean each annual period for which real estate taxes are assessed and levied) of this articlewhich part only is included in the Term hereof, payments the amount of all aforesaid charges such Additional Rent shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, prorated on a per diem basis and other costs. With respect to assessments that may shall be paid in installments, at on or before the option last day of the payerTerm. If the Term ends in any tax calendar year before the amount to be payable by Tenant has been determined under the provisions of this Section, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only an amount payable for the installments due portion of the Term during the term of tax calendar year shall be reasonably estimated by Landlord and the lease, including any extensions thereofestimated amount shall be promptly paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Bare Escentuals Inc)

Real Estate Taxes. (a) Tenant The Landlord shall further pay, at its own cost and expense, pay all real estate taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may assessed against the leased Premises during the term be charged, laid, levied, assessed, imposed, become due and payable, of this Lease subject to reimbursement by the Tenant as provided under Paragraph 2.C.2 above. Tenant shall reimburse Landlord for any other assessments or liens upon, or fees which may arise in connection with the use, occupancy or possession future be levied against the use of the demised premises Premises by the Town of Hartford or any appurtenances other governing body or equipment thereon public utility including, but not limited to real estate or therein ad valorem taxes. Tenant shall also pay to the appropriate taxing authority the amount of all assessments, impositions and taxes made, levied or assessed against or imposed upon any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu property of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverTenant. If at any time during the term of this lease Landlord Lease the methods of taxation prevailing at the execution hereof shall make written demandbe changed or altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now or from time to time hereafter levied, Tenant assessed or imposed by applicable taxing authorities, there shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax be imposed (i) a tax, assessment, water rentlevy, rate or charge, sewer charge or other governmental imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received from the Premises, or (ii) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based in whole or in part upon the Premises and said proof imposed upon Landlord, or payment must (iii) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies, impositions and/or charges, or the part thereof so measured or based shall be delivered deemed to be included in the general real estate taxes and assessments payable by Tenant pursuant hereto, to the extent that such taxes, assessments, levies, impositions and charges would be payable if the Premises were the only property of Landlord not later than twenty subject thereto, and Tenant shall pay and discharge the same as herein provided in respect of the payment of general real estate taxes and assessments. The Tenant, after notice to the Landlord, may contest in good faith, by appropriate proceedings conducted promptly at the Tenant's expense, in the Tenant's name or (20whenever necessary) days after in the Landlord’s written demand therefor. Except as set forth in section (b) of this article's name, payments of all aforesaid any such taxes, assessments, duties or charges shall be timely made by and the Landlord agrees to cooperate reasonably with the Tenant in order and to avoid execute any documents or pleadings reasonably required for such purpose, provided that the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including Landlord shall not incur any extensions thereof.expense or

Appears in 1 contract

Samples: Lease Agreement (Creative Biomolecules Inc)

Real Estate Taxes. (a) Tenant Real Estate Taxes" shall further paymean all taxes, at its own cost assessments and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, betterments levied, assessed or imposed by any governmental authority upon or against the Property or Building or payments in lieu thereof, including reasonable expenses, which shall include without limitation, reasonable fees of attorneys, appraisers and other consultants incurred in connection with any efforts to obtain abatements or reductions or to assure maintenance of Landlord's taxes for any tax fiscal year wholly or partially included in addition to the foregoing under or by virtue of all present or future lawsTerm. If, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term Term of this lease Lease, any tax or excise on rents or other taxes, however described, are levied or assessed against Landlord with respect to the rent reserved hereunder, either wholly or partially in substitution for, or in addition to, real estate taxes assessed or levied on the Property or Building, or payments in lieu thereof, such tax or excise on rents shall be included in Taxes; however, Taxes shall not include franchise, estate, inheritance, succession, capital levy, transfer, income or excess profits taxes assessed to Landlord. Tenant shall have the right, at its sole cost and expense, to contest the amount of Real Estate Taxes levied or assessed against the Premises or the validity thereof by appropriate legal proceedings or in such other manner as it shall deem reasonably suitable, and Landlord shall make written demandjoin in such contest, protest or proceeding, but at Tenant's sole cost and expense. Any refund obtained by Tenant shall produce be paid to Landlord; PROVIDED, HOWEVER, in the event Tenant's then current charges for Real Estate Taxes and exhibit Operating Costs (as defined in ss.5.3 below) exceed the actual first lease-year Tax and Expense Stop (as defined in ss.5.4 below), to the extent actually received by Landlord satisfactory evidence of payment by Tenant of any from the taxing authorities, such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges refund shall be timely made applied by Landlord against such increase (but never below the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofBase Year Rate).

Appears in 1 contract

Samples: Lease Agreement (Applix Inc /Ma/)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, Landlord will pay in the first instance all taxes and assessments which are assessed or imposed upon the Shopping Center or any part thereof, and due and/or payable during the term of this lease. The Tenant shall reimburse the Landlord its pro rata share of all monies paid by the Landlord for real estate taxes as herein provided. Such proration shall be determined as set forth in Section 6.04 hereof. Such reimbursement shall be made as set forth under Article VI hereof. For the purpose of this Section, the term "Taxes" shall include all real estate taxes, taxes imposed on rents or in lieu of real estate taxes or taxes on rents, taxes attributable to improvements to the Shopping Center or any part thereof made by any Tenant or by Landlord, or attributable to the installation in the Shopping Center or any part thereof of fixtures, machinery, or equipment by any tenant or by Landlord, assessments, water and sewer rents rents, if billed by the appropriate authority as a tax rather than a utility charge, and other governmental impositions and charges of every kind and nature whatsoever, whatsoever extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term of this Lease or any extension or renewal thereof be charged, laid, levied, assessed, imposed, become due and and/or payable, or liens upon, or which may arise in connection with the use, occupancy or possession of of, or grow due or payable out of, or for, the demised premises or any appurtenances or equipment thereon or therein Shopping Center or any part thereof, or the sidewalks any land, buildings or streets in front other improvements therein, excluding, however, any of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under relating to any parcel included in the Shopping Center which is occupied with only one prime Tenant or Landlord and which comprises a separate tax lot for the purpose of assessment for real estate taxes. Such term shall not include any charge, such as a water meter charge or the sewer rent based thereon, which is measured by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations the consumption by the actual user of the Federalitem or service for which the charge is made, statenor shall such term include any tax on the Landlord's income which is personal in nature or any inheritance tax arising out of the death of the Landlord, county and municipal governments and of all other governmental authorities whatsoeverif applicable. If at any time during the term of this lease Landlord Nothing herein contained shall make written demand, Tenant shall produce and exhibit be construed to the Landlord satisfactory evidence of payment by Tenant of limit Landlord's right to contest any such tax assessment, water rent, rate taxes it feels are burdensome nor obligate Landlord to contest any such taxes which either Landlord or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereoffeels are burdensome.

Appears in 1 contract

Samples: Lease (Americasbank Corp)

Real Estate Taxes. (a) Tenant shall further payreimburse Landlord for all Taxes that accrue against the Premises during the Lease Term. Landlord shall provide tenant with a copy of the tax appraisal every year of the lease term within 15 days of Landlord’s receipt of such appraisal. Tenant shall be entitled to confer with Landlord as to the appraised value of the Premises and make recommendations regarding the accurateness of the appraisal. Landlord shall have the sole right to contest by appropriate legal proceedings the amount, validity, or application of any Taxes or liens thereof. All ad valorem taxes, capital levies or other taxes assessed or imposed on Landlord upon the rents payable to Landlord under this Lease and any franchise tax, any excise, transaction, sales or privilege tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents from the Premises or any portion thereof shall be paid by Tenant to Landlord monthly in estimated installments or upon demand, at its own cost the option of Landlord, as Additional Rent. If any such tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and expense, shall pay the same at such times and in such manner as the taxing authority shall require. Tenant shall be liable for all taxes and assessments sewer rents and levied or assessed against any personal property or fixtures placed in the Premises, whether levied or assessed against Landlord or Tenant. Notwithstanding any of the foregoing, nothing herein shall obligate Tenant to pay the following: (A) income, excess profits, revenue, franchise or other governmental impositions and charges taxes of every kind and nature whatsoeverLandlord which are determined on the basis of Landlord’s net income or net worth (unless such taxes are in lieu of or a substitute for any other tax, extraordinary as well as ordinaryassessment or other charge upon or with respect to the Premises which, and each and every installment thereofif it were in effect, which shall would be payable by Tenant under the provisions hereof or may during by the term be chargedterms of such tax, laidassessment or other charge), levied(B) any estate, assessedinheritance, imposedsuccession, become due and payablecapital levy, transfer, gift or liens uponsimilar tax imposed on Landlord or any other owner of the fee of the Premises, or which may arise (C) any capital gains tax imposed on Landlord in connection with the use, occupancy or possession sale of the demised premises Premises to any person or entity, (D) any appurtenances or equipment thereon or therein or any part thereofincome, profits, or the sidewalks or streets in front of or adjoining the demised premises and all taxes chargedrevenue tax, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge imposed upon the Base Rent or Additional Rent or other benefit received by Landlord under this Lease by any governmental imposition authority, or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20E) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option fines on any of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofforegoing.

Appears in 1 contract

Samples: Lease Agreement (Powell Industries Inc)

Real Estate Taxes. (a) Tenant shall further paypay directly to the Landlord: (i) all taxes, at its own cost assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and charges, and all other governmental impositions government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen (and Tenant's Proportionate Fraction of any such taxes, assessments, levies, fees and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereofif they are assessed against the entire Building or Lot), which shall are, at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises or the Building or the Lot, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or any appurtenances or equipment thereon or therein or any part thereof, use of the Premises or the sidewalks Building or streets in front of the Lot; (ii) all gross receipts or adjoining the demised premises similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder, (iii) all sales, value added, use and all similar taxes charged, laid, at any time levied, assessed or imposed in lieu payable on account of the acquisition, leasing or in addition use of the Premises (and Tenant's Proportionate Fraction of any such taxes if they are levied, assessed or payable on account of the acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the foregoing under or by virtue Premises (and Tenant's Proportionate Fraction of all present charges for utilities furnished to the entire Building or future lawsLot) which may become a lien on the Building or the Lot or the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). For each tax or assessment period, ordinancesor installment period thereof, requirementswholly included in the Term, ordersall such payments shall be made by Tenant not less than five (5) days prior to the last date on which the same may be paid without interest or penalty. For any fraction of a tax or assessment period, directionsor installment period thereof, rules included in the Term at the beginning or regulations end thereof, Tenant shall pay to Landlord, within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. At Landlord's option, Tenant shall pay taxes and assessments in accordance with Section 4.2.5 hereof. Anything herein to the contrary notwithstanding, if and to the extent that the Lot is not a separately assessed parcel, Landlord shall make a fair and reasonable allocation of any taxes and assessments between the Lot and the remaining parcel of land of which the Lot is a part. In the event that Tenant requests that Landlord apply for any abatement of, or otherwise contest, any tax or assessment, Landlord shall file such abatement or otherwise contest such tax or assessment and shall diligently pursue the same to completion, provided that (i) Landlord receives notice of such request from Tenant be made under applicable law, and (ii) the expenses of such proceedings, including, without limitation, any penalties, interest, late fees or charges, and attorneys' fees incurred as a result thereof, shall be included in the Annual Maintenance Charge of the Federalthen current fiscal year. Nothing contained in this Lease shall, statehowever, county and municipal governments and of all other governmental authorities whatsoever. If require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes ("Excluded Taxes"), estate, succession, inheritance or transfer taxes, provided, however, that if at any time during the term Term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Building or the Lot, or all of them, or a federal, stale, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based, whole or in part, upon gross rests, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord, and (ii) only that portion of the Substitute Taxes in excess of the Excluded Taxes shall, be payable by Tenant. Landlord shall make written demand, furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: Lease (BioMed Realty Trust Inc)

Real Estate Taxes. (a) Real Estate Taxes shall mean all taxes levied or ----------------- assessed by, or becoming payable to the municipality or any governmental authority having jurisdiction of the Property for each tax period wholly included in the Term; provided that for any fraction of a tax period included in the Term at the end thereof, Tenant shall further paypay to Landlord, Tenant's Proportionate Share of the fraction of taxes so levied or assessed or becoming payable which is allocable to such included period. Nothing contained in this Lease shall, however, require Tenant to pay any franchise, corporate, estate, inheritance, succession, capital levy or transfer tax of Landlord, or any income, profits or revenue tax or charge upon the rent payable by Tenant under this Lease; provided, however, that if, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may any time during the term be chargedTerm, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with under the use, occupancy or possession laws of the demised premises United States or any appurtenances state of political subdivision thereof in which the Premises are situated, there shall be adopted some other method of taxation on real estate as a substitute in whole or equipment thereon or therein or any in part thereoffor taxes on real estate as now constituted such as tax on the Fixed Rent, Additional Rent or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, other charges payable by Tenant hereunder by whatever name called is levied, assessed or imposed in lieu against Landlord or the Fixed Rent or Additional Rent or other charges payable hereunder to Landlord, (which substitute tax on the Fixed Rent, Additional Rent, or other charges or other substitute method of or in addition taxation are hereinafter collectively referred to as "Substitute Taxes"), Tenant, to the foregoing under or by virtue extent that such Substitute Taxes are means of all present or future laws, ordinances, requirements, orders, directions, rules or regulations raising revenue from real estate shall pay Tenant's Proportionate Share of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty Substitute Taxes within thirty (2030) days after Landlord’s written demand thereforinvoice. Except as set forth in section (b) of this article, payments of all aforesaid charges In the event that any such Substitute Taxes shall be timely made by based upon the Tenant in order to avoid the assessments income of interestLandlord, penalties, and other costs. With then Tenant's obligation with respect to assessments that may the aforesaid Substitute Taxes shall be paid in installments, limited to the amount thereof as computed at the option rates that would be payable if the rent reserved hereunder were the sole taxable net income of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Lease Agreement (Organogenesis Inc)

Real Estate Taxes. (a) Landlord and Tenant shall further payuse their best reasonable efforts to have the Town of St. Johnsbury separately assess the demised premises for local real estate tax purposes. If successful, at its own cost Tenant shall pay as additional rent the real estate taxes assessed on the demised premises for each tax year. In the event Landlord and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during Tenant are not successful in obtaining the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession assessment of the demised premises or any appurtenances or equipment thereon or therein or any part thereofseparately, or Tenant shall pay to Landlord, as additional rent its prorated portion of the sidewalks or streets in front of or adjoining real estate taxes upon the demised premises and all taxes charged, laid, levied, assessed for each tax year (or imposed in lieu portion of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time a tax year) during the term of this lease Lease. Computation of any prorated real estate taxes for any partial year shall be on a per diem basis. If there shall be more than one taxing authority, the real estate taxes for any period shall be the sum of the real estate taxes for said period attributable to each taxing authority. Real estate taxes upon the demised premises shall be equal to the product of the real estate taxes upon the land and buildings of the Shopping Center multiplied by Tenant's Fraction (as hereinafter defined). Tenant's Fraction shall be a fraction the numerator of which is the number of square feet of ground floor area in the demised premises (2,394 square feet) and the denominator of which is the number of square feet of ground floor area in the entire shopping center building (including the demised premises) (approximately 47,054 square feet), as shown on the attached Exhibit A. Whether or not the demised premises are separately assessed, the Tenant's share of the real estate taxes assessed against the common area and the land comprising the Shopping Center shall be equal to the product of the real estate taxes assessed upon the common area and the land comprising the Shopping Center multiplied by the Tenant's fraction. Landlord shall make written demandgive to Tenant a copy of each tax bill received by Landlord xxx the Shopping Center, together with a computation showing Tenant's share thereof as above provided. Tenant shall produce and exhibit pay to Landlord Tenant's portion of the real estate taxes upon the demised premises not separately assessed to Tenant no later than seven (7) days prior to the Landlord satisfactory evidence of payment by due date(s) therefor for any tax year. Tenant of shall pay promptly to the appropriate taxing authority on or before the due date therefor all property taxes separately assessed to Tenant against the demised premises, provided, however, that Tenant reserves its right to protest or appeal any such assessment or tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth appraisal in section (b) accordance with applicable provisions of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereoflaw.

Appears in 1 contract

Samples: Lease Agreement (Community Bancorp /Vt)

Real Estate Taxes. (a) Tenant shall further payAll real estate taxes, at its own cost and expenseassessments, all improvements or benefits, water, sewer or other rents, occupancy taxes and assessments sewer rents and other governmental impositions impositions, and any fees paid by Landlord to consultants, attorneys and other professionals who monitor, negotiate and/or contest any or all above-described real estate charges, and charges of every kind and nature whatsoever, extraordinary as well as ordinarywhether general or special, foreseen or unforeseen (but excluding any interest and each and every installment thereofpenalties thereon), which shall or may at any time during the term Lease Term may be charged, laid, levied, assessed, imposed, become due and payable, payable or create liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises Center, but excluding any charge, such as a water meter charge and the sewer rent or service charge based thereon, which is measured by the consumption of the actual user of such item or service and for which a separate charge is made to tenants or other occupants of the Center. A tax bill or copy thereof submitted by Landlord to Tenant shall be conclusive evidence of the amount of the Real Estate Taxes or installment thereof; provided, however, Tenant shall have no obligation to pay any appurtenances interest or equipment thereon penalties shown on any such tax bill. Real Estate Taxes shall not include any inheritance, estate, succession, transfer, gift, corporation, income or therein profit tax or capital levy that is or may be imposed upon Landlord; provided, however, that if at any time during the Lease Term the methods of taxation prevailing on the Effective Date shall be altered so that in lieu of or as a substitute for the whole or any part thereof, or of the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, Real Estate Taxes then levied, assessed or imposed in lieu of on real estate there shall be levied, assessed or in addition to imposed (a) a tax on the foregoing under rents received from such real estate, or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) a license fee measured by the rents received or receivable by Landlord from the Center or any portion thereof (as opposed to a general income tax), or (c) a tax or license fee imposed upon Landlord which is otherwise measured by or based in whole or in part upon the economic value of this articlethe Center, payments of all aforesaid charges or any portion thereof, then the same shall be timely made by included in the Tenant in order to avoid computation of Tax Charge hereunder, computed as if the assessments amount of interest, penalties, and other costs. With respect to assessments such tax or fee so payable were that may which would be paid in installments, at due if the option Center were the only property of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofLandlord subject thereto.

Appears in 1 contract

Samples: Lease Agreement (Neoleukin Therapeutics, Inc.)

Real Estate Taxes. (a) A. Tenant shall further paypay as Additional Rent during the Term, at its own cost and expenseupon demand from time to time by Landlord, all taxes and assessments sewer rents and other governmental impositions and charges the "Proportionate Share" (an hereinafter defined) of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereofreal estate taxes, which shall may be made or may during imposed upon the term be chargedPremises ("Taxes"), laidother than income, leviedfranchise, assessedgross receipts, imposedcorporation, become due and payablecapital levy, excess profits, revenue, inheritance, devolution, gift, estate, payroll or stamp tax, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed other tax not in lieu of or in addition to the foregoing under or by virtue of all present or future lawsas substitute for real estate tax; provided, ordinanceshowever, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at that if any time during the term Term the methods of this lease Landlord taxation prevailing at the Commencement Date shall make written demandbe altered so as to cause the whole or any part of the Taxes to be imposed, wholly or partly, as a capital levy, on the rents received from the Premises or otherwise, or if any tax shall be measured by or based in whole or in part upon the value of the Premises and shall be imposed upon Landlord, then, to the extent that such other tax is a substitute for or is enacted in lieu of existing real estate tax, as described above, Tenant shall produce be responsible for payment, as Additional Rent, of all such Taxes. The maximum obligation of Tenant, however, shall be achieved by computing such substitute tax as if the Premises were the sole property of Landlord. Upon request of Tenant, Landlord shall execute all documents necessary for, and exhibit to will cooperate with Tenant with respect to, the prosecution, in Landlord's name, of appeals of the tax assessment against the Premises, provided that no such appeal shall be prosecuted if the prosecution thereof would, in Landlord's reasonable judgment, jeopardize Landlord's ownership of the Tract or create any lien or encumbrance thereon not adequately bonded or otherwise secured, and further provided that Landlord satisfactory evidence of payment by Tenant of shall incur no expense or obligation in connection with any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofappeals.

Appears in 1 contract

Samples: Lease Agreement (Imagex Com Inc)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, The total of all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall now or may during the term be charged, laid, levied, assessed, hereafter imposed, become due levied or assessed by any lawful authority upon or against the land, buildings and payableall other appurtenant improvements constituting the Building (whether such taxes and assessments are general, special or otherwise, ordinary or extraordinary, foreseen or unforeseen), including (without limitation) assessments for public and quasi-public improvements and any tax or excise hereafter imposed specifically upon the rents or gross receipts from the Building, but excluding any penalties, interest or other charges assessed as a result of delinquent payment or non-payment of all such aforesaid taxes and assessments. It is expressly understood and agreed that "increases" in such Real Estate Taxes shall include any increase resulting from a higher tax rate, from an increase in assessed valuation, from the imposition of special assessments, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or from any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities cause whatsoever. If at any time during "Tax Year" shall mean the term period (whether 12 months or less) with respect to which assessments of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely Real Estate Taxes are made by the Tenant taxing authorities having jurisdiction. Real Estate Taxes for each Tax Year shall be deemed to be the Real Estate Taxes payable in order respect of such Tax Year, even though the levy or assessment thereof may be made during different Tax Years. Reasonable expenses, including attorneys' fees and expert witness fees, incurred by Landlord in attempting to avoid obtain a reduction of real Estate Taxes shall be added to and included in the assessments amount of interestReal Estate Taxes, penaltieshowever, Landlord shall have no obligation to contest any levy or imposition of any Real Estate Taxes and other costs. With may settle, compromise or abandon any contest with respect to assessments that may be paid the amount of any Real Estate Taxes in installmentsits sole discretion. Refunds of Real Estate Taxes received by Landlord, at if any, shall accrue proportionately to Tenant's benefit in accordance with Tenant's space fraction in the option of the payer, Tenant may make payments in installments rather than in a lump sumBuilding. Tenant is responsible for paying its portion of Real Estate Taxes. The Tenants' portion of Real Estate Taxes will be obligated to pay only based upon the installments due during Tenants' Space Fraction times the term of Real Estate Taxes assessed against the lease, including any extensions thereofBuilding pro-rated for the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Cogent Communications Group Inc)

Real Estate Taxes. (a) Tenant Landlord shall further pay, at its own cost and expense, pay all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereofTaxes that accrue against the Property and/or Tower during the Term, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession deemed to be included as part of the demised premises Rent charged to Tenant. “Taxes” means any present or any appurtenances future federal, state, county, municipal or equipment thereon or therein or any part thereoflocal taxes, or the sidewalks or streets in front of or adjoining the demised premises assessments, levies, benefit charges, and/or other governmental and/or private impositions (including business park charges and all taxes charged, laiddues), levied, assessed and/or agreed to be imposed upon the Property and/or Tower, or imposed in lieu of upon the rent due and payable hereunder, whether or in addition to not now customary or within the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations contemplation of the FederalParties hereto and regardless of whether the same shall be extraordinary or ordinary, stategeneral or special, county and municipal governments and or similar or dissimilar to any of all other governmental authorities whatsoeverthe foregoing, but shall not include any inheritance, estate, succession, income, profits or franchise tax. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessmentor excise is levied or assessed directly against Tenant, water rentthen Tenant shall be responsible for and shall pay the same at such times and in such manner as the taxing authority requires. Tenant shall be liable for all taxes levied or assessed against Tenant’s personal property or Xxxxxx’s fixtures placed in the Premises, rate whether levied or chargeassessed against Landlord or Tenant. Landlord shall reasonably cooperate with Tenant, sewer charge at Xxxxxx’s expense, in filing, prosecuting and perfecting any appeal or other governmental imposition or charge, and said proof or payment must be delivered challenge to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except Taxes as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the leasepreceding sentence, including but not limited to, executing any extensions thereofconsent, appeal or other similar document. If, as a result of any appeal or challenge by Xxxxxx, there is a reduction, credit or repayment received by Landlord for any Taxes previously paid by Xxxxxx, Xxxxxxxx agrees to promptly reimburse to Tenant the amount of said reduction, credit or repayment. If Tenant does not have the standing rights to pursue a good faith and reasonable dispute of any Taxes under this section, Landlord will pursue such dispute at Tenant’s sole cost and expense upon written request of Xxxxxx.

Appears in 1 contract

Samples: Tower Cell

Real Estate Taxes. (a) Tenant Except to the extent of the obligation of Grantee to pay real estate taxes with respect to portions of the Grantor Property as provided in the Grantee Lease and except to the extent Grantor, without subjecting the Grantor Property or any part thereof to forfeiture, is diligently and continuously contesting such taxes in good faith, Grantor shall further pay, at its own cost and expenseon or before the due date thereof, all real estate taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise payable in connection with the use, occupancy or possession respect of the demised premises or any appurtenances or equipment thereon or therein or any part thereofGrantor Property, or including the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition areas subject to the foregoing under or by virtue Grantee Easements. In the event that Grantor shall be delinquent in the payment of all present or future lawssuch taxes and/or assessments, ordinancesGrantee shall have the right, requirementsupon and after the expiration of fifteen (15) days prior notice to Grantor, orders, directions, rules or regulations to cure any default of Grantor with respect to its obligations to pay real estate taxes and assessments and any penalties and interest thereon; and in the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant event of any such tax assessmentpayment(s) by Grantee, water rentthen Grantee shall have the right of reimbursement upon demand, rate with interest at the Prime Rate plus four percent (4%) per annum from the applicable payment dates, from Grantor, and, without limitation, Grantee shall have the right to offset the same against any and all amount of any nature which may be due from Grantee to Grantor (whether arising under this Agreement or charge, sewer charge or other governmental imposition or chargeotherwise), and said proof Grantee shall have a lien upon the Grantor Property in the amount so paid by Grantee, with such interest at the Prime Rate plus four percent (4%) per annum and Grantee's reasonable attorneys' fees, for all amounts not promptly reimbursed or offset. Grantor shall provide to Grantee promptly upon receipt thereof from the taxing authority, copies of any notice of default in payment must be delivered of any tax or assessment with respect to the Landlord not later Grantor Property. The lien allowed to Grantee under this Paragraph shall have priority over all liens (other than twenty (20a lien in favor of a governmental authority entitled to priority) days after Landlord’s written demand therefor. Except as set forth in section (b) then or thereafter placed upon the Grantor Property, including, without limitation, any lien of this article, payments a deed of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereoftrust.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Booth Creek Ski Holdings Inc)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, be responsible for all real property taxes and assessments general and special assessments, foreseen and unforeseen ("Real Estate Taxes"), which may be levied or assessed against the Premises for any tax year which is wholly or partly within any Lease Year. As used herein, the term "Real Estate Taxes" shall mean all real estate taxes, assessments, metropolitan district charges, sewer rents rents, ad valorem charges, water rents, front foot benefit charges, and all other governmental impositions and charges of every kind and in the nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or foregoing, including any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition sums levied pursuant to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverShopping Center Documents. If at any time during the term Term the method of this lease taxation prevailing at the commencement of the Term shall be altered so as to cause the whole or any part of the items constituting Real Estate Taxes to be levied, assessed or imposed wholly or partly as a capital levy, or otherwise, on the rents received from the Premises, wholly or partly in lieu of the imposition of, or the increase of, taxes in the nature of Real Estate Taxes issued against the Premises, then the charge to Landlord resulting from such altered method of taxation shall make written demandbe deemed to be within the definition of Real Estate Taxes. Landlord will have the Premises separately assessed and billed for the purpose of Real Estate Taxes. Should at any time during the Term the Premises not be separately assessed, then Tenant shall be responsible for payment of its "pro rata share" of the bill for Real Estate Taxes levied against the tax parcel or parcelx xx which the Premises is a part (the "Tax Parcel"). Tenant's "pro rata share" shall be defined as the percentage that the gross leasable area of all the buildings located within the Tax Parcel. In making such determination, the records of the tax assessor shall prevail. In the event the Premises is not separately assessed, Tenant shall produce pay its "pro rata share" of Real Estate Taxes to Landlord at least thirty (30) days before such Real Estate Taxes become delinquent. Also, in such event Landlord shall provide to Tenant the computation of and exhibit supporting documentation for Tenant's "pro rata share" of Real Estate Taxes at least thirty (30) days prior to the Landlord satisfactory evidence date upon which Tenant must pay such "pro rata share" of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered Real Estate Taxes to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.

Appears in 1 contract

Samples: Lease (Carolina National Corp)

Real Estate Taxes. (a) Tenant shall further paypay directly to the taxing authority the portion allocable to the Premises of: (i) all taxes, at its own cost assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and other governmental impositions charges, general and charges of every kind special, ordinary and nature whatsoeverextraordinary, extraordinary as well as ordinary, foreseen and each and every installment thereofunforeseen, which shall are, at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or use of the Premises by Tenant; (ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any appurtenances Fixed Rent, Additional Rent or equipment thereon or therein or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, time levied, assessed or imposed in lieu payable on account of the leasing or in addition use of the Premises by Tenant; and (iv) all charges for utilities furnished to the foregoing under Premises which may become a lien on the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). For each tax or assessment period, or installment period thereof, wholly included in the Term ,all such payments shall be made by virtue Tenant not later than five (5) days before the last date on which the same may be paid without interest or penalty, provided that Landlord shall forward to Tenant a copy of all present applicable tax bills promptly after receipt by Landlord thereof and in any event, not less than 20 days before the last date on which the same may be paid without interest or future lawspenalty. For any fraction of a tax or assessment period, ordinancesor installment period thereof, requirementsincluded in the Term at the beginning or end thereof, ordersTenant shall pay to Landlord, directionswithin 10 days after receipt of invoice therefor, rules or regulations together with a copy of the Federalapplicable bill xxxm the taxing authority, statethe fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Nothing contained in this Lease shall, county and municipal governments and of all other governmental authorities whatsoever. If however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes, estate, gift, succession, inheritance or transfer taxes provided, however, that if at any time during the term Term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Lot and Building, or both, or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based in whole or in part, upon gross rents, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, Tenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord. Landlord shall make written demandfurnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Premises. Notwithstanding anything to the contrary contained in this Lease, in the event that Tenant is obligated to pay any portion of any betterment or special assessment, Tenant's payments shall be calculated as if such assessment were amortized on a straight-line basis consistent with generally accepted accounting principles, consistently applied ("GAAP"), such that Tenant shall produce pay a total amount equal to its share of such assessment multiplied by a fraction, the numerator of which is the number of years remaining in the Term and exhibit the denominator of which is the greater of (a) the number of years in the entire Term or (b) the number of years for amortization indicated by GAAP. Tenant shall have the right to prosecute an abatement or otherwise contest any such tax or assessment, but only if Tenant shall first have given Landlord written notice of Tenant's intention to do so and Landlord shall not have advised Tenant, by written notice to Tenant within ten (10) days after Tenant's notice, that Landlord will prosecute such abatement or contest. Tenant shall prosecute any such abatement or contest at its own expense and shall not discontinue the same without giving Landlord a reasonable opportunity to be substituted therein at Landlord's expense. Tenant shall respond to all of Landlord's reasonable inquiries as to the Landlord satisfactory evidence of payment by Tenant status of any such tax assessment, water rent, rate abatement proceeding or charge, sewer charge or other governmental imposition or chargecontest, and said proof Tenant shall not settle the same without Landlord's prior written consent, which shall not be unreasonably withheld or payment must be delivered to delayed. Tenant's expenses of the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges same shall be timely made deducted from the proceeds of any such abatement or contest. If Landlord shall obtain any abatement, refund or rebate in real estate taxes or assessments theretofore paid by Tenant under this Lease, Landlord shall promptly forward to Tenant the same, less the cost incurred by Landlord in obtaining the same. Nothing in this paragraph shall relieve Tenant in order of its obligation to avoid the assessments of interest, penalties, make all payments required under this Section 4.2.1 and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofwhen required hereunder.

Appears in 1 contract

Samples: Thermo Vision Corp

Real Estate Taxes. (a) Tenant In addition to all rentals herein reserved, Lessee shall further paypay to Lessor annual real estate taxes levied upon the demised premises. Lessor shall have the right to estimate the amount of taxes next due and to collect and impound from Lessee on a monthly basis as Lessor, in its discretion, may determine the amount of Lessee’s estimated tax obligation. In the event the demised premises are not separately assessed, the applicable taxes and assessments shall be determined by the ratio that the square footage of the demised premises bears to the total square feet of the property assessed plus the assessed value of the improvements on the leased premises. Any such tax for the year in which this lease commences or ends shall be apportioned and adjusted. With respect to any assessment which may be levied against or upon the demised premises and which, under the laws then in force, may be evidenced by improvement or other bonds payable in annual installments, only the annual payments on said assessment shall be included in computing Lessee’s obligation for real estate taxes and assessments. The term “real estate taxes and assessments” as used herein shall be deemed to mean all taxes imposed upon the real property and permanent improvements constituting the demised premises, and all assessments levied against said demised premises, but shall not include personal income taxes, inheritance taxes, or franchise taxes, levied against the Lessor, but not directly against said property, even though such taxes may or shall become a lien against said property. Lessee shall have the right, at its own cost and expense, all to protest any taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which Lessor shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection cooperate with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofLessee.

Appears in 1 contract

Samples: Lease (Sten Corp)

Real Estate Taxes. (a) Landlord shall pay all Taxes levied upon or assessed against the land and improvements comprising the Center, and the appurtenances thereto during the Term of this Lease. In the event that said Taxes payable by Landlord shall be increased in any tax year during the Term of this Lease, over the amount of such Taxes due and payable for the tax year in which the Term of this Lease shall commence, Tenant shall further paypay to Landlord, at as additional rent, its own cost and expense, Proportionate Share of such tax increase. The term “Taxes” shall be defined as (1) all taxes and assessments sewer rents real estate and other governmental impositions ad valorem taxes, including, without limitation, Columbia Park and charges of every kind Recreation Association charges, general and nature whatsoeverspecial assessments (including paving assessments), extraordinary as well as ordinaryreal estate rental, and each and every installment thereof, which shall receipt or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises gross receipt tax or any appurtenances other tax on Landlord (excluding Landlord’s income taxes), now or equipment thereon hereafter imposed by any Federal, state or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises local taxing authority and all taxes charged, laid, levied, assessed or imposed in lieu of whether as a substitution for or in addition to the foregoing under present method of real property taxation currently in use, (2) costs of attorney’s and appraiser’s fees if necessary incurred in connection with any negotiation, contest or appeal pursued by virtue of all present or future lawsLandlord in an effort to reduce taxes, ordinances, requirements, orders, directions, rules or regulations and (3) any metropolitan district water and sewer charges and other governmental charges which customarily are part of the Federal, state, county and municipal governments and of all other real estate tax bxxx issued by governmental authorities whatsoevercharged with said responsibility. If at Taxes shall be adjusted on a proportionate basis for any time during period which shall be less than a Tax Year. Tax Year shall be the term year so established by the governmental authority charged with said responsibility. Landlord agrees, upon Tenant’s written request, to provide Tenant with a copy of this lease Landlord shall make written demand, the tax bxxx and the calculation of Tenant’s share thereof within a reasonable period of time. Tenant shall produce and exhibit agrees to the Landlord satisfactory evidence pay its proportionate share of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty taxes within ten (2010) days after written request therefore by Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid further agrees, in installmentslieu thereof, at the option prior request of Landlord, to pay same in equal monthly installments in such amounts as are estimated and billed for each tax year by Landlord, at the commencement of the payerterm and at the beginning of each successive tax year, Tenant may make payments in installments rather than in a lump sum. Tenant will such sum as shall be obligated to pay only reasonably requested by Landlord for each month with appropriate adjustment being made at the installments due during the term end of the lease, including any extensions thereofeach tax year.

Appears in 1 contract

Samples: Court East and West (Telvent Git S A)

Real Estate Taxes. (a) Tenant shall further paypay directly to the Landlord: (i) all taxes, at its own cost assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and charges, and all other governmental impositions government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen (and Tenant's Proportionate Fraction of any such taxes, assessments, levies, fees and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereofif they are assessed against the entire Building or Lot), which shall are, at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises or the Building or the Lot, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or any appurtenances or equipment thereon or therein or any part thereof, use of the Premises or the sidewalks Building or streets in front of the Lot; (ii) all gross receipts or adjoining the demised premises similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and all similar taxes charged, laid, at any time levied, assessed or imposed in lieu payable on account of the acquisition, leasing or in addition use of the Premises (and Tenant's Proportionate Fraction of any such taxes if they are levied, assessed or payable on account of the acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the foregoing under or by virtue Premises (and Tenant's Proportionate Fraction of all present charges for utilities furnished to the entire Building or future lawsLot) which may become a lien on the Building or the Lot or the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). For each tax or assessment period, ordinancesor installment period thereof, requirementswholly included in the Term, ordersall such payments shall be made by Tenant not less than five (5) days prior to the last date on which the same may be paid without interest or penalty. For any fraction of a tax or assessment period, directionsor installment period thereof, rules included in the Term at the beginning or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demandend thereof, Tenant shall produce and exhibit pay to the Landlord satisfactory evidence of payment by Tenant of any such tax assessmentLandlord, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. At Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer's option, Tenant may make payments shall pay taxes and assessments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.accordance with Section 4.2.5

Appears in 1 contract

Samples: Vertex Pharmaceuticals Inc / Ma

Real Estate Taxes. (a) Following the Commencement Date, in addition to all rentals herein reserved, Tenant shall further pay, at its own cost and expense, all pay to Landlord annual real estate taxes and assessments sewer rents levied upon the Premises, which shall be prorated for any such real estate tax for the year in which this Lease commences or ends. Until such time as the Premises is separately assessed, Landlord shall estimate the amount of real estate taxes next due and other governmental impositions Tenant shall pay, on a monthly basis, together with Base Rent as additional rental, the amount of Tenant’s estimated tax obligation, subject to reconciliation upon receipt of the actual tax xxxx. The term “real estate taxes” as used herein shall be deemed to mean all taxes assessed or levied against or imposed on the Premises and charges the Improvements as well as taxes and assessments of every kind and nature whatsoever(including any tax on rent which is substituted in whole or in part for, extraordinary as well as ordinaryor is in addition to, real property taxes or assessments, and each any license fee imposed by a local governmental body on the collection of rent, but excluding federal and every installment thereofstate income taxes) levied and assessed in lieu of, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payablein substitution for, or liens uponin addition to, existing real property taxes, whether or not now customary or within the contemplation of Landlord, City and Tenant. Tenant must pay any leasehold tax, possessory-interest tax, sales tax, personal property tax, transaction privilege tax or other exaction assessed or assessable as a result of its occupancy of the Premises under authority of this Agreement. If any law or judicial decision results in the imposition of a real property tax on the interest, the tax must also be paid by the Tenant on a proportional basis for the period this Agreement is in effect. “Real estate taxes” shall not include personal income taxes, inheritance taxes, or which may arise in connection with franchise taxes levied against the useLandlord and City but not directly against such property, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all unless such taxes charged, laid, levied, assessed or imposed are in lieu of or in addition to the foregoing under or by virtue of substitution for taxes levied directly against such property. The term “real estate taxes” shall also include all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county ad valorem and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofpossessory interest taxes.

Appears in 1 contract

Samples: Relocation Agreement

Real Estate Taxes. (a) Tenant shall further payAll taxes, at its own cost assessments, water and expensesewer rents, all taxes and assessments sewer rents ----------------- if any, and other governmental impositions charges, if any, general, special or otherwise, including all assessments for schools, public betterments and charges of every kind and nature whatsoevergeneral or local improvements, extraordinary as well as ordinary, and each and every installment thereof, which shall levied or may during the term be charged, laid, levied, assessed, imposed, become due and payable, assessed upon or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition respect to the foregoing under or by virtue ownership of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of and/or all other governmental authorities whatsoevertaxable interests in the Building imposed by any public or quasi-public authority having jurisdiction. Except for taxes, fees, charges and impositions described in the next succeeding sentence, Real Estate Taxes shall not include any income inheritance, estate, succession, transfer, gift, profit tax or capital levy. If at any time during the term Term the methods of this lease taxation shall be altered so that in addition to or in lieu of or as a substitute for the whole or any part of any Real Estate Taxes levied, assessed or imposed there shall be levied, assessed or imposed (i) a tax, license fee, excise or other charge on the rents received by Landlord, or (ii) any other type of tax or other imposition in lieu of, or as a substitute for, or in addition to, the whole or any portion of any Real Estate Taxes, then the same shall be included as Real Estate Taxes. A tax xxxx or true copy thereof, together with any explanatory or detailed statement of the area or property covered thereby, submitted by Landlord to Tenant shall be prima facie evidence of the amount of taxes assessed ----------- or levied, as well as of the items taxed. In the event any building or land adjacent to the Building in which Landlord has an interest is not separately assessed and taxed, Landlord shall make written demandhave the right to allocate a proportionate share to each such building and Landlord's determination thereof shall be binding on the parties hereto. If any real property tax or assessment levied against the land, Tenant buildings or improvements covered hereby or the rents reserved therefrom, shall produce and exhibit to the Landlord satisfactory evidence of payment be evidenced by Tenant of any such tax assessment, water rent, rate or charge, sewer charge improvement or other governmental imposition bonds, or chargein other form, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including amount paid or accrued in any extensions thereofLease Year shall be included as Real Estates Taxes for such Lease Year.

Appears in 1 contract

Samples: Noosh Inc

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, The total of all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall now or may during the term be charged, laid, levied, assessed, hereafter imposed, become due levied or assessed by any lawful authority upon or against the land, buildings and payableall other appurtenant improvements constituting the Building (whether such taxes and assessments are general, special or otherwise, ordinary or extraordinary, foreseen or unforeseen), including (without limitation) assessments for public and quasi-public improvements and any tax or excise hereafter imposed specifically upon the rents or gross receipts from the Building, but excluding any penalties, interest or other charges assessed as a result of delinquent payment or non-payment of all such aforesaid taxes and assessments. It is expressly understood and agreed that “increases” in such Real Estate Taxes shall include any increase resulting from a higher tax rate, from an increase in assessed valuation, from the imposition of special assessments, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or from any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities cause whatsoever. If at any time during “Tax Year” shall mean the term period (whether 12 months or less) with respect to which assessments of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely Real Estate Taxes are made by the Tenant taxing authorities having jurisdiction. Real Estate Taxes for each Tax Year shall be deemed to be the Real Estate Taxes payable in order respect of such Tax Year, even though the levy or assessment thereof may be made during different Tax Years. Reasonable expenses, including attorneys’ fees and expert witness fees, incurred by Landlord in attempting to avoid obtain a reduction of real Estate Taxes shall be added to and included in the assessments amount of interestReal Estate Taxes, penaltieshowever, Landlord shall have no obligation to contest any levy or imposition of any Real Estate Taxes and other costs. With may settle, compromise or abandon any contest with respect to assessments that may be paid the amount of any Real Estate Taxes in installmentsits sole discretion. Refunds of Real Estate Taxes received by Landlord, at if any, shall accrue proportionately to Tenant’s benefit in accordance with Tenant’s space fraction in the option of the payer, Tenant may make payments in installments rather than in a lump sumBuilding. Tenant will be obligated to pay only the installments due during the term is responsible for paying its portion of the lease, including any extensions thereofReal Estate Taxes calculated by multiplying total Real Estate Taxes by Tenant’s Operating Expense Percentage.

Appears in 1 contract

Samples: Lease Agreement (Cogent Communications Holdings, Inc.)

Real Estate Taxes. Taxes and assessments, general or special, ordinary or extraordinary, foreseen or unforeseen, assessed, levied or imposed upon the Building or the Land, or assessed, levied or imposed upon the fixtures, machinery, equipment or systems in, upon or used in connection with the operation of the Building or the Land under the current or any future taxation or assessment system or modification of, supplement to, or substitute for such system, and whether or not based on or measured by the receipts or revenues from the Building or the Land (a) Tenant shall further pay, at its own cost and expense, including all taxes and assessments sewer rents and for public improvements or any other governmental purpose and any gross receipts or similar taxes). Real Estate Taxes shall include the reasonable expenses (including but not limited to attorneys' fees) incurred by Landlord in obtaining or attempting to obtain a reduction of such taxes, rates or assessments. Any refund of Real Estate Taxes shall be credited towards Real Estate Taxes incurred with respect to the calendar year in which such refunded amounts were actually received. Except for taxes, fees, charges and impositions described in the next sentence, Real Estate Taxes shall not include any inheritance, estate, succession, transfer, gift, franchise, corporation, income, profit recordation, unincorporated business income tax or capital levy taxes and charges fines, interest or penalties incurred by Landlord for failure to timely pay Real Estate Taxes, so long as Tenant was then current in the payment of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become all Base Rent due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises under this Lease and all taxes charged, laid, levied, assessed or imposed in lieu Additional Rent due under Paragraph 6 of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverthis Lease. If at any time during the term Term the method of this lease taxation shall be altered so that in lieu of or as a substitute for the whole or any part of any Real Estate Taxes levied, assessed or imposed there shall be levied, assessed or imposed (i) a tax, license fee, excise or other charge on the rents received by Landlord with respect to the Building, or (ii) any other type of tax or other imposition in lieu of, or as a substitute for, the whole or any portion of any Real Estate Taxes, then the same shall be included as Real Estate Taxes for the purposes hereof. Landlord shall make written demand, Tenant shall produce and exhibit include in Real Estate Taxes only that portion of any assessment levied or imposed on the Building or the Land equal to the Landlord satisfactory evidence full amount of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made assessment divided by the Tenant in order to avoid the assessments maximum number of interest, penalties, and other costs. With respect to assessments calendar years (or portions thereof) that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated Landlord is permitted to pay only the installments due during the term of the lease, including any extensions thereofsuch assessment.

Appears in 1 contract

Samples: Lease Agreement (National Consumer Cooperative Bank /Dc/)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, pay to Landlord all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall levied or may during the term be charged, laid, levied, assessed, imposed, become due and payable------------------ assessed by, or liens uponbecoming payable to the municipality or any governmental authority having jurisdiction of the Property, for or in respect of the Property or which may arise become a lien on the Property, for each tax period partially or wholly included in the term, such payments to be made to Landlord in the manner provided in Subsection 4.2.3 of this section 4.2. For any fraction of a tax period included in the term at the beginning or end thereof, Tenant shall pay to Landlord the fraction of taxes so levied or assessed or becoming payable which is allocable to such included period. Tenant may prosecute 4 appropriate proceedings for abatement or reduction of any tax with respect to which Tenant is required to make payments as hereinbefore provided, such proceedings to be conducted jointly with any other parties, including Landlord, who have contributed to the payment of such taxes, and Xxxxxx agrees to save Landlord harmless from all costs and expenses incurred on account of Xxxxxx's participation in such proceedings. Landlord, without obligating itself to incur any costs or expenses in connection with such proceedings, shall cooperate with Tenant with respect to such proceedings so far as reasonably necessary. Any abatement or reduction effected by such proceedings shall accrue to the usebenefit of Xxxxxx and Landlord and such other parties as their interests may appear according to their respective contributions to the taxes involved in any such proceedings. Nothing contained in this Lease shall however, occupancy require Tenant to pay any franchise, corporate, estate, inheritance, succession, capital levy or possession transfer tax of the demised premises Landlord, or any appurtenances income, profits or equipment thereon revenue tax or therein or any part thereofcharge upon the rent payable by Tenant under this Lease, or the sidewalks or streets in front of or adjoining the demised premises and all taxes chargedprovided, laidhowever, leviedthat if, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term hereof, the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of, or in addition to, the whole or any part thereof there shall be assessed on Landlord a capital levy or other tax on the Fixed Rent, Additional Rentals or other charges payable by Tenant hereunder, or if there shall make written demandbe assessed on Landlord a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge measured by or based, in whole or in part, upon the Fixed Rentals, Additional Rents or other charges payable by Tenant shall produce hereunder, then any and exhibit all of such taxes, assessments, levies or charges, to the extent that the same would be payable if the Property were the only property of Landlord satisfactory evidence subject to same, and if the income from the Property were the only taxable income of payment Landlord during the year in question, shall be deemed to be included in the taxes to be paid by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered pursuant to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofsubsection 4.2.1.

Appears in 1 contract

Samples: Commencement Date Agreement (Averstar Inc)

Real Estate Taxes. (a) Tenant shall further paypay to Landlord Xxxxxx's Pro Rata Share of the Real Estate Taxes for the Property, at its own cost plus 100% of : (i) all taxes, assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinarycharges, and each all other government levies and every installment thereofcharges, general and special, ordinary and extraordinary, foreseen and unforeseen, which shall are, at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or use of the Premises; (ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any appurtenances Fixed Rent, Additional Rent or equipment thereon or therein or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, time levied, assessed or imposed in lieu payable on account of the acquisition, leasing or in addition use of the Premises; and (iv) all charges for utilities furnished to the foregoing under Premises which may become a lien on the Premises (collectively "taxes and assessments" or by virtue of all present if singular "tax or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverassessment"). If at any time during tax or assessment levied against the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that Premises may legally be paid in installments, Landlord shall elect to pay such tax or assessment in installments. For each tax or assessment period, or installment period thereof, wholly included in the Term, all such payments shall be made by Tenant not less than ten business days prior to the last date on which the same may be paid without interest or penalty so long as Tenant has received 15 days prior notice of such due dates; provided that for any fraction of a tax or assessment period, or installment period thereof, included in the Term at the option of the payerbeginning or end thereof, Tenant may shall pay to Landlord, within 15 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Either party paying any tax or assessment shall be entitled to recover, receive and retain for its own benefit all abatements and refunds related thereto, unless it has previously been reimbursed by the other party. Any abatement or refund related to a tax or assessment the payment of which was apportioned between the parties shall be first applied to the costs of securing such abatement or refund, and the balance shall be allocated to Tenant based on their Pro Rata share. Neither party shall discontinue any abatement proceedings begun by it without first giving the other party notice of its intent so to do and reasonable opportunity to be substituted in such proceedings. Notwithstanding any other provision of this Lease to the contrary, neither party paying any tax or assessment shall make payments such payment in installments rather than such an amount, in such a lump summanner, or at such a time as would prejudice any abatement proceeding unless failure to make such payment would jeopardize either party's interest in the Premises in which case payment shall be made so that such interest is not so jeopardized. Nothing contained in this Lease shall, however, require Tenant will be obligated to pay only any franchise, corporate, estate, inheritance, succession capital levy or transfer tax of Landlord, or any income, profits or revenue tax or charge upon the installments due during the term of the leaserent payable by Tenant under this Lease (other than any tax referred to in clause (ii) above) unless such tax is imposed, including levied or assessed in substitution for any extensions thereofother tax or assessment which Tenant is required to pay pursuant to this Section 4.2.1.

Appears in 1 contract

Samples: Millipore Corp /Ma

Real Estate Taxes. For purposes of this Lease, “Real Estate Taxes” shall mean (ai) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoeverassessments, extraordinary as well as ordinarygeneral or special, and each and every installment thereofordinary or extraordinary, which shall foreseen or may during the term be charged, laid, leviedunforeseen, assessed, imposed, become due and payablelevied or imposed upon the Building or the Land, or liens uponassessed, levied or which may arise imposed upon the fixtures, machinery, equipment or systems in, upon or used in connection with the use, occupancy or possession operation of the demised premises Building or the Land under the current or any appurtenances future taxation or equipment thereon assessment system or therein or any part thereofmodification of, supplement to, or substitute for such system, including special district taxes such as transportation district taxes and similar special district taxes which may now or hereafter be imposed upon the sidewalks Property, and (ii) all so-called business fees and taxes, gross receipts taxes, sales taxes on rent, or streets in front of or adjoining the demised premises and all similar taxes charged, laid, levied, assessed levied or imposed by any federal, state or local government in lieu connection with the operation of or in addition a commercial real estate project, except to the foregoing extent the statutory provisions enacting such levies and/or taxes expressly prohibit passing through the cost thereof to tenants under or leases with respect to which such taxes are imposed. Real Estate Taxes shall include all reasonable expenses (including, but not limited to, reasonable attorneys’ fees, disbursements and actual costs) paid by virtue Landlord in good faith pursuant to the provisions of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term Section 11.4 of this lease Landlord shall make written demandLease in obtaining or attempting to obtain a reduction of such taxes, Tenant shall produce rates or assessments, including any legal fees and exhibit costs incurred in connection with contesting or appealing the amounts or the imposition of any Real Estate Taxes (except to the Landlord satisfactory evidence of payment by Tenant extent previously reimbursed under Section 11.4 out of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to refund received by Landlord). In the Landlord not later than twenty event Real Estate Taxes (20including special assessments) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at they shall be paid in such manner (and in such event Real Estate Taxes shall include such installments and interest paid on the option unpaid balance of the payerassessment). The foregoing notwithstanding, Tenant Real Estate Taxes shall not include: (i) any franchise, corporation, income, receipts, inheritance, estate, revenue or net profits tax which may make be assessed against Landlord or the Project or both, (ii) transfer taxes assessed against Landlord or the Project or both, (iii) penalties or interest on any late payments in installments rather than in a lump sum. Tenant will be obligated of Landlord except to pay only the installments due during the term extent caused by Tenant’s non-payment, or (iv) personal property taxes of the lease, including any extensions thereofTenant.

Appears in 1 contract

Samples: Deed of Lease (Telecommunication Systems Inc /Fa/)

Real Estate Taxes. In amplification but not in limitation of the foregoing, Tenant covenants and agrees to pay during the Term, as additional rent, without set-off or deduction, all of the items included within "Real Estate Taxes", as hereinafter defined for each and every such fiscal year or portion thereof thereafter during the Term. "Real Estate Taxes" shall be defined as including the following items: (a) Tenant shall further payreal estate taxes, at its own cost including any late fees, penalties and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment interest for late payment thereof, which shall (b) assessments (including, without limitation, assessments for public improvements or may benefits whether or not commenced or completed during the term Term), (c) water charges and/or sewer rents, which may be charged, laidassessed, levied, assessed, imposed, become due and payableconfirmed or imposed on or in respect of, or liens be a lien upon, or the Land and/or Building thereon of which may arise in connection with the use, occupancy or possession of the demised premises or are a part, and (d) any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, tax assessment levied, assessed or imposed against such Land and/or Building or the rents or profits therefrom to the extent that the same shall be in lieu of all or in addition to the foregoing under or any portion of any item hereinabove set forth. If, by virtue of all present any application or future lawsproceeding brought by or in behalf of Landlord, ordinances, requirements, orders, directions, rules or regulations there shall be a reduction of the Federalassessed valuation of the Land and/or Building containing the demised premises for any fiscal year which affects the Real Estate Taxes, stateor part thereof, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment for which additional rent has been paid by Tenant pursuant to this Article, such additional rent payment shall be recomputed on the basis of any such tax assessmentreduction less any expenses, water rentincluding but not limited to, rate or charge, sewer charge or other governmental imposition or chargereasonable attorney's fees and disbursements, and fees and disbursements of experts, incurred by Landlord in connection with said proof application or payment must be delivered to proceeding and Landlord will credit against the Landlord not later than twenty (20) days next accruing installments of rent due under this Lease or promptly reimburse Tenant after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofExpiration Date.

Appears in 1 contract

Samples: Four Year Lease Agreement (Trans Lux Corp)

Real Estate Taxes. (a) Tenant As used herein shall further paymean all real estate taxes, at its own cost assessments, water and expense, all taxes and assessments sewer rents or charges and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term Lease Term be charged, laid, levied, assessed, imposed, become due and payablepayable or be levied by the lawful taxing authorities against the Building hiding, or liens upon, upon or which may arise arising in connection with the use, use or occupancy or possession of, or becoming due or payable out of or for, the Building, including all commercially reasonable costs and fees incurred by Landlord in contesting same or in negotiating with the appropriate governmental authorities as to same. If by law, any assessment of Real Estate Taxes may be divided and paid in annual installments, then, for the purposes of calculating Tenant’s obligations on account of Real Estate Taxes, (I) such assessment shall be deemed to have been so divided, (II) such assessment shall be deemed payable in the maximum number of annual installments permitted by law, and (III) there shall be deemed included in Real Estate Taxes for each tax year the annual installment of such assessment becoming a lien during such tax year, together with interest payable during such tax year on such annual installment and on all installments thereafter becoming due as provided by law, all as if such assessment had been so divided. Notwithstanding the foregoing, nothing herein contained shall be construed to include as a Real Estate Tax (1) any franchise, income, profit, sales, rental, use and occupancy or other similar tax, (2) any interest or penalties incurred by Landlord, any lessor under a superior lease or the holder of a mortgage as a result of Landlord’s or such lessor’s or holder’s late payment of Real Estate Taxes (as opposed to interest which may accrue as a result of the demised premises payment of Real Estate Taxes in installments), (3) any transit, corporation, excise, gift, successor, estate, inheritance or transfer taxes, and (4) mortgage recording or capital stock taxes; provided, however, that, if at any appurtenances time during the Lease Term the methods of taxation prevailing at the commencement of the Lease Term shall be altered so that in lieu of or equipment thereon or therein as a substitute for the whole or any part thereofof such taxes now levied, assessed or the sidewalks or streets in front of or adjoining the demised premises and all taxes chargedimposed, laid, there shall be levied, assessed or imposed in lieu an income or other tax of whatever nature (including, without limitation, any excise, transaction, sales or in addition to the foregoing under privilege tax on account of, attributed to, or measured by virtue of all present rent or future lawsother charges payable by Tenant, ordinances, requirements, orders, directions, rules or regulations levied by reason of the Federalexclusive parking made available by Landlord to Tenant in the Industrial Center), state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during then the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges same shall be timely made by included in the Tenant in order to avoid the assessments computation of interest, penalties, and other costsReal Estate Taxes hereunder. With respect to assessments that may be paid in installments, at the option As of the payerdate hereof, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofDemised Premises is separately assessed for Real Estate Taxes.

Appears in 1 contract

Samples: Lease Agreement (Coty Inc /)

Real Estate Taxes. (a) Tenant shall further paypay directly to the Landlord: (i) all taxes, at its own cost assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and charges, and all other governmental impositions government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen (and Tenant’s Proportionate Fraction of any such taxes, assessments, levies, fees and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereofif they are assessed against the entire Building or Lot), which shall are, at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises or the Building or the Lot, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or any appurtenances or equipment thereon or therein or any part thereof, use of the Premises or the sidewalks Building or streets in front of the Lot; (ii) all gross receipts or adjoining the demised premises similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and all similar taxes charged, laid, at any time levied, assessed or imposed in lieu payable on account of the acquisition, leasing or in addition use of the Premises (and Tenant’s Proportionate Fraction of any such taxes if they are levied, assessed or payable on account of the acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the foregoing under or by virtue Premises (and Tenant’s Proportionate Fraction of all present charges for utilities furnished to the entire Building or future Lot) which may become a lien on the Building or the Lot or the Premises (collectively “taxes and assessments” or if singular “tax or assessment”). For each tax or assessment period, or installment period thereof, wholly included in the Term, all such payments shall be made by Tenant to Landlord not less than five (5) days prior to the last date on which the same may be paid without interest or penalty. For any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. At Landlord’s option, Tenant shall pay taxes and assessments in accordance with Section 4.2.5 hereof. Anything herein to the contrary notwithstanding, if and to the extent that the Lot is not a separately assessed parcel, Landlord shall make a fair and reasonable allocation of any taxes and assessments between the Lot and the remaining parcel of land of which the Lot is a part. In the event that Tenant requests that Landlord apply for any abatement of, or otherwise contest, any tax or assessment, Landlord shall file such abatement or otherwise contest such tax or assessment and shall diligently pursue the same to completion, provided that (i) Landlord receives notice of such request from Tenant that such application be made by Landlord in accordance with applicable laws, ordinancesand (ii) the expenses of such proceedings, requirementsincluding, orderswithout limitation, directionsany penalties, rules interest, late fees or regulations of the Federalcharges, stateand attorneys’ fees incurred as a result thereof, county and municipal governments and of all other governmental authorities whatsoevershall be paid by Tenant. If Nothing contained in this Lease shall, however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes (“Excluded Taxes”), estate, succession, inheritance or transfer taxes, provided, however, that if at any time during the term Term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Building or the Lot, or all of them, or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based, whole or in part, upon gross rents, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based (“Substitute Taxes”), shall be payable by Tenant; provided, however, that (i) Tenant’s obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord, and (ii) only that portion of the Substitute Taxes in excess of the Excluded Taxes shall be payable by Tenant. Landlord shall make written demand, furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

Real Estate Taxes. (a) Tenant shall further payAll taxes, at its own cost assessments, improvement bonds, utility hook-up fees, license and expense, all taxes and assessments sewer rents permit fees and other governmental impositions charges and charges costs and water and sewer rents, if any, ordinary and extraordinary, general and special, foreseen and unforeseen, levied or assessed upon or with respect to the ownership of every kind and/or all other taxable interests in the property in question (land, buildings and nature whatsoever, extraordinary as well as ordinaryother improvements) imposed by any taxing authority having jurisdiction, and each all reasonable costs and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise expenses incurred in connection with the use, occupancy negotiation or possession contesting of Real Estate Taxes. If at any time the demised premises methods of taxation shall be altered so that in addition to or any appurtenances in lieu of or equipment thereon or therein as a substitute for the whole or any part thereof, or of the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, Real Estate Taxes now levied, assessed or imposed there shall be levied, assessed or imposed by any government body (a) a gross receipts or excise tax or license fee on the rents received or (b) any other type of tax or other imposition in lieu of of, or as a substitute for, or in addition to, the whole or any portion of any Real Estate Taxes, then the same shall be included as Real Estate Taxes. Landlord and Tenant recognize that there may be imposed new forms of taxes, assessments, charges, levies or fees, or there may be an increase in certain existing taxes, assessments, charges, levies or fees placed on, or levied in connection with, the ownership, leasing, occupancy or operation of the Shopping Center and its facilities. All such new or increased taxes, assessments, charges, levies or fees which are imposed or increased, including, but not limited to, any taxes, assessments, charges, levies and fees assessed or imposed due to the foregoing under existence of this Lease and the leases of other tenants or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations occupants of the FederalShopping Center or for the purpose of funding services or special assessment districts theretofore funded by real property taxes, stateshall also be included within the meaning of "Real Estate Taxes" as used herein. Real Estate Taxes shall not include any inheritance, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demandestate, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessmentsuccession, water renttransfer, rate gift, franchise, corporation, net income or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofprofit tax.

Appears in 1 contract

Samples: Dm Management Co /De/

Real Estate Taxes. (a) Tenant shall further paypay directly to the Landlord: (i) all taxes, at its own cost assessments to the extent due and expensepayable (special or otherwise), all taxes levies, fees, water and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinarycharges, and each all other government levies and every installment thereofcharges, general and special, ordinary and extraordinary, foreseen and unforeseen, which shall are, at any time prior to or may during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Premises or the Building or a fraction of the Lot, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with the use, occupancy or possession respect of the demised premises operation, possession or any appurtenances or equipment thereon or therein or any part thereof, use of the Premises or the sidewalks Building or streets in front of the Lot; (ii) all gross receipts or adjoining the demised premises similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and all similar taxes charged, laid, at any time levied, assessed or imposed in lieu payable on account of the leasing or in addition use of the Premises (and any such taxes if they are levied, assessed or payable on account of the acquisition, leasing or use of the entire Building or Tenant's Proportionate Share of Lot); and (iv) all charges for utilities furnished to the foregoing under Premises (and all charges for utilities furnished to the entire Building or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations Tenant's Proportionate Share of the FederalLot) which may become a lien on the Building or the Lot or the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). For each tax or assessment period, stateor installment period thereof, county wholly included in the Term, all such payments shall be made by Tenant not less than five (5) days prior to the last date on which the same may be paid without interest or penalty, provided that Tenant receives any such invoice for payment at least thirty (30) days before said amount is due. For any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within 20 days after receipt of invoice therefor, the fraction of taxes and municipal governments assessments so levied or assessed or becoming payable which is allocable to such included period. At Landlord's option, Tenant shall pay taxes and assessments in accordance with Section 4.2.5 hereof. In the event that Tenant requests that Landlord apply for any abatement of, or otherwise contest, any tax or assessment, Landlord shall file such abatement or otherwise contest such tax or assessment and shall diligently pursue the same to completion, provided that (i) Landlord receives notice of all other governmental authorities whatsoeversuch request from Tenant at least 30 days prior to the last day on which such abatement or contest may validly be made under applicable law, and (ii) the expenses of such proceedings, including, without limitation, any penalties, interest, late fees or charges, and attorneys' fees incurred as a result thereof, shall be included in the Annual Maintenance Charge of the then current fiscal year. If Nothing contained in this Lease shall, however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes ("Excluded Taxes"), estate, succession, inheritance or transfer taxes, provided, however, that if at any time during the term Term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Premises, the Building and the Lot, or all of them, or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based, in whole or in part, upon gross rents, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord, and (ii) only that portion of the Substitute Taxes in excess of the Excluded Taxes shall be payable by Tenant. Landlord shall make written demand, furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: Lease (Millennium Pharmaceuticals Inc)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition pay to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than within twenty (20) days after Landlord’s written demand notice therefor: (i) Tenant’s Share of all taxes, assessments (special or otherwise), levies, fees, and all other government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are, at any time during the Term hereof, payable, imposed or levied upon or assessed against the Building and the Lot, and all taxes assessed against (A) any Fixed Rent, Additional Rent or other sum payable hereunder or (B) this Lease, or the leasehold estate hereby created, or which arise in respect of the operation, possession or use of the Premises; and (ii) all sales, value added, use and similar taxes at any time levied, assessed or payable on account of the leasing or use of the Premises (collectively “taxes and assessments” or if singular “tax or assessment”); provided that for any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within 10 days after receipt of invoice therefor, Tenant’s Share of the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Except as set forth Nothing contained in section this Lease shall, however, require Tenant to pay any franchise, corporate, estate, inheritance, succession capital levy or transfer tax of Landlord, or any income, profits or revenue tax or charge upon the rent payable by Tenant under this Lease unless (a) such tax is imposed, levied or assessed in substitution for any other tax or assessment which Tenant is required to pay pursuant to this Section 4.2.l, or (b) if at any time during the Term of this articleLease, payments the method of all aforesaid charges taxation shall be timely made changed such that in lieu of taxes now payable there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received from the Premises and/or any tax or assessment measured by or based, in whole or in part, upon such rents or measured in whole or in part by income from the Tenant Premises (if in order to avoid computing such rents or income there is not allowable as a deduction for the taxable year substantially all of the depreciation or interest deductions allowed for federal income tax purposes for the taxable year), or upon the value of the Premises or any present or future improvement or improvements on the Premises, in which case all such taxes and assessments of interestor the part thereof so measured or based (“Substitute Taxes”), penaltiesshall be payable by Tenant, and other costs. With provided however, Tenant’s obligation with respect to assessments that may the aforesaid Substitute Taxes shall be paid in installments, limited to the amount thereof as computed at the option rates that would be payable if the Premises were the only property of the payerLandlord, and, in any event, Tenant may shall only pay Tenant’s Share of any such Substitute Taxes assessed against the Building and the Lot. In no event shall Tenant be required to make payments in installments rather than in a lump sum. any payment under this Section 4.2.1 which duplicates any other payment which Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofis making under this Lease.

Appears in 1 contract

Samples: Aspect Medical Systems Inc

Real Estate Taxes. (a) Commencing on January 1, 2007 (the “Tax Rent Commencement Date”), Tenant shall further pay, at its own cost and expense, pay as Additional Rent Tenant’s Share referred to in Section 1(h) of the Lease of all real estate taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, assessed against the Property for any tax fiscal year which shall occurs wholly or may partially during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise Term of this Lease in connection with the use, occupancy or possession excess of the demised premises real estate taxes assessed against the Property for the tax fiscal year referred to in Section 1(j) (the “Base Tax Year”) (such Additional Rent is hereinafter called the “Tax Rent”). The term “real estate taxes” shall mean (i) any tax or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, assessment levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during by any governmental authority on or against the term Property or any part thereof; (ii) any assessment for public betterments or improvements levied, assessed or imposed upon or against the Property ; (iii) any legal fees and other costs incurred by Landlord in connection with evaluating and/or contesting the assessed valuation of this lease the Property for real estate tax purposes; and (iv) any tax levied, assessed or imposed at any time upon or against the receipt of income or rents or any other tax upon Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such as a substitute or supplement in whole or in part for a real estate tax or assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section item (biv) of this articleSection 6(a), payments the term “real estate taxes” shall not include income taxes, gift taxes, rent taxes, estate taxes, inheritance taxes, or any taxes (or increases thereof) resulting from Landlord’s exercise of all aforesaid charges Landlord’s Reserved Property Rights. In the event that Landlord receives a reimbursement, refund, credit or other retroactive adjustment of real estate taxes after Tenant has paid same, an appropriate adjustment shall be timely made in the amount of Tax Rent payable by Tenant to Landlord and Landlord shall promptly remit to Tenant any amounts due as a result of such reimbursement, refund, credit or other retroactive adjustment, which obligation shall survive the Tenant in order to avoid the assessments Expiration Date of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sumthis Lease. Tenant will shall not be obligated responsible for any late fees, charges, penalties or interest due to pay only Landlord’s delinquency or delay in the installments due during the term payment of the leasereal estate taxes, including any extensions thereofunless such delinquency or delay is solely as a result of Tenant’s delinquency or delay in remitting such sums to Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Kulicke & Soffa Industries Inc)

Real Estate Taxes. (a) Tenant shall further paypay to Landlord, at as additional rent, its own cost and expense, all pro rata share of real estate taxes and assessments sewer rents levied or assessed against the property of which the Demised Premises forms a part (hereinafter “Landlord’s Property”) and other governmental impositions all those real estate taxes and charges assessments levied or assessed against the Demised Premises or any part thereof applicable to the period of every kind time Tenant leases the Demised Premises, whether payable during the Term of the Lease, or subsequent to the expiration of this Lease. This obligation shall include those real estate taxes and nature whatsoeverassessments presently in effect, extraordinary as well as ordinary, those enacted in the future. Tenant acknowledges that Real Estate Taxes are currently payable to the local assessing authority on a quarterly basis and each and every installment thereof, that such tax bills represent payment of Real Estate Taxes applicable to the quarter in which shall the xxxx is issued. Such payment as to all real estate taxes or may during assessments levied or assessed against Landlord’s Property or the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein Demised Premises or any part thereof, shall be made by Tenant to Landlord within ten (10) days after Tenant’s receipt of an invoice or statement from Landlord setting forth the sidewalks amount of such taxes or streets in front of assessments and Tenant’s pro rata share thereof. Such invoice or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations statement shall include a copy of the FederalReal Estate Tax xxxx or assessment for which Tenant is responsible. The real estate taxes and assessments aforesaid shall be apportioned by Landlord among tenants or users of Landlord’s Property, stateincluding Landlord, county to arrive at Tenant’s pro rata share of real estate taxes and municipal governments assessments. The computation of Tenant’s pro rata share of taxes on land and buildings shall be made by multiplying the real estate taxes or assessments levied against the Landlord on Landlord’s Property of all which the Demised Premises forms a part by a fraction the numerator of which is the number of square feet of building premises demised to Tenant and the denominator of which is the total number of square feet in the building assessed by the taxing authorities. In the calculation of the total number of square feet of building premises demised to Tenant, finished space, i.e. offices, including toilet areas, shall be weighted in determination of the numerator in the fraction described in this subsection by doubling the square footage devoted to such finished space. To the extent that Tenant shall be liable for the payment of other governmental authorities whatsoever. If at any time during taxes under this Article VI which may be assessed against Landlord or for which Landlord may become liable by reason of its estate or interest in the term of this lease Landlord shall make written demandDemised Premises, Tenant shall produce and exhibit to pay its pro rata share thereof in accordance with the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to above. Tenant’s pro rata share on the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges Commencement Date shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof50.20%.

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

Real Estate Taxes. (a) As Additional Rent, Tenant shall further paypay to Landlord Tenant's Proportionate Fraction of all taxes, at its own cost assessments (special, betterment or otherwise), levies, fees, water and expensesewer rents and charges, and all other government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are allocable to the term hereof and imposed or levied upon or assessed against the Lot or Building or any rent or other sums payable by any tenants or occupants thereof (collectively "taxes and assessments" or if singular "tax or assessment"). If Landlord shall elect to pay betterment assessments over any period permitted by law, only the installments thereof (and interest thereon) becoming due during the term shall be treated as taxes and assessments hereunder. With respect to any period for which Tenant shall be obligated to pay all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoeverassessments, extraordinary as well as ordinaryTenant shall pay the same directly to the proper authority prior to any late charges, and each and every installment thereof, which shall interest or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection penalties becoming payable thereon. Simultaneously with the usepayment of such taxes or assessments, occupancy Tenant shall provide Landlord with evidence of payment thereof. All payments shall be made by Tenant within 10 days after receipt of Landlord's invoice therefor. Nothing herein shall, however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereoftransfer taxes, or the sidewalks or streets in front of or adjoining the demised premises and all taxes chargedprovided, laidhowever, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If that if at any time during the term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, or in lieu of increases therein, there shall be assessed on Landlord shall make written demand, Tenant shall produce and exhibit a capital levy or other tax on the gross rents received with respect to the Landlord satisfactory evidence of payment Building or Lot or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by Tenant or based, in whole or in part, upon gross rents, then Tenant's Proportionate Fraction of any and all of such tax assessmenttaxes, water rentassessments, rate levies or chargecharges, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty extent so measured or based (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article"Substitute Taxes"), payments of all aforesaid charges shall be timely made payable by the Tenant in order to avoid the assessments of interestTenant, penaltiesprovided, and other costs. With however, Tenant's obligation with respect to assessments that may the aforesaid Substitute Taxes shall be paid in installments, limited to the amount thereof as computed at the option rates that would be payable if the Building and Lot were the only property of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Extension of Lease (Mercury Computer Systems Inc)

Real Estate Taxes. (a) The Tenant shall further pay, at its own cost and expense, all pay to the Landlord each year as additional rent the full amount of the real estate taxes or special levies and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time (including area assessments) levied during the term of this lease or extension thereof and assessed against and attributable to the demised premises. Such rent amount representing the real estate taxes and special levies and assessments shall be paid to the Landlord promptly at least 10 days before the same are due and payable by the Landlord, and Landlord shall make written demandsubmit proper evidence to Tenant of the actual amount of such real estate taxes and special levies and assessments at least 25 days before they are due and payable. Tenant shall have the right to contest or review by legal proceedings all or any part of such taxes and assessments (providing that Tenant shall give notice to Landlord of its intention to do so within 14 days of the time of notice to Tenant of amount of taxes due thereunder as rent.) Upon receipt of such notice, Landlord will cooperate with such contest or review, and, if requested to do so in said notice, will pay the taxes which Tenant desires to contest, under protest, and Landlord will take all other action required to aid Tenant in proceeding with a test of the taxes. Tenant shall diligently prosecute such contest and upon final determination or adjudication of said contest, Tenant shall produce have a right to the entire funds recovered by it through such contest, and exhibit funds repaid to the Landlord satisfactory evidence of payment from tax authorities due to said contest shall immediately be paid by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered the Landlord to the Tenant. Tenant further agrees that it shall assume all costs and expenses of such contest and shall hold the Landlord not later than twenty (20) days after Landlordharmless from any costs and expenses including reasonable attorney’s written demand thereforfees and court costs which Landlord may deem appropriate to expend to protect its interest in such proceeding. Except as set forth in section (b) General and special taxes and assessments levied during the first and last year of this article, payments of all aforesaid charges lease shall be timely made by pro-rated between the Tenant parties in order to avoid accordance with the assessments number of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option days of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the Tenant’s actual tenancy under this lease, including any extensions thereof.

Appears in 1 contract

Samples: Indenture of Lease

Real Estate Taxes. (a) Tenant shall further paypay to Landlord, at its own cost and expenseas Additional Rent, all the real estate taxes and assessments sewer rents ("Real Estate Taxes") levied against the Premises paid by Landlord. Real Estate Taxes shall include all real property taxes and assessments levied against the Premises by any governmental or quasi-governmental authority, including any taxes, assessments, surcharges, or service or other governmental impositions and charges fees of every kind and a nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, not presently in effect which shall or may during hereafter be levied on the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with Project as a result of the use, occupancy ownership or possession operation of the demised premises Project or for any appurtenances or equipment thereon or therein or any part thereofother reason, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed whether in lieu of or in addition to any current real estate taxes and assessments; provided, however, that any taxes which shall be levied on the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations rentals of the FederalBuilding shall be determined as if the Building were Landlord's only property and provided further, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during that in no event shall the term Real Estate Taxes include any federal, state or local income taxes levied or assessed on landlord, unless such taxes are a specific substitute for real property taxes; such term shall, however, include gross taxes on rental and expenses incurred by Landlord for tax consultants and in contesting the amount or validity of any Real Estate Taxes. Assessments shall include any and all so-called special assessments, license tax, business license fee, business license tax, commercial rental tax, levy, charge or tax imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, water, drainage other improvement or special district thereof, against the Project, or any part thereof, or against any legal or equitable interest of Landlord therein. For the purposes of this lease Lease, any special assessment shall be deemed payable in such number of installments as if actually paid. Landlord shall make give Tenant written demandnotice of the amount of Tenant's liability for payment of taxes and assessments hereunder on or before sixty (60) days prior to the delinquency date for payment of such taxes and assessments. Tenant shall pay to Landlord the amount of Tenant's liability hereunder for taxes and assessments within fifteen (15) days of Tenant's receipt of such written notice. Landlord shall pay the Real Estate Taxes and assessments levied against the Premises prior to delinquency and shall, at Tenant's written request, send Tenant proof that the Real Estate Taxes and assessments have been paid. Landlord may estimate the annual Real Estate Taxes liability of Tenant and based on Landlord's written estimate, Tenant shall produce and exhibit pay to Landlord in the Landlord satisfactory evidence of payment by Tenant of any such tax assessmentsame manner as the Common Area Expenses described in Paragraph 6(g), water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges This Real Estate Tax impound shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofreconciled on an annual basis.

Appears in 1 contract

Samples: Commercial Lease (Finisar Corp)

Real Estate Taxes. (a) Tenant shall further paypay all real estate taxes and other impositions for the Premises, at its own cost including any fees in lieu of taxes, both general and expensespecial, which may be levied or assessed by the taxing authorities against the land, buildings and all other improvements within or constituting the Premises. Tenant shall pay all such real estate taxes and assessments sewer rents directly to the taxing authority including any fine, penalty, interest or cost that may be added thereto for non-payment thereof. Real estate taxes and other governmental impositions shall mean all ad valorem taxes, water and charges of every kind sanitary taxes, assessments, liens, licenses and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises permit fees or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all other taxes charged, laid, leviedimposed, assessed or imposed in lieu of or in addition to levied against the foregoing under or by virtue of all present or future lawsPremises, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If charges, impositions or burdens of whatever kind and nature, whether or not particularized by name, and whether general or special, ordinary or extraordinary, foreseen or unforeseen, which at any time during the term of this lease Landlord shall make written demandTerm may be created, Tenant shall produce and exhibit assessed, confirmed, adjudged, imposed or charged upon or with respect to the Landlord satisfactory evidence Premises or any improvements made thereto, or on any part of payment the foregoing or any appurtenances thereto, or directly upon this Lease or the rent payable hereunder or amounts payable by Tenant of any such tax assessment, water rent, rate or charge, sewer charge subtenants or other occupants of the Premises, or upon this transaction or any documents to which Tenant is a party or successor-in-interest, or against Landlord because of Landlord's estate or interest herein, by any governmental imposition authority, or chargeunder any law, including among others, all rental, sales, use, inventory or other similar taxes and any special tax bills and general, special or other assessments and liens or charges made on local or general improvements or any governmental or public power or authority whatsoever, but excluding income, franchise, capital gains, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, estate and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofgift taxes.

Appears in 1 contract

Samples: Lease (Arotech Corp)

Real Estate Taxes. Landlord shall timely pay and discharge all real estate taxes, taxes based on vehicles utilizing parking areas in the Premises, taxes computed or based on rental income (a) Tenant shall further payother than federal, at its own cost state and expensemunicipal net income taxes), environmental surcharges, privilege taxes, excise taxes, business and occupation taxes, school fees or surcharges, gross receipts taxes, sales and/or use taxes, employee taxes, occupational license taxes, water and sewer taxes, assessments (including, but not limited to, assessments for public improvements or benefit), assessments for local improvement and maintenance districts, and all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, regardless of whether now customary or within the contemplation of the parties hereto and regardless of whether resulting from increased rate and/or valuation, or whether extraordinary as well as or ordinary, and each and every installment thereofgeneral or special, which shall unforeseen or may foreseen, or similar or dissimilar to any of the foregoing (all of the foregoing being hereinafter collectively called "Real Estate Taxes") which, at any time during the term Lease Term, shall be chargedapplicable or against the Project, laid, levied, assessed, imposed, or shall become due and payable, payable and a lien or liens upon, or which may arise in connection with charge upon the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing Project under or by virtue of all any present or future laws, statutes, ordinances, requirementsregulations, ordersor other requirements of any governmental authority whatsoever. The term "Environmental Surcharge" shall include any and all expenses, directionstaxes, rules charges or penalties imposed by the Federal Department of Energy, Federal Environmental Protection Agency, the Federal Clean Air Act, or any regulations promulgated thereunder, or any other local, state or federal governmental agency or entity now or hereafter vested with the power to impose taxes, assessments or other types of surcharges as a means of controlling or abating environmental pollution or the use of energy in regard to the use, operation or occupancy of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverPremises provided such surcharge is based on an area wide action not related to the specific occurrences on the Project. If at any time during the term Project Environmental issues will be covered by Article 26 of this lease Landlord Lease. The term "Real Estate Tax" shall make written demandinclude, without limitation, all taxes, assessments, levies, fees, impositions or charges levied, imposed, assessed, measured, or based in any manner whatsoever (i) in whole or in part on the Rent payable by Tenant shall produce and exhibit under this Lease, (ii) upon or with respect to the use, possession, occupancy, leasing, operation or management of the Project, (iii) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Project, (iv) upon Tenant's business operations conducted at the Premises, (v) upon, measured by or reasonably attributable to the cost or value of Tenant's equipment, furniture, fixtures and other personal property located on the Premises or 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 Landlord satisfactory evidence or Tenant, or (vi) in lieu of payment or equivalent to any of the Real Estate Taxes set forth in this Article 5.4. In the event any such Real Estate Taxes are payable by Landlord and it shall not be lawful for Tenant to reimburse Landlord for such Real Estate Taxes, then the Rent payable hereunder shall be increased to net Landlord the same net rent after imposition of any such Real Estate Taxes upon Landlord as would have been payable to Landlord prior to the imposition of any such Real Estate Tax. The above notwithstanding, nothing contained in this Article 5.4 shall require Tenant to pay any Federal or State income, franchise, estate, inheritance, succession, transfer or excess profits tax assessmentimposed upon Landlord. If any general or special assessment is levied and assessed against the Premises or Project, water rent, rate Landlord agrees to use its best reasonable efforts to cause the assessment to become a lien on the Premises or charge, sewer charge or other governmental imposition or chargeProject securing repayment of a bond sold to finance the improvements to which the assessment relates which is payable in installments of principal and interest over the maximum term allowed by law, and said proof or payment must Tenant shall only be delivered responsible for installments due and payable during the Lease Term, prorated for partial months. It is understood and agreed that Tenant's obligation under this paragraph will be prorated to reflect the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by Commencement Date and the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option end of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofLease Term.

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties Inc)

Real Estate Taxes. (a) During the Lease Term or any renewals, extensions or ----------------- holding over, Tenant shall further paypay to Landlord, at its own cost as Additional Rent, Tenant's Proportionate Share of all real property taxes (including extraordinary and/or special assessments) which may be levied or assessed by any lawful authority against the Building and expensethe parcel of land described in Exhibit "B" during any and each Lease Year. In addition, Tenant shall pay to Landlord prior to delinquency all taxes and assessments sewer rents and assessed against the value of any improvements made by Tenant, or of any machinery, equipment, fixtures, inventory or other governmental impositions and charges personal property or assets of every kind and nature whatsoeverTenant contained in the Premises or related to Tenant's use of the Premises. A tax xxxx or true copy thereof submitted by Landlord to Tenant shall be conclusive evidence of the amount of taxes assessed or levied, extraordinary as well as ordinaryof the items taxed. If a tax or excise on rents or other tax, however described, is levied or assessed against Landlord on account of or measured by, in whole or in part, the Rent expressly reserved under this and any other leases or leasehold interests in the Building, as a substitute for or addition to, in whole or in part, taxes assessed or imposed on the Premises, the Building or the parcel of land described in Exhibit "B", such tax or excise on rents or other tax shall be included as a part of the real property taxes covered hereby, but only to the extent of the amount thereby which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the Rent accruing under this Lease, or of the other leases or leasehold interests in the Building. The above described taxes to be paid by Tenant shall be estimated by Landlord, and 1/12/th/ of such estimated taxes for each Lease Year shall be paid monthly on the first day of each and every installment thereof, which shall or may month during the term Lease Term in addition to Base Rent. An annual accounting to include a copy of the paid tax bills shall be chargedmade promptly after receipt by Landlord of such tax bills for each Lease Year at which time Tenant shall pay any additional tax due or Landlord shall apply any overpayment made by Tenant as a credit toward the next Lease Year's tax obligations of Tenant or at the end of the Lease Term shall return any such overpayments to Tenant provided Tenant has no Rent then due to Landlord, laidwhichever event is applicable. In any event, leviedupon notice by Landlord, assessed, imposed, become Tenant shall pay any additional tax due and payable, or liens upon, or which may arise in connection with the usenext monthly installment of Base Rent. Landlord shall have the same rights and remedies for Tenant's failure to pay real estate taxes as Landlord has for Tenant's failure to pay Base Rent. If some method or type of taxation shall replace the current method of assessment of real estate taxes, occupancy in whole or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereofpart, or the sidewalks type hereof, or streets if additional types of taxes are imposed upon the Premises, the Building or the parcel of land described in front Exhibit "B", or if Landlord is required to supplement real estate taxes due to legal limits imposed thereon, Tenant agrees that Tenant shall pay an equitable share of the same as Additional Rent computed in a fashion consistent with the method of computation herein provided, to the end that Tenant's share thereof shall be, to the maximum extent practicable, comparable to that which Tenant would bear under the foregoing provisions. If the Lease Term shall commence or adjoining end during a tax calendar year (tax calendar year shall mean each annual period for which ad valorem real estate ---------- taxes are assessed and levied) of which only part is included in the demised premises and all taxes chargedLease Term, laid, the amount of such Additional Rent shall be equitably prorated to cover only the period of time within the tax calendar year during which the Lease shall be in effect. All references herein to Real Estate Taxes for a particular tax calendar year shall be deemed to refer to the Real Estate Taxes levied, assessed or otherwise imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any for such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered calendar year without regard to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofwhen such Real Estate Taxes are payable.

Appears in 1 contract

Samples: Entire Agreement (Lumonics Inc)

Real Estate Taxes. “Real Estate Taxes” are defined as all real estate taxes, existing and future assessments, general and special taxes, which may be levied or assessed by any lawful authority during or for each calendar year of the term of this Lease against the land, buildings, and improvements comprising the Center, including without limitation, all (a) Tenant shall further pay, at its own cost and expense, all ad valorem real property taxes and assessments sewer rents (including installments of special assessments required to be paid during the calendar year) including any increase in taxes resulting from a reappraisal of the Center from time to time by virtue of a change in the ownership or otherwise by operation of law; (b) other taxes and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during imposed by the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises State or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets subdivision thereof which: (1) are in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu replacement of or in addition to all or any part of ad valorem taxes as sources of revenue, and (2) are based in whole or in part upon the foregoing under land and building of which the Premises are a part or any interest therein or the ownership thereof, or the rents, profits or other income therefrom, including, without limitation, income, single business, franchise, excise, license, privilege, sales, use, and occupancy taxes; (c) taxes or surcharges of any kind or nature upon, against or with respect to the parking areas or the number of parking spaces in the Center; (d) taxes and/or assessments or any kind or nature, including, without limitation, any gross receipts taxed upon, against or with respect to the rents and other charges payable by virtue of all present tenants in the Center to Landlord derived from the Center or future lawswith respect to Landlord’s, ordinancesor the individuals’ or entities’ which from Landlord herein, requirements, orders, directions, rules or regulations ownership of the Federalland or buildings comprising the Center, (e) any assessment, tax, fee, levy or charge imposed by government agencies for services such as fire protection, sidewalks, lighting, landscaping, vector control, schools, parks, roads, and road maintenance, refuse removal and other public services and facilities that are collected with real estate taxes by the county tax collector; and (f) any expenses, taxes, charges, or penalties imposed by the Federal Department of Energy, Federal Environmental Protection Agency, The Federal Clean Air Act, or any regulations promulgated under these entities, or any other local, state, county or federal governmental agency or entity now or later vested with the power to impose taxes, assessments, or other types of surcharges as a means of controlling or abating environmental pollution by the use of energy in regard to the use, operation, or occupancy of the Center. Any costs, expenses and municipal governments attorneys’ fees (including the costs of tax consultants) incurred by Landlord in connection with the negotiation for reduction in the assessed valuation of land, buildings and improvements comprising the Center and any protest or contest of all other governmental authorities whatsoever. If at any time during real estate taxes and/or assessments shall be included within the term “Real Estate Taxes.” - 6 of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after 23 - Tenant’s Initials Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.Initials

Appears in 1 contract

Samples: Service Gross Office Lease (Entrade Inc)

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Real Estate Taxes. Commencing on the Rent Commencement Date and continuing throughout the Term, Tenant will pay to Landlord, as Additional Rent without deduction or setoff, Txxxxx's Share of "Real Estate Taxes" (aas hereinafter defined) as specified in this Section 2.7(a). Tenant's Share of Real Estate Taxes will be computed by multiplying the total amount of the Real Estate Taxes by a fraction, the numerator of which will be the number of square feet of Floor Area, and the denominator of which will be the total number of square feet of leasable building space that has been constructed in the Project. Landlord will furnish Tenant shall further paycopies of all tax bills affecting Tenant's Share of Real Estate Taxes and a statement of the calculation of same upon demand. For purposes of this Section 2.7(a), at its own cost the phrase "Real Estate Taxes" will mean and expenseinclude any and all governmental imposts, all levies, fees, charges, taxes and or assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoeverwhatsoever which during the Term are levied, assessed, become due and payable or are imposed against the Project or any portion thereof or against Landlord by reason of its ownership and operation of the Project and its receipt of rents therefrom, extraordinary as well as ordinary, foreseen and each unforeseen, including, without limitation, ad valorem taxes, rent taxes, water and every installment thereofsewer rents, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise all other governmental exactions arising in connection with the use, occupancy or possession of, or growing due and payable out of or for the demised premises or any appurtenances or equipment thereon or therein Project or any part thereofthereof and any and all expenses directly incurred by Landlord or any other person or consultant in contesting the validity of, in seeking a reduction in, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed seeking to prevent an increase in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax(es); provided, however, that the phrase "Real Estate Taxes" will not be deemed to include any inheritance, estate, succession, transfer, gift, franchise, corporation, general income or profit tax assessment, water rent, rate or charge, sewer charge capital levy or other governmental imposition or charge, and said proof or payment must be delivered to special assessment against the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofProject for permanent public improvements.

Appears in 1 contract

Samples: Lease (Ra Medical Systems, Inc.)

Real Estate Taxes. (a) Tenant 14.01 For the purposes of this Article, the term “Taxes” shall further pay, at its own cost and expense, include the sum of all real estate taxes and assessments assessments, special assessments, water and sewer rents and other governmental impositions and charges of every kind and nature whatsoeverrents, extraordinary as well as ordinary, PILOT payments and each and every installment thereof, thereof which shall or may during the term Term of this Lease be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, upon or which may arise arising in connection with the use, occupancy or possession of or grow out of, or for the demised premises or any appurtenances or equipment thereon or therein Building and/or the Land, or any part thereof, or thereof as if the sidewalks or streets in front Building and Land were the sole asset of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverLandlord. If at any time during the term Term of this lease Lease the methods of taxation prevailing at the execution of this Lease shall be altered so that in lieu of or as a substitute for the whole or any part of the taxes, assessments, levies, impositions or charges now levied, assessed or imposed on real estate or the improvements thereon there shall be levied, assessed or imposed (i) a tax, assessment, levy, imposition or charge wholly or partially payable as a capital levy or otherwise on the rents received therefrom, or (ii) a tax, assessment, levy, imposition or charge measured by or based in whole or in part upon the Demised Premises and imposed upon Landlord, or (iii) a license fee or charge measured by the rents payable by Tenant to Landlord, or (iv) a license fee or charge measured by the rent receivable by Landlord for the Demised Premises or any portion thereof and/or the Land or any other building or other improvements constructed on the Land, or (v) a tax, license fee or charge imposed on Landlord which is otherwise measured by or based in whole or in part, upon the Building or any portion thereof and/or the Land or any other building or other improvements constructed on the Land, or (vi) any other tax or levy imposed in lieu of or as a substitute for Taxes which are levied, assessed or imposed as of the date of this Lease, then in any such event, the same shall make written demand, Tenant be included in the computation of Taxes hereunder. A tax bill or copy thereof shall produce and exhibit to the Landlord satisfactory be conclusive evidence of payment by Tenant the amount of any such tax assessment, water rent, rate Taxes or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand thereforinstallments thereof. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the The term of the lease, including any extensions thereof.

Appears in 1 contract

Samples: Agreement of Lease (Dealertrack Technologies, Inc)

Real Estate Taxes. (a) Tenant shall further payFor the purposes of this Lease, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged"Real Estate Taxes" shall mean all taxes, laidrates and assessments, levied, assessed, imposed, become due general and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laidspecial, levied, assessed or imposed in lieu of by any lawful authority, falling whole or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time part during the term of this lease Landlord shall make written demandLease, Tenant shall produce and exhibit with respect to the Landlord satisfactory evidence land, buildings and improvements (whether or not the same are assessed as real or personal) located or built within the Shopping Center, including all taxes, rates and assessments, general and special, and front foot benefit charges, levied or imposed for school, public betterment, general or local improvements and operations and taxes imposed in connection with any special taxing district. If the method of payment by Tenant real estate taxation shall be altered or varied and any new tax, excise, assessment or levy shall be levied or imposed on the land, buildings and improvements within the Shopping Center, and/or on any entity having an ownership interest in the Shopping Center, directly or indirectly, in lieu of, in substitution for or as a supplement to any Real Estate Taxes presently levied or imposed in the jurisdiction where the Premises are located, then any such new tax, excise, assessment or levy shall be included within the term Real Estate Taxes. Should any governmental taxing authority presently or hereafter levy, assess, or impose a tax, excise and/or assessment, however described (other than an income or franchise tax based upon the net income with respect to the Shopping Center), upon, against, on account of, or measured by, in whole or in part, the rent expressly reserved hereunder, or upon the rent expressly reserved under any other leases or leasehold interests in the Shopping Center, as a substitute (in whole or in part) or in addition to any existing Real Estate Taxes, such tax or excise on rents shall be included within the term Real Estate Taxes. Reasonable expenses, including attorney's fees, expert witness fees and similar costs, incurred in contesting or obtaining or attempting to obtain a reduction of any Real Estate Taxes or assessed valuations shall be added to and included in the amount of any such Real Estate Taxes. Real Estate Taxes which are being contested shall nevertheless be included for purposes of the computation of the liability of Tenant under this Lease, provided, however, that in the event that Tenant shall have paid any Real Estate Taxes and a refund of any portion of any Real Estate Taxes on which such payment shall have been based is thereafter received, Landlord shall credit to Tenant the appropriate portion of such refund. Landlord shall have no obligation to contest, object or litigate the levying or imposition of any Real Estate Taxes and may settle, compromise, consent to, waive or otherwise determine in its discretion to abandon any contest with respect to the amount of any Real Estate Taxes without consent or approval of the Tenant. If either the Commencement Date or expiration date of this Lease shall not coincide with the beginning or end (as the case may be) of a full lease year, then in computing the amount payable under Section 3.03 for the period between the commencement and/or expiration of the applicable full lease year in question and the Commencement Date and/or expiration date of this Lease, Tenant's proportionate share of Real Estate Taxes for the applicable full lease year shall be equitably apportioned (on a per diem basis) so that Tenant shall pay only such portion of such Real Estate Taxes as is attributable to the portion of such full lease year occurring during the term of this Lease. Tenant's obligation to pay Real Estate Taxes under Section 3.03 of the final lease year shall survive the expiration and/or termination of the term of this Lease. A tax assessmentbill or true copy thereof, water renttogether with any explanatory statement of the area or property covered thereby, rate submitted by Landlord to Tenant shall be conclusive evidence of the amount of taxes assessed or chargelevied, sewer charge as well as of the items taxes. If any real property tax or assessment levied against the land, building or improvements covered hereby or the rents reserved therefrom, shall be evidenced by improvement bonds or other governmental imposition bonds, or chargein any other form, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during amount paid or payable in any lease year shall be included as Real Estate Taxes for that lease year for purposes of Section 3.03. If the term Shopping Center consists of separate tax parcels, then the lease, including Real Estate Taxes with respect to all of said separate tax parcels (whether owned by Landlord and/or any extensions thereofentity or entities under common control with Landlord) shall be included as part of Real Estate Taxes for the purpose of this Lease.

Appears in 1 contract

Samples: f01.justanswer.com

Real Estate Taxes. (a) Tenant For purposes of this Lease, "Real Estate Taxes" shall further pay, at its own cost and expense, mean all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoeverassessments, extraordinary as well as ordinarygeneral or special, and each and every installment thereofordinary or extraordinary, which shall foreseen or may during the term be charged, laid, leviedunforeseen, assessed, imposed, become due and payablelevied or imposed upon the Property, or liens uponassessed, levied or which may arise imposed upon the fixtures, machinery, equipment or systems in, upon or used in connection with the use, occupancy or possession operation of the demised premises Property under the current or any appurtenances future taxation or equipment thereon assessment system or therein or any part thereofmodification of, supplement to, or substitute for such system (provided in the sidewalks or streets in front event of or adjoining the demised premises and all taxes chargedsuch a substitute tax, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under extent possible to be calculated as such, the amount thereof which may be included within Real Estate Taxes shall be the portion (up to the whole, if applicable) which is calculated as if the Land and Building were the sole properties owned by Landlord and the rent and other income derived therefrom was the sole income of Landlord). Real Estate Taxes (a) shall include all reasonable expenses (including, but not limited to, attorneys' fees, disbursements and actual costs) incurred by Landlord in obtaining or attempting to obtain a reduction of such taxes, rates or assessments, including any legal fees and costs incurred in connection with contesting or appealing the amounts or the imposition of any Real Estate Taxes, and (b) shall exclude any franchise, inheritance, capital stock, capital, rent, income, profit or similar tax or charge. Landlord shall pay any special assessment by virtue installments to the extent it has the right to do so, and in such event, Real Estate Taxes shall include such installments and interest paid on the unpaid balance of the assessment. In the event Landlord succeeds in obtaining a reduction of such taxes, rates or assessments, then, after reimbursement to Landlord of all present or future lawsexpenses (including, ordinancesbut not limited to, requirementsattorneys' fees, orders, directions, rules or regulations of the Federal, state, county disbursements and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease actual costs) incurred by Landlord shall make written demandin obtaining such reduction, Tenant shall produce and exhibit be entitled to receive Tenant's Share of the net amount, if any, pro-rated for the period with respect to which Tenant paid its share of Real Estate Tax Increases for such year, of any refund received or reduction obtained by Landlord to the Landlord satisfactory evidence extent allocable to the Term of this Lease (but in no event shall any such payment to Tenant exceed the difference between the amount of Real Estate Tax Increases paid by Tenant for the relevant period and the expenses of any obtaining the refund giving rise to such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofpayment).

Appears in 1 contract

Samples: Lease (Boron Lepore & Associates Inc)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, The term "Real Estate Taxes" means all taxes and special and general assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or that may during the term be charged, laidassessed, levied, assessedconfirmed, imposedimposed or become a lien on any Property (other than on account of any actions or omissions of Landlord, become due and payablea Third Party Lessor, or liens uponthe Leemilt's Lessor, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereofGettymart Lessor, or the sidewalks Power Test Lessor or streets in front conditions existing on, at or with respect to any such Property before the applicable Commencement Date) by or for the benefit of or adjoining any Government with respect to any period during the demised premises Term, together with any taxes, assessments and all occupancy taxes charged, laid, that may be levied, assessed or imposed by any Government in lieu of or as a substitute, in addition whole or in part, for any of the foregoing. Notwithstanding the foregoing, all such items referred to above which are the obligation of a lessee under a Third Party Lease, the Leemilt's Lease, the Gettymart Lease, and a Power Test Lease (except to the foregoing under or by virtue of all present or future lawsextent, ordinancesif any, requirementssuch item is included as Fixed Rent hereunder) are also "Real Estate Taxes." The term "Real Estate Taxes" shall, ordershowever, directions, rules or regulations not include any of the Federalfollowing, stateall of which Landlord shall pay before delinquent or payable only with a penalty: (a) any franchise, county and municipal governments and income, excess profits, estate, inheritance, succession, transfer, gift, corporation, business, capital levy, or profits tax, or license fee (other than a license fee imposed with respect to any Property or the Improvements thereon the maintenance of all other governmental authorities whatsoever. If at any time during which is Tenant's responsibility pursuant to the term terms of this lease Landlord shall make written demandRestated Lease) of Landlord, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) the incremental portion of any of the items listed in this articleSection that would not have been levied, payments imposed or assessed but for any sale or other direct or indirect transfer of all aforesaid the Fee Estate or of any interest in Landlord during the Term, (c) any charges shall be timely made by the Tenant in order to avoid the assessments that would not have been payable but for any act or omission of interestLandlord or conditions existing on, penalties, and other costs. With at or with respect to assessments any Property before the applicable Commencement Date, (d) any charges that may be paid in installmentsare levied, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due assessed or imposed against any Property during the term Term based on the recapture or reversal of the lease, including any extensions thereof.any

Appears in 1 contract

Samples: Master Lease (Getty Realty Corp /Md/)

Real Estate Taxes. (a) Tenant For purposes of this Lease, “Real Estate Taxes” shall further pay, at its own cost and expense, mean all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoeverassessments, extraordinary as well as ordinarygeneral or special, and each and every installment thereofordinary or extraordinary, which shall foreseen or may during the term be charged, laid, leviedunforeseen, assessed, imposed, become due and payablelevied or imposed upon the Building or the Land, or liens uponassessed, levied or which may arise imposed upon the fixtures, machinery, equipment or systems in, upon or used in connection with the use, occupancy or possession operation of the demised premises Building or the Land under the current or any appurtenances future taxation or equipment thereon assessment system or therein or any part thereofmodification of, supplement to, or substitute for such system Real Estate Taxes shall include all reasonable expenses (including, but not limited to, attorneys’ fees, disbursements and actual costs) incurred by Landlord in obtaining or attempting to obtain a reduction of such taxes, rates or assessments, including any legal fees and costs incurred in connection with contesting or appealing the sidewalks amounts or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant imposition of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to Real Estate Taxes. In the Landlord not later than twenty event Real Estate Taxes (20including special assessments) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, they may be paid in installments or in lump sum, at Landlord’s election (and in such event Real Estate Taxes shall include such installments and interest paid on the option unpaid balance of the payerassessment, Tenant or the entirety thereof, as applicable). The foregoing notwithstanding, Real Estate Taxes shall not include: (i) any franchise, corporation, income, excess profits taxes or, grantor’s and recordation net profits tax which may make be assessed against Landlord or the Project or both, (ii) transfer, grantor’s and recordation taxes assessed against Landlord or the Project or both, (iii) penalties or interest on any late payments of Landlord, (iv) personal property taxes of Tenant, (v) any rental or other charges or fee imposed upon Landlord in installments rather than connection with the lease or use of any vault space, (vi) estate taxes, inheritance taxes, succession taxes, (vii) gift taxes, (viii) unincorporated business tax, or (ix) taxes on personal property of Landlord not used in a lump sum. Tenant will be obligated to pay only connection with the installments due during the term operation, repair or maintenance of the leaseProject Real Estate Taxes also shall exclude any interest or penalties arising by reason of the late payment of same, including any extensions thereofprovided Tenant has timely made all payments of Tenant’s Share of Increases in Real Estate Taxes as required hereunder.

Appears in 1 contract

Samples: Assignment Agreement (ICF International, Inc.)

Real Estate Taxes. If the Premises are separately assessed, Tenant shall pay all real estate taxes and all installments of assessments (collectively, the "Taxes") payable with respect to the Premises during the Lease Term promptly as the same shall become due and before interest or penalty accrues thereon, and provide evidence to Landlord of timely payment. Such payment shall be proportionately adjusted during the first and the last years of the term hereof. Tenant shall not be chargeable with nor be obligated to pay (a) Tenant shall further payany tax of any other kind whatsoever which may be imposed on Landlord, at its own cost and expense, all taxes and assessments sewer the rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payablepayable hereunder, or liens uponthe Premises, or which may arise (b) any interest or penalties payable as a result of Landlord's failure to pay any Taxes or assessments prior to delinquency, except the Taxes mentioned in connection with the usethis Article 25 if they are separately billed to Tenant, occupancy or possession (c) any tax attributable to an increase in valuation of the demised premises or any appurtenances or equipment thereon or therein Shopping Center, or any part thereof, resulting from the sale or financing of the Shopping Center or any part thereof. If the Premises are not already separately assessed, Landlord shall upon the execution of this Lease cause the Premises to be separately assessed by the applicable taxing authorities. If Landlord is unable to cause the Premises to be separately assessed by the applicable taxing authorities, Tenant shall pay to Landlord Tenant's proportionate share of the Taxes payable with respect to the Shopping Center during the Lease Term. Tenant's proportionate share shall be equal to a fraction, the numerator of which is the number of leasable square feet in the Premises and the denominator of which is the greater of (i) 30,000 square feet as shown on EXHIBIT B, or (ii) the number of leasable square feet in all buildings (including mezzanines and basement areas, and areas outside of each building if used for outdoor sales, storage or similar use by any tenant(s) of the Shopping Center) of the Shopping Center (and any other buildings included within the tax parcel). Landlord shall submit a xxxx to Tenant together with photostatic copies of all notices regarding the Taxes, including, but not limited to, any assessments, changes of assessments, tax rates, changes of taxes, and tax bills (the "Tax Xxxx"). The Tax Xxxx shall be submitted to Tenant at least ten (10) days before the last date when Tenant must make appeals or take other appropriate legal action in connection with such Taxes on the Premises. Tenant shall pay the Tax Xxxx to Landlord on or before the later of (i) ten (10) days prior to the due date of the Taxes and (ii) thirty (30) days after billing from Landlord. Tenant shall pay only its proportionate share of Taxes payable with respect to the Shopping Center land until such time as the improvements comprising the Premises are separately assessed, and Tenant shall not pay any Taxes against the buildings comprising the Shopping Center until such time. Tenant shall under no circumstances be liable for increases in real estate taxes due to expansion of or improvements to any adjacent shopping center or other adjacent property or for any Taxes assessed but not payable after the termination of this Lease. Landlord shall furnish Tenant with proof of payment of the Taxes within thirty (30) days of Tenant's payment. Best Buy Tenant shall have the right to contest, in good faith, the validity or the sidewalks amount of any Taxes levied against the Premises or streets the Shopping Center, whether the Premises are separately assessed or not, by such appellate or other proceedings as may be appropriate in front the jurisdiction and may defer payment of such obligations, pay same under protest or adjoining take such other steps as Tenant may deem appropriate. Landlord shall cooperate, at Tenant's expense, with the demised premises institution and all taxes chargedin prosecution of any such proceedings and will execute and will provide any documents reasonably required therefor. The expense of such proceedings shall be borne by Tenant and any refunds or rebates secured shall belong to Tenant. In the event Landlord contests the validity or the amount of any Taxes levied against the Premises or the Shopping Center and if any refunds or rebates are secured by Landlord as a result of such proceedings, laidLandlord shall proportionately pass-through to Tenant the amount of any such refunds or rebates, after costs. Further, if Landlord contracts with any outside consultants or for such services for purposes of seeking any refunds or rebates of the Taxes, such contracts will be written on a contingency basis not to exceed, without Tenant's prior consent, one-third (1/3) of the savings. Notwithstanding anything to the contrary contained herein, the definition of Taxes shall not include, and Tenant shall have no obligation to pay, any assessments levied, pending or assessed prior to the Commencement Date or which relate to special assessments for work performed prior to the Commencement Date. Landlord or Tenant shall have the right to contest or seek a reduction in Taxes. In the event of any action to xxxxx or reduce rents, any rebates, refunds or abatements of Taxes, less reasonable out-of-pocket costs paid to independent third parties to obtain the same, shall be refunded to Tenant on a pro-rata basis to the extent previously paid by Tenant within thirty (30) days of receipt by Landlord. Tenant shall at all times be solely responsible for and shall pay before delinquency all municipal, county, state or federal taxes assessed or imposed in lieu levied against any leasehold interest hereunder or any personal property of any kind owned, installed or in addition to the foregoing under or used by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverTenant. If at any time during the term of this lease Lease, a tax or excise on rents or other tax, however described, is levied or assessed against Landlord on account of or measured by, in whole or in part, the rent expressly reserved hereunder (excluding any income, corporate franchise, corporate, estate, inheritance, succession, capital stock, corporate loan, corporate bonus, transfer or profit tax of Landlord) as a substitute, in whole or in part, for taxes assessed or imposed on land and buildings, such tax or excise on rents or other tax shall make written demandbe included as a part of the real property taxes covered hereby, Tenant shall produce and exhibit but only to the Landlord satisfactory evidence extent of payment the amount thereof which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the rentals accruing under this Lease. If any real property tax or assessment levied against the land, buildings or improvements covered hereby or the rents reserved therefrom shall be evidenced by Tenant of any such tax assessment, water rent, rate or charge, sewer charge improvement or other governmental imposition bonds or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that form which may be paid in installments, at the option of the payerLandlord shall, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay if permitted, elect such installment payment plan and only the installments due during amount paid in any Lease Year shall be included in the term taxes for that Lease Year for purposes of the lease, including any extensions thereofthis Article.

Appears in 1 contract

Samples: Escrow Agreement (Inland Western Retail Real Estate Trust Inc)

Real Estate Taxes. (a) Tenant shall further paypay to Landlord as additional rent during each lease year its "proportionate share", at its own cost and expense, all as hereunder defined of the real property taxes and assessments sewer rents and other governmental impositions and charges without limitation payable by Landlord during each lease year with respect to the entire Shopping Center. In the event the Stale of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment Michigan or any political subdivision thereof, or any governmental authority having jurisdiction thereover, shall impose a tax and/or assessment of any kind or nature upon, against or with, respect to rentals payable by Tenant to Landlord, or on the income of Landlord derived from the Leased Premises (other than the current income or single business tax), or with respect to the ownership, occupancy or rental of the land and buildings comprising the Leased Premises, either by way of substitution for all or any part of the real estate taxes levied or assessed against such land and buildings, or in addition thereto, such tax and/or assessment shall be deemed to constitute a real estate tax against such land and such building for the purposes of this clause, to include personal properly taxes if applicable. Tenant's "proportionate share" shall be equal to the product obtained by multiplying such taxes and assessments by a fraction the numerator of which shall be the total number of square feet of area of the Tenant's Leased Premises and the denominator the total number of square feet of area in the Shopping Center. Landlord shall have the option to exclude from the denominator any first floor area of the rentable space of any portion of the Shopping Center and any land and improvements appurtenant thereto, that may now or may hereafter be separately taxed, billed or assessed. Tenant's "proportionate share" of all of the aforesaid taxes and assessments levied or assessed for or during the term hereof, as determined by Landlord, shall be chargedpaid in monthly installments, laidon or before the first day of each calendar month, leviedin advance, assessedin an amount estimated by Landlord; provided, imposedthat in the event Landlord is required under any Mortgage covering the Shopping Center to escrow real estate taxes, become due and payableLandlord may but shall not be obligated to, or liens upon, or which may arise in connection with use the use, occupancy or possession amount required to be escrowed as a base for its estimate of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue monthly installments due from Tenant hereunder. Upon receipt of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county tax bills and municipal governments and of all other governmental authorities whatsoever. If at assessment bills attributable to any time calendar year during the term of this lease hereof, Landlord shall make furnish Tenant with a written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option statement of the payertaxes and assessments for such year. In the event no tax xxxx is available, Tenant may make payments in installments rather than in a lump sum. Tenant Landlord will be obligated to pay only compute the installments due during the term amount of the lease, including any extensions thereofsuch lax.

Appears in 1 contract

Samples: Muslim Media Network, Inc.

Real Estate Taxes. (a) Tenant shall further pay, at directly to Landlord: (i) its own cost pro-rata share of all taxes, assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinaryrents, and each all other government levies and every installment thereofcharges, general and special, ordinary and extraordinary, foreseen and unforeseen, which shall or may during the term be chargedare, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term Term hereof, imposed or levied upon or assessed against (A) the Property, (B) any Fixed Rent, Additional Rent or other sum payable hereunder, provided, however, that Tenant shall not be required to pay any of Landlord's income taxes, estate, succession or inheritance taxes, or (C) this lease Landlord Lease, or the leasehold estate hereby created, or which arise in respect of the operation, possession or use of the Premises; (ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any time levied, assessed or payable on account of the acquisition, leasing or use of the Premises; and (iv) all charges for utilities furnished to the Premises which may become a lien on the Property (collectively "taxes and assessments" or if singular "tax or assessment"). For each tax or assessment period, or installment period thereof included in the Term, all such payments shall make written demandbe made by Tenant not less than fifteen days prior to the last date on which the same may be paid without interest or penalty. For any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall produce and exhibit pay to the Landlord satisfactory evidence of payment by Tenant of any such tax assessmentLandlord, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty within ten (2010) days after Landlord’s written demand receipt of invoice therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Except as set forth Nothing contained in section (b) of this articleLease shall, payments of all aforesaid charges shall be timely made by the however, require Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only any of Landlord's income taxes, estate, succession or inheritance taxes. Landlord shall furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the installments due during the term of the lease, including any extensions thereofProperty.

Appears in 1 contract

Samples: Lease Agreement (Bertuccis of White Marsh Inc)

Real Estate Taxes. Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord’s interest in the Project or such personal property, by any Federal, State or local entity, including : (ai ) Tenant shall further pay, at its own cost and expense, all real property taxes and general, special, supplemental and escape assessments; (ii) charges, fees or assessments sewer rents and for transit, public improvements, employment, job training, housing, day care, open space, art, police, fire or other governmental impositions services or benefits; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project; (v) any tax, assessment, charge, levy or fee for environmental matters, or as a result of the imposition of mitigation measures, such as parking taxes, employer parking regulations or fees, charges or assessments due to the treatment of the Project, or any portion thereof or interest therein, as a source of pollution or stormwater runoff; (vi) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Estate Taxes; and (vii) consultants’ and attorneys’ fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Estate Taxes. Real Estate Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Estate Tax; and (B) penalties, fines, interest or charges due for late payment of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and Real Estate Taxes by Landlord. If any Real Estate Taxes are payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payertaxpayer be paid, Tenant may make payments in installments rather than installments, such Real Estate Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in a lump suminstallments, amortized over the maximum time period allowed by applicable law. Tenant will be obligated to pay only In the installments due during the term of the lease, including any extensions thereof.event

Appears in 1 contract

Samples: Office Lease (Stitch Fix, Inc.)

Real Estate Taxes. (a) Tenant Operating Costs shall further payinclude all Real Estate Taxes. The term "Real Estate Taxes" shall mean and include all taxes, at its own cost assessments, water and expense, all taxes and assessments sewer rents charges and other similar governmental impositions and charges of every kind and nature whatsoeverlevied on or attributable to the Building or Project or their operation, extraordinary as well as ordinaryincluding without limitation, and each and every installment thereof(i) real property taxes or assessments levied or assessed against the Building (including tenant improvements) or Project, which shall (ii) assessments or may during charges levied or assessed against the term be chargedBuilding or Project by any redevelopment agency, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with (iii) any tax measured by gross rentals received from the use, occupancy or possession leasing of the demised premises Premises, Building or Project, excluding any appurtenances net income, franchise, capital stock, state or equipment thereon inheritance taxes imposed by the State or therein federal government or any part thereoftheir agencies, branches or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If departments; provided that if at any time during the term Term any governmental entity levies, assesses or imposes on Landlord any (A) general or special, ad valorem or specific, excise, capital levy or other tax, assessment, levy or charge directly on the Rent received under this Lease or on the rent received under any other leases of space in the Building or Project, or (B) any license fee, excise or franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rent, or (C) any transfer, transaction, or similar tax, assessment, levy or charge based directly or indirectly upon the transaction represented by this lease Landlord shall make written demandLease or such other leases, Tenant shall produce and exhibit to or (D) any occupancy, use, per capita or other tax, assessment, levy or charge based directly or indirectly upon the Landlord satisfactory evidence use or occupancy of payment by Tenant of the Premises or other premises within the Building or Project, then any such tax assessmenttaxes, water rentassessments, rate or charge, sewer charge or other governmental imposition or charge, levies and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made deemed to be included in the term Real Estate Taxes. If Real Estate Taxes are increased after payment thereof for any reason, including, without limitation, error or reassessment by the Tenant in order to avoid the assessments of interestapplicable governmental or municipal authorities, penaltiesReal Estate Taxes shall include, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.shall pay

Appears in 1 contract

Samples: Office Building Lease (Remedytemp Inc)

Real Estate Taxes. For the purposes of this Section, the term "taxes" shall include all real estate taxes, assessments (ageneral and special) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the lease term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of of, or grow duo or payable out of, or for, the demised premises or any appurtenances or equipment thereon or therein building or any part thereof, or the sidewalks land (the "Parcel") upon which the building is situated or streets any other improvements thereon. Tenant agrees to pay to Landlord Tenant's share of taxes, as herein provided, Tenant's proportionate share of taxes assessed with respect to all buildings in front the Industrial Park shall be determined by multiplying the amount of or adjoining such taxes by a fraction, the denominator of which shall be the rentable square foot area of all buildings constructed in the Industrial Park upon which any such taxes are assessed and the numerator of which shall be the total number of square feet of ground floor area contained in the demised premises as set forth in Section 1.01 hereof. Taxes shall be prorated as of the commencement date of the Lease upon the due date basis of the appropriate taxing authorities. In addition to the foregoing, should the State of Florida or any political subdivision thereof or any governmental authority having jurisdiction thereover, impose a tax and/or assessment (other than a franchise tax) upon or against the rentals payable hereunder by Tenant or Landlord, either by way of substitution for the taxes and assessments levied or assessed against such land and such buildings, or in addition hereto, such tax and/or assessments shall be paid by Tenant, Landlord will estimate the obligations anticipated to be required to be paid by Tenant to Landlord as provided in this Section 2.04 and Tenant shall pay 1/12 thereof in equal monthly installments together with the payment of minimum annual rent. in the event that the aggregate of Tenant's installments during the year shall be less than the amount of the obligations due from Tenant, such deficiency shall be paid to Landlord within fifteen (15) days after demand therefor. If there shall have been an overpayment by Tenant, Tenant shall be given a credit towards the next due payment of its share of taxes. Notwithstanding anything in this Section 2.04 to the contrary, all costs and expenses incurred by Landlord during negotiations for or contests of the amount of the taxes shall be included with the term "taxes." In the event a refund is obtained, Landlord shall credit a portion thereof to the next installment of rent due from Tenant in proportion to the share of such taxes originally paid by Tenant from which the refund was derived. In addition to the foregoing, Tenant at all times shall be responsible for and shall pay, before delinquency, all taxes charged, laid, levied, assessed or imposed unpaid on any leasehold interest, any right of occupancy, any investment of Tenant in lieu of the Demised Premises, or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant personal property of any such tax assessmentkind owned, water rent, rate installed or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made used by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the leaseTenant, including any extensions thereof.Tenant's leasehold improvements or on Tenants right to occupy the Demised Premises

Appears in 1 contract

Samples: Lease (Singing Machine Co Inc)

Real Estate Taxes. (a) As and for Additional Rent, Tenant shall further paypay to Landlord, at its own cost without setoff or deduction, any and expense, all real estate taxes (as defined below) relating to the Premises during the Term of this Lease. The term "real estate taxes" shall mean all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall (whether general or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, special) levied, assessed or imposed at any time by any governmental body or authority upon or against the Premises, this Lease, and the improvements to any portion of the Premises, and includes any tax, assessment or licensing fees levied, assessed or imposed at any time by any governmental body or authority relating to Tenant's operations or property in the Premises or in connection with the receipt of income or rents from the Premises to the extent that same shall be in lieu of (and/or in lieu of an increase in) all or in addition a portion of any of the aforesaid taxes or assessments upon or against the Premises. The term "real estate taxes" shall also include, to the foregoing under or by virtue of all present or future lawsextent that the same are charged to Landlord rather than directly to Tenant, ordinances, requirements, orders, directions, rules or regulations any of the Federalfollowing taxes relating to Tenant's use, stateoccupancy of, county or operations conducted at the Premises: gross receipts tax, ad valorem tax, capital stock or franchise tax, business privilege tax, sales tax, parking tax, value added tax, or personal property tax, and municipal governments any similar taxes not presently in effect which may hereafter be assessed and levied by any governmental body or other authority. "Real Estate taxes" shall not include any of Landlord's franchise, business privilege, payroll, or federal or state income tax or any estate or inheritance taxes unless the same shall be in lieu of (and/or in lieu of an increase in) all other governmental authorities whatsoeveror a portion of any of the aforesaid real estate taxes or assessments upon or against the Premises. If at any time All such real estate taxes due or payable shall be paid to Landlord within 30 days of the date Tenant receives Landlord's invoice thereof. Tenant shall only be responsible for real estate taxes imposed for tax years (or the pro rata portion thereof for partial tax years) during the term Term of this lease Landlord Lease and any extensions, renewals, and hold-over periods hereof. A "tax year" shall make written demandbe deemed to be a calendar year, notwithstanding the assessment or collection thereof on a different basis by any taxing authority. Tenant shall produce may, at its sole cost and exhibit expense, contest any assessment or levy of real estate taxes, provided that Tenant either pays such real estate taxes under protest or deposits with Landlord, prior to the Landlord satisfactory evidence date on which the taxes are due and payable, an amount which is necessary to pay the total amount of payment by Tenant of any such tax assessmentreal estate taxes, water rent, rate or charge, sewer charge or other governmental imposition or charge, together with all penalties and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penaltiesin the event that such contest is unsuccessful. To the extent necessary therefor, Landlord will consent to execute such documents and other costs. With respect to assessments that participate in such proceedings as may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofreasonably necessary.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Inc)

Real Estate Taxes. (a) A. Tenant shall further paypay as Additional Rent during the Term, at its own cost and expenseupon demand from time to time by Landlord, all taxes and the "Proportionate Share" (as hereinafter defined) of real estate taxes, assessments sewer rents and other governmental impositions charges and charges of every kind and nature whatsoeverlevies which may be made or imposed upon the Premises ("Taxes"), extraordinary as well as ordinaryother than income, and each and every installment thereoffranchise, which shall gross receipts, corporation, capital levy, excess profits, revenue, inheritance, devolution, gift, estate, payroll or may during the term be charged, laid, levied, assessed, imposed, become due and payablestamp tax, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed other tax not in lieu of or in addition to the foregoing under or by virtue of all present or future lawsas substitute for real estate tax; provided, ordinanceshowever, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at that if any time during the term Tern the methods of this lease Landlord taxation prevailing at the Commencement Date shall make written demandbe altered so as to cause the whole or any part of the Taxes to be imposed, wholly or partly, as a capital levy, on the rents received from the Premises or otherwise, or if any tax shall be measured by or based in whole or in part upon the value of the Premises and shall be imposed upon Landlord, then, to the extent that such other tax is a substitute for or is enacted in lieu of existing real estate tax, as described above, Tenant shall produce be responsible for payment, as Additional Rent, of all such Taxes. The maximum obligation of Tenant, however, shall be achieved by computing such substitute tax as if the Premises were the sole property of Landlord. Upon request of Tenant, Landlord shall execute all documents necessary for, and exhibit to will cooperate with Tenant with respect to, the prosecution, in Landlord's name, of appeals of the tax assessment against the Premises, provided that no such appeal shall be prosecuted if the prosecution thereof would, in Landlord's reasonable judgment, jeopardize Landlord's ownership of the Tract or create any lien or encumbrance thereon, and further provided that Landlord satisfactory evidence of payment by Tenant of shall incur no expense or obligation in connection with any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofappeals.

Appears in 1 contract

Samples: Lease Agreement (Teardrop Golf Co)

Real Estate Taxes. (a) Commencing on January 1, 2016 and continuing throughout the Lease Term, Tenant agrees to pay Landlord, as Additional Rent, Tenant’s Proportionate Share as set forth in Section 1(a)4, of any increase in Real Estate Taxes over the Base Real Estate Tax Amount set forth in Section 1(a)15 above. The term “Real Estate Taxes” shall further pay, at its own cost and expense, mean all taxes and assessments sewer rents assessments, general and other governmental impositions special, ordinary and charges of every kind extraordinary, foreseen and nature whatsoeverunforeseen, extraordinary as well as ordinarynow or hereafter assessed, levied or imposed upon the Building, the Land, and each the parking garages and every installment thereofthe lots upon which they are situated, which shall or may during the term be chargedincluding, laidwithout limitation, leviedvault fees and charges, assessedarena taxes, imposedfront foot benefit charges and adequate public facility costs and assessments, become due and payabletogether with (i) any tax, assessment, or liens uponother imposition in the nature of a real estate tax, or which may arise in connection with the use, occupancy or possession of the demised premises (ii) any ad valorem tax on rent or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or tax on income if imposed in lieu of or in addition to Real Estate Taxes and assessments, and (iii) any taxes and assessments which may hereafter be substituted for Real Estate Taxes, including by way of illustration only, any tax, assessment or other imposition (whether a business rental or other tax) now or hereafter levied for Tenant’s use or occupancy of or conduct of business at the foregoing under Demised Premises, on Tenant’s improvements to or furniture, fixtures or equipment in the Demised Premises, or imposed upon the rent payments. “Real Estate Taxes” shall also include all reasonable, out-of-pocket, third-party costs incurred by virtue Landlord in contesting the validity or amount of all present any such taxes. Notwithstanding anything in this Lease to the contrary, Real Estate Taxes shall not include (x) any income taxes, excess profits taxes, excise taxes, franchise taxes, estate taxes, inheritance taxes, gift taxes, succession taxes and transfer taxes; (y) any interest or future lawspenalties incurred by Landlord by reason of Landlord’s failure to pay in a timely manner any Real Estate Taxes; or (z) real estate taxes and other impositions on separate tax lots, ordinancesother than the tax lots for the parking garages. For the purposes of this Lease, requirementsany special assessments shall be deemed payable in the greatest number of installments as is permitted by law, orderswhether or not actually so paid. Notwithstanding any other provision in this Lease to the contrary, directions(1) if the Building is not assessed at least 95% of fully assessed value during any calendar year (including calendar year 2015), rules or regulations then an adjustment shall be made in computing the Real Estate Taxes for such year so that the Real Estate Taxes shall be computed for such year as though the Building had been assessed at ninety-five (95%) of its fully assessed value during such year; and (2) the Real Estate Taxes for calendar year 2015 shall be increased by the estimated amount of the FederalTysons Transportation Tax Assessment, state, county Dulles Phase I Rail District tax assessment and municipal governments and of all other governmental authorities whatsoeversimilar tax assessments. If at any time during the term of this lease Real Estate Tax Expenses that are being contested by Landlord shall make written demandbe included in computing Tenant’s Share of Increased Real Estate Tax Expenses, but if Tenant shall have paid Tenant’s Proportionate Share of Real Estate Taxes on account of contested Real Estate Taxes and Landlord thereafter receives a refund of such taxes, Tenant shall produce receive a credit toward the payments of Rent next becoming due and exhibit payable in an amount equal to the Landlord satisfactory evidence Tenant’s proportionate share of payment by Tenant such refund (net of any associated reasonable, out-of-pocket, third-party costs and expenses incurred by Landlord directly in connection with such tax assessmentappeal and not already included in Operating Expenses), water rentor, rate or chargeif the Term has expired, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered then Landlord shall promptly refund any excess estimated payments to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofTenant.

Appears in 1 contract

Samples: Deed of Lease (Cvent Inc)

Real Estate Taxes. (a) Tenant shall pay directly all Taxes that accrue against the Building during the Term; provided, however, that Txxxxx’s obligation to pay Taxes is conditioned on Landlord timely delivering to Tenant any and all necessary documentation for the payment of Taxes and Landlord’s reasonable cooperation with respect thereto. The Parties acknowledge and agree that immediately prior to the effective date hereof, Tenant (or an affiliate of Tenant) owned the Premises; accordingly, and in furtherance of Tenant's obligation to directly pay all Taxes pursuant to this Section 2.3, the Parties further payacknowledge and agree that Tenant will retain responsibility for the direct payment of all Taxes attributable to calendar year 2023 and calendar year 2024 (as and when due) notwithstanding that such Taxes (or a portion thereof) are attributable to time periods occurring prior to the Commencement Date. “Taxes” means any present or future federal, state, municipal or local taxes, assessments, levies, benefit charges, and/or other governmental and/or private impositions (including business park charges and dues), levied, assessed and/or agreed to be imposed upon the Building, or upon the rent due and payable hereunder, whether or not now customary or within the contemplation of the Parties hereto and regardless of whether the same shall be extraordinary or ordinary, general or special, or similar or dissimilar to any of the foregoing, but shall not include any inheritance, estate, succession, income, profits or franchise tax. Tenant shall have the right to, at its own sole cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall contest any increase in Taxes or may during any increase in the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession assessment of the demised premises real property on which the Building is located (the “Land”). If any such tax or any appurtenances excise is levied or equipment thereon or therein or any part thereofassessed directly against Tenant, or then Tenant shall be responsible for and shall pay the sidewalks or streets same at such times and in front of or adjoining such manner as the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in taxing authority shall require. In addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demandforegoing, Tenant shall produce and exhibit to be liable for all taxes levied or assessed against any personal property or fixtures placed in the Premises, whether levied or assessed against Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofTenant.

Appears in 1 contract

Samples: Commercial Lease Agreement (CONX Corp.)

Real Estate Taxes. (a) Landlord shall pay all Taxes levied upon or assessed against the land and improvements comprising the Center and the appurtenances thereto during the Term of this Lease. If the Taxes payable by Landlord are increased in any Tax Year during the Term of this Lease over the amount of such Taxes due and payable with respect to the Center for the Tax Tear in effect as of the Commencement of this Lease, then Tenant shall further paypay to Landlord, at as Additional Rent, its own cost and expense, Proportionate Share of such Tax increase. The term "Taxes" shall be defined as (i) all taxes and assessments sewer rents real estate and other governmental impositions and charges of every kind and nature whatsoeverad valorem taxes, extraordinary as well as ordinaryincluding, and each and every installment thereofwithout limitation, which shall real estate rental, receipt or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises gross receipt tax or any appurtenances other tax on Landlord (excluding Landlord's income taxes), now or equipment thereon hereafter imposed by any federal, state or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises local taxing authority and all taxes charged, laid, levied, assessed or imposed in lieu of whether as a substitution for or in addition to the foregoing under present method of real property taxation currently in use; (ii) costs of attorney's and appraiser's fees, if necessary, incurred in connection with any negotiation, contest or appeal pursued by virtue of all present or future lawsLandlord in an effort to reduce taxes, ordinances, requirements, orders, directions, rules or regulations and (iii) any metropolitan district water and sewer charges and other governmental charges which customarily are part of the Federal, state, county and municipal governments and of all other real estate tax xxxx issued by governmental authorities whatsoevercharged with said responsibility. If at Taxes shall be adjusted on a proportionate basis for any time period which shall be less than a Tax Year. The Tax Year shall be the year so established by the governmental authority charged with that responsibility. Landlord agrees to provide Tenant with a copy of the Tax xxxx and the calculation of Tenant's share thereof within a reasonable time. Tenant agrees to pay its Proportionate Share of any increase in Taxes above the amount of Taxes due and payable during the term Tax Year in effect as of this lease Landlord shall make written demand, the commencement of the Term. Tenant shall produce and exhibit to the Landlord satisfactory evidence pay such Proportionate Share of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty Taxes within thirty (2030) days after written request therefor by Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid further agrees, in installmentslieu thereof, at the option prior request and election of Landlord, to pay the same in equal monthly installments in such amounts as are estimated and billed for each Tax Year by Landlord at the commencement of the payerTerm and at the beginning of each successive Tax Year, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only with appropriate adjustment being made at the installments due during the term end of the lease, including any extensions thereofeach Tax Year.

Appears in 1 contract

Samples: White Marsh Business Center Agreement of Lease (Imtek Office Solutions Inc)

Real Estate Taxes. (a) 29TH: Tenant shall further paycovenants and agrees to pay as additional rent its proportionate share of all real estate taxes, at its own cost assessments, water rates and expensecharges, all taxes and assessments sewer rents and other governmental impositions charges, general and charges special, ordinary and extraordinary, unforeseen as well as foreseen of every any kind and or nature whatsoever, extraordinary as well as ordinaryincluding, and each and every installment thereof, but not limited to assessments for public improvements or benefits which shall or may during the term be charged, laid, levied, assessed, imposed, levied or imposed upon and become due and payable, and a lien upon the land and building of the demised premises or liens uponthe shopping center of which the demised premises forms a part, for any and all tax years during the term hereof (all of which real estate taxes, assessments, charges, levies or other governmental charges are referred to as "Impositions"). The sum of the impositions assessed against the shopping center for any tax year during the term hereof shall be deemed to be the impositions assessed against the shopping center for said tax year. Tenant's proportionate share of any and all impositions assessed against the demised premises or the shopping center premises of which may arise same form a part for any tax year shall be the product of (a) the amount of the impositions assessed against the shopping center for said tax year and (b) a fraction the numerator of which is the square footage of the floor area of the demised premises (11,000 sq. ft.) and the denominator of which is the total square footage of the floor area of all stores in connection the shopping center (47,700 sq. ft.) determined as of the commencement of the said tax year. From the commencement date hereof and thereafter, during each period during which real estate taxes are being paid by Landlord based on preliminary tax bills, Tenant shall pay to Landlord, on the first day of each and every month during such period, one twelfth (l/12th) of Tenant's pro rata share of the annualized preliminary applicable taxes then being paid by Landlord. Open receipt by Landlord of final real estate tax bills and bills for additional taxes or assessments, Tenant shall pay to Landlord any unpaid portion of its pro rata share of such taxes in equal monthly installments on the first day of each and every month during the balance of the calendar year. All real estate taxes which shall become payable for the first and last tax years of the term hereof shall be apportioned pro rata between Landlord and Tenant in accordance with the use, occupancy or respective number of months during which each party shall be in possession of the demised premises in said respective tax year. If Landlord shall obtain a remission or any appurtenances or equipment thereon or therein a refund of all or any part thereofof the real estate taxes heretofore paid by Tenant for any year, Landlord shall promptly refund to Tenant (or the sidewalks credit Tenant with) its proportionate share of such remission or streets in front of or adjoining the demised premises and all taxes chargedrefund, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue after deduction of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverexpenses incurred in connection therewith. If at any time during the term of this lease Landlord Lease the methods of taxation prevailing at the commencement of the term hereof shall make written demandbe altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now levied, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessed or imposed, there is imposed (i) a tax, assessment, water rentlevy, rate imposition or a charge, sewer charge wholly or other governmental partially as a capital levy or otherwise, on the rents received therefrom or (ii) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or chargecharge measured by or based in whole or in part upon the premises and imposed upon the Landlord, or (iii) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies, impositions and said proof charges, or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges part thereof so measured or based shall be timely made deemed to be included in the general real estate taxes and assessments payable by the Tenant pursuant to this paragraph and the Tenant shall pay and discharge the same as herein provided in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payerpayment of general real estate taxes and assessments. As employed in this Article, Tenant may make payments in installments rather than in a lump sum"shopping center" shall be deemed to include that portion of Landlord's shopping center property located within the Township of Cedar Grove, New Jersey. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.Common Area Maintenance

Appears in 1 contract

Samples: Lease Agreement (Clearview Cinema Group Inc)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, The term “Real Estate Taxes” means all taxes and special and general assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or that may during the term be charged, laidassessed, levied, assessedconfirmed, imposedimposed or become a lien on any Property (other than on account of any actions or omissions of Landlord, become due and payablea Third Party Lessor, or liens uponthe Leemilt’s Lessor, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereofGettymart Lessor, or the sidewalks Power Test Lessor or streets in front conditions existing on, at or with respect to any such Property before the applicable Commencement Date) by or for the benefit of or adjoining any Government with respect to any period during the demised premises Term, together with any taxes, assessments and all occupancy taxes charged, laid, that may be levied, assessed or imposed by any Government in lieu of or as a substitute, in addition whole or in part, for any of the foregoing. Notwithstanding the foregoing, all such items referred to above which are the obligation of a lessee under a Third Party Lease, the Leemilt’s Lease, the Gettymart Lease, and a Power Test Lease (except to the foregoing under or by virtue of all present or future lawsextent, ordinancesif any, requirementssuch item is included as Fixed Rent hereunder) are also “Real Estate Taxes.” The term “Real Estate Taxes” shall, ordershowever, directions, rules or regulations not include any of the Federalfollowing, stateall of which Landlord shall pay before delinquent or payable only with a penalty: (a) any franchise, county and municipal governments and income, excess profits, estate, inheritance, succession, transfer, gift, corporation, business, capital levy, or profits tax, or license fee (other than a license fee imposed with respect to any Property or the Improvements thereon the maintenance of all other governmental authorities whatsoever. If at any time during which is Tenant’s responsibility pursuant to the term terms of this lease Landlord shall make written demandRestated Lease) of Landlord, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) the incremental portion of any of the items listed in this articleSection that would not have been levied, payments imposed or assessed but for any sale or other direct or indirect transfer of all aforesaid the Fee Estate or of any interest in Landlord during the Term, (c) any charges shall be timely made by that would not have been payable but for any act or omission of Landlord or conditions existing on, at or with respect to any Property before the Tenant in order applicable Commencement Date, (d) any charges that are levied, assessed or imposed against any Property during the Term based on the recapture or reversal of any previous tax abatement or tax subsidy, or compensating for any previous tax deferral or reduced assessment or valuation, or based on a miscalculation or misdetermination of any charge(s) of any kind imposed or assessed with respect to avoid the assessments of Premises, relating to any period(s) before the applicable Commencement Date, and (e) interest, penalties, penalties and other costs. With charges with respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.items “a” through “d.”

Appears in 1 contract

Samples: Master Lease Agreement (Getty Realty Corp /Md/)

Real Estate Taxes. (a) 6.1 Tenant shall further paypay the real estate taxes allocable to the Demised Premises (determined as hereinafter provided) for each tax year included within the Lease Term and a pro rata portion thereof for the tax years partially included in the Lease Term at the commencement and expiration thereof. The real estate taxes allocable to the Demised Premises for any tax year shall be the sum of (A) the real estate taxes upon the Demised Premises for said tax year (excluding the land beneath the same) and (B) the product of Tenant's Fraction (hereinafter defined) and the real estate taxes for said tax year upon the land of the Shopping Center (including land under buildings) and all improvements upon the Common Areas. Tenant's Fraction is that fraction the numerator of which shall be the number of square feet of floor area in the Demised Premises (exclusive of the nursery area) and the denominator of which shall be the number of square feet of floor area in all the buildings in the Shopping Center, but in no event shall Tenant's Fraction exceed 47%. (Floor area of mezzanines not open to customers and incidental to ground floor retail operations shall not be counted; other mezzanine floor area, basement floor area and uppen story floor area shall be counted at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinaryhalf actual floor area). If the Demised Premises (EXCLUDING THE LAND BENEATH THE SAME) shall not be separately assessed, and each and every installment are instead assessed jointly with other improvements, an allocation shall be made to determine the real estate taxes upon the Demised Premises (EXCLUDING THE LAND BENEATH THE SAME). Such allocation of taxes shall be made according to the assessors records or written assessors' certifications, or in the absense thereof, which shall or may during by the term be chargeddecision of a majority of three appraisers, laidone designated by Xxxxxxxx, leviedone by Xxxxxx, assessedand the third by the two so designated, imposedthe expenses of such appraisers being borne equally by Landlord and Xxxxxx. If the Demised Premises and the Common Areas are at any time separate tax parcels, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed then in lieu of or in addition the foregoing computations, the real estate taxes allocable to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.Demised Premises

Appears in 1 contract

Samples: Agreement (Basic Us Reit Inc)

Real Estate Taxes. (a) Tenant shall further paypay to Landlord as Additional Rent the Real Estate Taxes within ten (10) days prior to the due date of any Real Estate Tax bill. Xx the event the mortgagee on the Property requires the Real Estate Taxes to be escrowed, at its own cost and expenseTenant agrees to pay to Landlord as Additional Rent with the Fixed Rent payment on the first date of each calendar month included in the Term, one twelfth (1/12) of the Real Estate Taxes. The Term "Real Estate Taxes" as used above shall mean all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoeverassessed by any governmental authority on the Lot, extraordinary as well as ordinarythe Building and improvements, or both, and each and every installment thereof, on the Common Areas of the Park which the Landlord shall become obligated to pay because of or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the useownership, occupancy or possession leasing and operating of the demised premises or any appurtenances or equipment thereon or therein or any part thereofLot, the Building and improvements, or the sidewalks or streets in front of or adjoining the demised premises and all taxes chargedboth, laid, levied, assessed or imposed in lieu of or in addition subject to the foregoing under or by virtue of following: There shall be excluded for such taxes all present or future lawsincome taxes, ordinancesexcess profits taxes, requirementsexcise taxes, ordersfranchise taxes, directionsestate, rules or regulations of the Federalsuccession, stateinheritance and transfer taxes, county and municipal governments and of all other governmental authorities whatsoever. If provided, however, that if at any time during the Term the present system of ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, there shall be assessed on Landlord a capital levy or other tax on the gross rents received with respect to the Lot, Building and improvements, or both, and the Common Areas of the Park, a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by or based, in whole or in part, upon any such gross rents, then any and all of such taxes, assessments, levies or charges, to the extent so measured or based, shall be deemed to be included within the term "real estate taxes". Landlord agrees to promptly give Tenant notice of this lease any Real Estate Tax bills received by Landlord. Tenant shall have the right, upon prior notice to Landlord, to seek an abatement of or contest or review by legal proceedings or otherwise any such Taxes, and at the request of Tenant, Landlord shall make written demandjoin and otherwise cooperate in any such proceedings, provided that Tenant shall produce defend, indemnify and exhibit to the save harmless Landlord satisfactory evidence of payment from and against any cost or expense incurred by Tenant of Landlord in connection with any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand thereforproceedings. Except as set forth in section (b) of this article, payments of all aforesaid charges Tenant shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereof.entitled

Appears in 1 contract

Samples: Attornment Agreement (Rsa Security Inc/De/)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary A. Effective as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereofCommencement Date, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or Tenant agrees to pay in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time base rent as additional rent during the term of this lease Landlord shall make written demandand any and all renewals, Tenant shall produce extensions, and exhibit to the Landlord satisfactory evidence of payment by Tenant modifications hereof Tenant's proportionate share of any and all real estate taxes, school taxes, village taxes, public and governmental charges and assessments, all costs, expenses and attorneys fees incurred by Owner in contesting Real Estate Taxes (Owner having the sole authority to conduct such a contest or enter into such negotiations) as to any of same and all sewer and other taxes and charges (collectively the "Real Estate Taxes") assessed against BSP (Tax Lots Sec. 4 Sheet 03, Lots P. P. P105 and P4B and Sec. 4 Sheet 7 Lot P 89), which are subject to increase whether the increase in taxation results from a higher tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to an increase in the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option assessed valuation of the payer, Tenant may make said property or the imposition of a special assessment against the property ("Tenant's Tax Contribution"). All such payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due shall he appropriately pro-rated for any partial tax year occurring during the term hereof Tenant's Tax Contribution shall be an amount equal to the product obtained by multiplying the entire amount of Real Estate Taxes by a fraction, the numerator shall be the square footage of the leaseDemised Premises and the denominator shall be the square footage (including the Demised Premises) of BSP. Landlord represents, warrants and covenants that, for purposes of calculating Tenants Tax Contribution, Tenant's floor area and the floor area of the Building shall be measured in a consistent manner such that the total share of all tenants of the Building for purpose of calculating the foregoing expenses does not exceed 100%. Notwithstanding anything contained herein to the contrary, costs and fees incurred by Landlord in connection with seeking reductions in or refunds of Real Estate Taxes, including any extensions thereofcosts incurred by Landlord to challenge the valuation of the Building, may only be included in "Real Estate Taxes" in the event Landlord actually receives a refund or reduction of Real Estate Taxes in excess of the costs and fees incurred in seeking such refund or reduction of Real Estate Taxes.

Appears in 1 contract

Samples: Lease (Ask Jeeves Inc)

Real Estate Taxes. (a) Tenant shall further payAll taxes, at its own cost assessments, water and expensesewer rents, all taxes and assessments sewer rents if any, and other governmental impositions charges, if any, general, special or otherwise, including all assessments for schools, public improvements or betterments and charges of every kind and nature whatsoevergeneral or local improvements, extraordinary as well as ordinary, and each and every installment thereof, which shall levied or may during the term be charged, laid, levied, assessed, imposed, become due and payable, assessed upon or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition respect to the foregoing under or by virtue ownership of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of and/or all other governmental authorities whatsoevertaxable interests in the Building imposed by any public or quasi-public authority having jurisdiction, including without limitation, the Route 28 Tax District and Community Development Authority Taxing District. Except for taxes, fees, charges and impositions described in the next succeeding sentence, Real Estate Taxes shall not include any income, inheritance, estate, succession, transfer, gift or profit tax. If at any time during the term Term the methods of this lease taxation shall be altered so that in addition to or in lieu of or as a substitute for the whole or any part of any Real Estate Taxes levied, assessed or imposed there shall be levied, assessed or imposed (i) a tax, license fee, excise or other charge on the rents received by Landlord, or (ii) any other type of tax or other imposition in lieu of, or as a substitute for, or in addition to, the whole or any portion of any Real Estate Taxes, then the same shall be included as Real Estate Taxes. A tax xxxx or true copy thereof, together with any explanatory or detailed statement of the area or property covered thereby, submitted by Landlord to Tenant shall be prima facie evidence of the amount of taxes assessed or levied, as well as of the items taxed. In the event the Building or any building or land adjacent to the Building in which Landlord has an interest is not separately assessed and taxed, Landlord shall make written demand, Tenant shall produce and exhibit have the right to allocate a proportionate share to the Landlord satisfactory evidence of payment Building and Landlord’s reasonable determination thereof shall be binding on the parties hereto. If any real property tax or assessment levied against the land, buildings or improvements covered hereby or the rents reserved therefrom, shall be evidenced by Tenant of any such tax assessment, water rent, rate or charge, sewer charge improvement or other governmental imposition bonds, or chargein other form, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including amount paid or accrued in any extensions thereofLease Year shall be included as Real Estates Taxes for such Lease Year.

Appears in 1 contract

Samples: Dulles Town Center (Trex Co Inc)

Real Estate Taxes. (a) Tenant shall further payXxxxxxxx agrees to pay all general and special taxes, at its own cost assessments and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every any kind and nature whatsoeverwhatsoever (hereinafter collectively referred to as "Taxes") lawfully levied against the Building, extraordinary the real property on which it is situated and the grounds, parking areas, driveways and alleys around the Building. Tenant shall pay to Landlord as well additional rent upon demand at the time the bill for each installment for any tax year applicable to the Term (or any renewal or extension thereof) issues, Tenant's Proportionate Share of the amount of such taxes applicable to each installment less any monthly payments paid by Tenant as ordinaryprovided below for such tax year. Prior to the actual determination of the Taxes for a calendar year, Landlord may, if it so elects and at any time or from time to time during said calendar year, estimate the amount of such Taxes. If, in the estimation of Landlord, such Taxes will exceed the previous year's Taxes, Landlord shall give Tenant written notification of the amount of such estimated excess and Tenant agrees that it will increase its Monthly Installment of Rent subsequent to receipt of such written notification to include such excess. If the total Tenant actually paid for estimated taxes pursuant to this Paragraph is more than the actual Tax, Landlord shall remit the excess to Tenant within thirty (30) days of the making of such determination or, at Landlord's election, credit such amount against the next Monthly Installment of Rent. In addition, Tenant shall pay upon demand Xxxxxx's Proportionate Share of any fees, expenses and cost incurred by Landlord in protesting any assessments, levies or the tax rate, to be offeset solely and proportionately by any savings achieved by appeal. Taxes shall include the following by way of illustration, but not limitation: real estate taxes; any other such taxes, charges and assessments which are levied with respect to the Building, and each any improvements, fixtures and every installment thereofequipment and all other property of Landlord, which shall real or may during personal, located in the term be charged, laid, levied, assessed, imposed, become due Building and payable, or liens upon, or which may arise used in connection with the use, occupancy or possession operation of the demised premises Building and the land upon which they are situated including any payments to any ground lessor in reimbursement of tax payments made by such lessor; fees or assessments for any appurtenances or equipment thereon or therein or any part thereof, or governmental services to the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed Building; service payments in lieu of taxes; dues or assessments payable to any property owners association due to Landlord's ownership of the Building; water and sewer charges; and any gross receipts tax and/or any tax which shall be levied in addition to the foregoing under or by virtue in lieu of all present real estate, possessory interest or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoeverpersonal properly taxes. If at any time during the term of Any payment to be made pursuant to this lease Landlord shall make written demand, Tenant shall produce and exhibit Article with respect to the Landlord satisfactory evidence of payment by Tenant of any such real estate tax assessment, water rent, rate year in which the Lease commences or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges terminates shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofprorated.

Appears in 1 contract

Samples: Infiniti Solutions LTD

Real Estate Taxes. (a) Tenant shall further payAll taxes, at its own cost assessments, water and expensesewer ----------------- rents, all taxes and assessments sewer rents if any, and other governmental impositions charges, if any, general, special or otherwise, including all assessments for schools, public betterments and charges of every kind and nature whatsoevergeneral or local improvements, extraordinary as well as ordinary, and each and every installment thereof, which shall levied or may during the term be charged, laid, levied, assessed, imposed, become due and payable, assessed upon or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition respect to the foregoing under or by virtue ownership of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of and/or all other governmental authorities whatsoevertaxable interests in the Building imposed by any public or quasi-public authority having jurisdiction. Except for taxes, fees, charges and impositions described in the next succeeding sentence, Real Estate Taxes shall not include any income inheritance, estate, succession, transfer, gift, profit tax or capital levy. If at any time during the term Term the methods of this lease taxation shall be altered so that in addition to or in lieu of or as a substitute for the whole or any part of any Real Estate Taxes levied, assessed or imposed there shall be levied, assessed or imposed against the Building (i) a tax, license fee, excise or other charge on the rents received by Landlord, or (ii) any other type of tax or other imposition in lieu of, or as a substitute for, or in addition to, the whole or any portion of any Real Estate Taxes, then the same shall be included as Real Estate Taxes. A tax bill or true copy thereof, together with any explanatory or dxxxxled statement of the area or property covered thereby, submitted by Landlord to Tenant shall be prima facie evidence ----- ----- of the amount of taxes assessed or levied, as well as of the items taxed. In the event any building or land adjacent to the Building in which Landlord has an interest is not separately assessed and taxed, Landlord shall make written demandallocate a proportionate share to each such building. If any real property tax or assessment levied against the land, Tenant buildings or improvements covered hereby or the rents reserved therefrom, shall produce and exhibit to the Landlord satisfactory evidence of payment be evidenced by Tenant of any such tax assessment, water rent, rate or charge, sewer charge improvement or other governmental imposition bonds, or chargein other form, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during amount paid or accrued in any Lease Year shall be included as Real Estates Taxes for such Lease Year as if Landlord paid in the term maximum number of the lease, including any extensions thereofinstallments.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Apache Medical Systems Inc)

Real Estate Taxes. From and after the Commencement Date, Guest shall pay all real estate taxes connected with the Premises and one-half of real estate taxes connected with the Site (aor a greater portion should Guest exercise its expansion options as provided in Paragraph 36 ("Expansion Options")). As used herein, "real estate taxes" shall mean: (i) Tenant shall further payall real estate, at its own cost and expensead valorem or personal property taxes levied with respect to the Premises, all taxes and assessments sewer rents and the Site, any fixtures, equipment or other property, real or personal, located on or about the Premises or the Site; (ii) any other tax, general or special assessment or other governmental impositions charge of any description imposed upon or in respect to the Premises or Site, including, without limitation, a tax upon any rent therefrom, or any occupancy or use thereof; (iii) any water and charges of every kind sewer general or special assessments, charges, excises, levies, license and nature whatsoeverpermit fees, extraordinary as well as ordinarytransfer taxes, and each and every installment thereofall other similar charges, if any, which shall or may during the term be charged, laid, are levied, assessed, imposed, or imposed upon or become due and payablepayable in connection with, or liens upon, the Premises, Site or which may arise facilities used in connection with the usetherewith, occupancy and rentals or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises receipts therefrom; and (iv) all taxes charged, laid, levied, assessed of whatsoever nature that are imposed in substitution for or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future lawsany taxes, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge assessments or other governmental imposition or charge, and said proof or payment must charges included in this definition. Host shall obtain from the taxing authority a separate tax parcel for the Site.. Guest's liability for real estate taxes hereunder shall be delivered paid to Host in the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as manner set forth in section (b) Paragraph 8 hereof. In the event Host is required under any mortgage covering the Building to escrow real estate taxes, Host may, but shall not be obligated to, use the amount required to be so escrowed as a basis for its estimate of such monthly installments. Provided Guest is the sole occupant of the Building, Guest shall have the right to contest the assessed value of the Premises after first consulting with Host. If the building becomes multi-tenant, Host and Guest may mutually agree to contest the assessed value. In such case, Host will negotiate or contest the assessed value with the City of Ann Xxxor. Real estate taxes for the first and last years of this article, payments of all aforesaid charges Lease shall be timely made by prorated between Host and Guest using the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofdate method.

Appears in 1 contract

Samples: Lease (Mechanical Dynamics Inc \Mi\)

Real Estate Taxes. (a) Tenant Grantor, with respect to Grantor’s Property outside of the Generation Facilities Easement Area, and Grantee, with respect to the Generation Facilities and the Generation Facilities Easement Area, shall further paypay and discharge all of the following (“Real Estate Taxes”) whether or not now within the contemplation of the Parties hereto: (i) all real estate taxes, at its own cost assessments, and, except for water and expensesewer charges and assessments, all taxes and assessments sewer rents and other governmental impositions and charges charges, taxes, rents, levies, and sums of every kind and or nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which as shall at any time be imposed by any governmental or may during the term be charged, laid, levied, assessed, imposed, become due and payablepublic authority on, or liens uponbecome a lien in respect of, the Grantor’s Property or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein Generation Facilities or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises which may become due and payable with respect thereto, and any and all taxes chargedtaxes, laidassessments, and charges levied, assessed or imposed upon Grantor’s Property or the Generation Facilities in lieu of of, or in addition to to, the foregoing foregoing, under or by virtue of all any present or future laws, ordinancesrules, requirements, orders, directionsdirectives, rules ordinances, or regulations of the FederalUnited States of America, stateor of the State of or of any subdivision thereof, county or of any lawful governmental authority whatsoever, and municipal governments any interest or penalties thereon, and of (ii) all other governmental authorities whatsoevertaxes (excluding gains, sales, and income taxes but including occupancy taxes which are measured by income) measured by ownership of Grantor’s Property or the Generation Facilities. If at Grantee shall pay and discharge all levies and assessments for water, water meter (including any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit expenses incident to the Landlord satisfactory evidence of payment by Tenant installation, repair, or replacement of any such tax assessment, water rent, rate or charge, meter) and sewer charge or other governmental imposition or charge, and said proof or payment must be delivered all rents with respect to water and sewer which provide service to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofGeneration Facilities.

Appears in 1 contract

Samples: Easement and License Agreement (Pepco Holdings Inc)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary A. Effective as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereofCommencement Date, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or Tenant agrees to pay in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time base rent as additional rent during the term of this lease Landlord shall make written demandand any and all renewals, Tenant shall produce extensions, and exhibit to the Landlord satisfactory evidence of payment by Tenant modifications hereof Tenant's proportionate share of any and all real estate taxes, school taxes, village taxes, public and governmental charges and assessments, all costs, expenses and attorneys fees incurred by Owner in contesting Real Estate Taxes (Owner having the sole authority to conduct such a contest or enter into such negotiations) as to any of same and all sewer and other taxes and charges (collectively the "Real Estate Taxes") assessed against BSP (Tax Lots Sec. 4 Sheet 03, Lots P, P, P105 and P4B and Sec. 4 Sheet 7 Lot P 89), which are subject to increase whether the increase in taxation results from a higher tax assessment, water rent, rate or charge, sewer charge an increase in the assessed valuation of the said property or other governmental the imposition or charge, and said proof or payment must be delivered to of a special assessment against the Landlord not later than twenty property (20) days after Landlord’s written demand therefor"Tenant's Tax Contribution"). Except as set forth in section (b) of this article, All such payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due appropriately pro-rated for any partial tax year occurring during the term hereof. Tenant's Tax Contribution shall be an amount equal to the product obtained by multiplying the entire amount of Real Estate Taxes by a fraction, the numerator shall be the square footage of the leaseDemised Premises and the denominator shall be the square footage (including the Demised Premises) of BSP. Landlord represents, warrants and covenants that, for purpose of calculating Tenant's Tax Contribution, Tenant's floor area and the floor area of the Building shall be measured in a consistent manner such that the total share of all tenants of the Building for purpose of calculating the foregoing expenses does not exceed 100%. Notwithstanding anything contained herein to the contrary, costs and fees incurred by Landlord in connection with seeking reductions in or refunds of Real Estate Taxes, including any extensions thereofcosts incurred by Landlord to challenge the valuation of the Building, may only be included in "Real Estate Taxes" in the event Landlord actually receives a refund or reduction of Real Estate Taxes in excess of the costs and fees incurred in seeking such refund reduction of Real Estate Taxes.

Appears in 1 contract

Samples: Ask Jeeves Inc

Real Estate Taxes. (a) As Additional Rent, Tenant shall further paypay to Landlord at Landlord’s Payment Address Tenant’s Proportionate Fraction of (i) all taxes, assessments (special, betterment or otherwise), levies, fees, water and sewer rents and charges, if any, and all other government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are, at its own cost any time prior to or during the term hereof, imposed or levied upon or assessed against Landlord for the Lot or Building or any rent or other sums payable by any tenants or occupants thereof (collectively “taxes and expense, assessments” or if singular “tax or assessment”) and (ii) 33.33% (the “Building’s Share”) of all taxes and assessments for the North Parking Areas and the common systems of the Park, including, without limitation, the sewer rents pumping station; provided that with respect to the taxes and other governmental impositions assessments, if any, solely attributable to the sewer pumping station, prior to calculating the Building’s Share of such amount, such taxes and charges assessments solely attributable to the sewer pumping station shall be reduced by the amount, if any, of every kind such taxes and nature whatsoeverassessments paid by the landowner abutting the Park. If and to the extent that a common system is significantly enhanced for a particular lot within the Park but not for the lots generally, extraordinary as well as ordinaryLandlord shall make an equitable adjustment, in Landlord’s reasonable discretion, in allocating the taxes (if any) assessed on such enhanced common system among the lots within the Park to account for the disproportionate benefit of such enhancement to the particular lot. Landlord shall elect to pay betterment assessments over the longest period permitted by law, and each only the installments thereof (and every installment thereof, which shall or may interest thereon) becoming due during the term shall be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with payable by Tenant hereunder. All payments shall be made by Tenant on the use, occupancy or possession first day of the demised premises month following the month in which Landlord’s invoice therefor shall have been received by Tenant. Nothing herein shall, however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance or any appurtenances or equipment thereon or therein or any part thereoftransfer taxes assessed to Landlord, or the sidewalks or streets in front of or adjoining the demised premises and all taxes chargedprovided, laidhowever, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If that if at any time during the term the present system of this lease ad valorem taxation of real property shall be changed so that in lieu of the whole or any part of the ad valorem tax on real property, or in lieu of increases therein, there shall be assessed on Landlord shall make written demand, Tenant shall produce and exhibit a capital levy or other tax on the gross rents received with respect to the Landlord satisfactory evidence of payment Building or Lot or a federal, state, county, municipal, or other local income, franchise, excise or similar tax, assessment, levy or charge (distinct from any now in effect) measured by Tenant or based, in whole or in part, upon gross rents, then Tenant’s Proportionate Fraction of any and all of such tax assessmenttaxes, water rentassessments, rate levies or chargecharges, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty extent so measured or based (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article“Substitute Taxes”), payments of all aforesaid charges shall be timely made payable by the Tenant in order to avoid the assessments of interestTenant, penaltiesprovided, and other costs. With however, Xxxxxx’s obligation with respect to assessments that may the aforesaid Substitute Taxes shall be paid in installments, limited to the amount thereof as computed at the option rates that would be payable if the Building and Lot were the only property of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Avant Immunotherapeutics Inc

Real Estate Taxes. Tenant shall pay, directly to the authority charged with collection thereof: (i) all taxes, assessments (special or otherwise), levies, fees, water and sewer rents and charges, and all other government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are, at any time prior to or during the Term hereof, imposed or levied upon or assessed against (A) the Demised Premises, (B) any Yearly Fixed Rent, Additional Rent or other sum payable hereunder or (C) this Lease, or the leasehold estate hereby created, or which arise in respect of the operation, possession or use of the Demised Premises; (ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Yearly Fixed Rent, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any time levied, assessed or payable on account of the acquisition, leasing or use of the Demises Premises; and (iv) all charges for utilities furnished to the Demised Premises which may become a lien on the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). If any tax or assessment levied against the Demised Premises may legally be paid in installments, Tenant may elect to pay such tax or assessment in installments. For each tax or assessment period, or installment period thereof, wholly included in the Term, all such payments shall be made by Tenant not less than five days prior to the last date on which the same may be paid without interest or penalty provided Landlord delivers copies of all tax xxxx it receives to Tenant as soon as reasonably possible; provided that for any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within 10 days after receipt of invoice therefore, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Tenant shall promptly after payment thereof furnish Landlord proof of payment of all items in this Section 5.2.1 which are payable by Tenant. If Tenant shall deem itself aggrieved by any such tax or assessment, and shall elect to contest the payment thereof, Tenant may make such payment under protest or, if postponement of such payment will not jeopardize Landlord's title to the Demised Premises nor prejudice Landlord's rights with respect to abatement proceedings, Tenant may postpone the same provided that it shall secure such payment and the interest and penalties thereon and the costs of the contest of the tax or assessment, or of the proceedings or the suit in which such contest may be had, by causing to be delivered to Landlord cash or other security satisfactory to Landlord or a bond of indemnity of a good and solvent surety company, in form and amount reasonably satisfactory to Landlord. If the Landlord elects not to seek a tax abatement or refund in a particular fiscal year, Tenant may elect to do so. Landlord agrees that it shall, at Tenant's expense, reasonably cooperate with any application by Tenant for a tax abatement or refund; such cooperation shall include the co-signing of all applications, providing Tenant with historic operating costs and tax data for the Demised Premise, and providing such other information as may be necessary and available from Landlord as the owner of the Property. Either party paying any tax or assessment shall be entitled to recover, receive and retain for its own benefit all abatements and refunds related thereto, unless it has previously been reimbursed by the other party. Any abatement or refund related to a tax or assessment the payment of which was apportioned between the parties shall be first applied to the costs of securing such abatement or refund, and the balance shall be apportioned in like manner. Neither party shall discontinue any abatement proceedings begun by it without first giving the other party notice of its intent so to do and reasonable opportunity to be substituted in such proceedings. Notwithstanding any other provision of this Lease to the contrary, neither party paying any tax or assessment shall make such payment in such an amount, in such a manner, or at such a time as would prejudice any abatement proceeding unless failure to make such payment would jeopardize either party's interest in the Demised Premises in which case payment shall be made so that such interest is not so jeopardized. Nothing contained in this Lease shall, however, require Tenant to pay any franchise, corporate, estate, inheritance, succession capital levy or transfer tax of Landlord, or any income, profits or revenue tax or charge upon the rent payable by Tenant under this Lease (other than any tax referred to in clause (ii) above) unless (a) such tax is imposed, levied or assessed in substitution for any other tax or assessment which Tenant shall further payis required to pay pursuant to this Section 5.2.1, or (b) if at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may any time during the term Term of this Lease, the method of taxation shall be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, such that there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received from the Demised Premises and/or any tax or assessment measured by or based, in lieu of whole or in addition to part, upon such rents or measured in whole or in part by income from the foregoing under Demised Premises (if in computing such rents or by virtue income there is not allowable as a deduction for the taxable year substantially all of all the depreciation or interest deductions allowed for federal income tax purposes for the taxable year), or upon the value of the Demised Premises or any present or future lawsimprovement or improvements on the Demised Premises, ordinancesin which case all such taxes and assessments or the part thereof so measured or based ("Substitute Taxes"), requirementsshall be payable by Tenant, ordersprovided however, directionsTenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Demised Premises were the only property of Landlord, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, promptly furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofDemised Premises.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Real Estate Taxes. (a) Landlord will request that the Project be assessed by the Town of Framingham as a Separate tax lot. Tenant shall further paypay as Additional Rent, at its own cost directly to the Landlord: all taxes, assessments (special or otherwise), levies, fees, water and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinarycharges, and each all other government levies and every installment thereofcharges, general and special, ordinary and extraordinary, forseen and unforseen, which shall or may are, at any time during the term be chargedTerm hereof, laidimposed or levied upon or assessed against (A) the Project, levied(B) any Fixed Rent, assessed, imposed, become due and payableAdditional Rent or other sum payable hereunder or (C) this Lease, or liens uponthe leasehold estate hereby created, or which may arise in connection with respect to the useoperation, occupancy possession or possession use of the demised premises Premises; (ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any appurtenances Fixed Rent, Additional Rent or equipment thereon or therein or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, time levied, assessed or imposed in lieu payable on account of the acquisition, leasing or in addition use of the Premises; and (iv) all charges for utilities furnished to the foregoing under Premises which may become a lien on the Premises (collectively "taxes and assessments" or if singular "tax or assessment"). Betterment assessments and interest thereon shall be apportioned equally over the longest period permitted by virtue law. For purposes hereof, the taxes and assessments imposed against the Premises shall be Tenant's Proportionate Fraction of the taxes imposed against the Land and Building as of the date of assessment for the particular tax year. For each tax or assessment period wholly included in the Term, all such payments shall be made by Tenant not less than ten days prior to the last date on which the same may be paid without interest or penalty; provided that Landlord promptly provides to tenant a copy of the notice of the amount of such payment due (which notice shall include a copy of the invoice from the applicable municipal or other government authority); and also provided that for any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within ten (10) days after receipt of invoice with a copy of municipal xxxx attached therefor, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Tenant shall promptly after payment thereof furnish Landlord proof of payment of all present or future laws, ordinances, requirements, orders, directions, rules or regulations items in this Section 4.2.1 which are payable by Tenant. Tenant shall have the right to contest the Town of Framingham's Valuation of the FederalProject and Landlord will cooperate generally with Tenant in so doing. Nothing contained in this Lease shall, statehowever, county and municipal governments and require Tenant to pay any franchise, corporate, estate, inheritance, succession, capital levy or transfer tax of all Landlord, or any income, profits or revenue tax or charge upon the rent payable by Tenant under this Lease (other governmental authorities whatsoever. If than any tax referred to in clause (ii) above) unless (a) such tax is imposed, levied or assessed in substitution for any other tax or assessment which Tenant is required to pay pursuant to this Section 4.2.1, or (b) if at any time during the term of this lease Lease, the method of taxation shall be such that there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received from the Premises and/or any tax or assessment measured by or based, in whole or in part, upon such rents or measured in whole or in part by income from the Premises, or upon the value of the Premises or any present or future improvement or improvements on the Premises, then all such taxes and assessments or the part thereof so measured or based ("Substitute Taxes"), shall be payable by Tenant, Tenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord. Landlord shall make written demand, promptly furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Real Estate Taxes. (a) Tenant shall further pay, at its own cost and expenseas additional rent, all of the real estate taxes and installments of assessments (including interest thereon) attributable to the land and building of the leased premises, including the parking area and any and all charges or fees imposed by any City County or State, whether by special assessment or otherwise, for services rendered or to be rendered in the future to or for the benefit of all or any part of the leased premises and which are due and payable during the term or any renewal term of this Lease to the extent such amount exceeds $16,716.54 for any given year in which such taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become are due and payable. Such amount shall be paid, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written upon demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after in advance of the date they are due and payable. Partial years shall be equitably prorated. Landlord shall have the right, if Landlord’s written demand therefor. Except as set forth future mortgagee so requires or if Tenant shall be in section (b) default with respect to any of the terms or conditions of this articleLease, payments of all aforesaid charges shall be timely made by to call for Tenant to escrow such real estate taxes and special assessments and insurance premiums in advance on a monthly basis. Landlord reserves the Tenant in order right to avoid appeal and axxxx the assessments of interest, penalties, real estate taxes due and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due payable during any year during the term or terms of this Lease and if any such real estate taxes are reduced, Tenant’s obligation shall only be with respect to the actual amount so determined (plus reasonable attorneys’ fees and costs incurred in so appealing or abating), and Tenant shall receive a rebate from Landlord of any amount in excess thereof. If Landlord does not contest real estate taxes, after first consulting with Landlord and receiving Landlord’s consent and approval, Tenant shall have the right, at its own expense and in its own name, or Landlord’s name, to contest any such real estate taxes and seek to axxxx real estate taxes due and payable during any year of the term of this lease, including by appropriate proceedings diligently conducted in good faith, but only after payment of such amount and/or item in question unless said payment would operate as a bar to such contest or appeal or interfere materially with the prosecution thereof. Upon final determination of any extensions thereofsuch proceedings, Tenant shall immediately pay any amount plus interest, fees, penalties or other liability in connection therewith as finally determined in such proceedings to be due. If real estate taxes paid or to be paid by Tenant are reduced or increased, Tenant’s obligation shall only be with respect to the actual amount so determined, and Tenant shall be entitled to an equitable a rebate from Landlord of any amount in excess of said reduced real estate taxes and costs incurred in appealing or shall pay the increased amount of such taxes if they are increased together with the costs incurred in appealing.

Appears in 1 contract

Samples: Lease (Wireless Ronin Technologies Inc)

Real Estate Taxes. Tenant shall pay to Landlord in accordance with ----------------- Section 4.3 below Tenant's Share of: (i) all taxes, assessments (special or otherwise), levies, fees, and all other government levies and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are, at any time prior to or during the Term hereof, imposed or levied upon or assessed against (A) the Property, (B) any Fixed Rent, Additional Rent or other sum payable hereunder or (C) this Lease, or the leasehold estate hereby created, or which arise in respect of the leasing, operation, possession or use of the Property; (ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; and (iii) all sales, value added, use and similar taxes at any time levied, assessed or payable on account of the leasing or use of the Property (collectively "taxes and assessments" or if singular "tax or assessment"); provided that for any fraction of a tax or assessment period, or installment period thereof, included in the Term at the beginning or end thereof, Tenant shall pay to Landlord, within ten (10) days after Landlord's invoice therefor, Tenant's Share of the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. Nothing contained in this Lease shall, however, require Tenant to pay any franchise, corporate, estate, inheritance, succession capital levy or transfer tax of Landlord, or any income, profits or revenue tax or charge upon the rent payable by Tenant under this Lease (other than any tax referred to in clause (ii) above) unless (a) such tax is imposed, levied or assessed in substitution for any other tax or assessment which Tenant shall further payis required to pay pursuant to this Section 4.2, or (b) if at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may any time during the term Term of this Lease, the method of taxation shall be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, such that there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the rents received from the Property and/or any tax or assessment measured by or based, in lieu of whole or in addition to part, upon such rents or measured in whole or in part by income from the foregoing under Property (if in computing such rents or by virtue income there is not allowable as a deduction for the taxable year substantially all of all the depreciation or interest deductions allowed for federal income tax purposes for the taxable year), or upon the value of the Property or any present or future lawsimprovement or improvements on the Property, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and in which case Tenant's Share of all other governmental authorities whatsoeversuch taxes and assessments or the part thereof so measured or based ("Substitute Taxes"), shall be payable by Tenant, provided however, Tenant's obligation with respect to the aforesaid Substitute Taxes shall be limited to the amount thereof as computed at the rates that would be payable if the Property were the only property of Landlord. If at any time during the term of this lease Landlord shall make written demand, promptly furnish to Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant a copy of any such tax assessmentnotice of any public, water rent, rate special or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to betterment assessment received by Landlord concerning the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: Specialty Catalog Corp

Real Estate Taxes. Tenant shall pay to Landlord as Additional Rent Tenant's Prorata Share (or, Tenaxx'x Xroportionate Share in the event there is more than one Building in the Center) of Real Estate Taxes levied against the Center. "Real Estate Taxes" shall mean: (a) Tenant shall further payall ad valorem Real Estate Taxes on the Center (adjusted after protest or litigation, at its own cost and expense, all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or if any) for any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord Lease, exclusive of penalties; (b) any taxes which shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant be levied in lieu of any such tax assessment, water rent, rate ad valorem Real Estate Taxes; (c) any special assessments for benefits on or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty Center paid in annual installments by Landlord; (20d) days after Landlord’s written demand thereforoccupational taxes or excise taxes levied on rentals derived from the operation of the property of the privilege of leasing property; (e) any private subdivision assessment made against the Center; and (f) the expense of protesting, negotiating or contesting the amount or validity of any such taxes, charges or assessments, such expense to be applicable to the period of the item contested, protested or negotiated. Except as set forth in section If the Lease Term shall end during a tax year (b"tax year" shall mean the annual period for which Real Estate Taxes are assessed and levied) of this articlewhich only part is included in the Lease Term, payments the amount of all aforesaid charges such Additional Rent shall be timely made prorated on a per diem basis and shall be paid on or before the last day of the lease Term. If the Lease Term ends in any tax year before the amount to be payable by Tenant for the partial period has finally been determined, the amount shall be adjusted between Landlord and Tenant. Tenant shall be liable for all taxes levied against personal property and trade fixtures placed by Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofPremises.

Appears in 1 contract

Samples: Lease (Granite Financial Inc)

Real Estate Taxes. (a) Tenant Real Estate Taxes shall further paymean and include all general and special taxes, at its own cost and expenseassessments, all taxes and assessments sewer rents and other governmental impositions and charges fees of every kind and nature, duties and levies, charged and levied upon or assessed by any governmental authority against the Complex including the land, the Building, any other improvements situated on the land other than the Building, the various estates in the land and the Building, any Lessee Improvements, fixtures, installations, additions and equipment, whether owned by Lessor or Lessee; except that it shall exclude any taxes of the kind covered by Section 7.1 hereof to the extent Lessor is reimbursed therefor by any lessee in the Building. Real Estate Taxes shall also include the reasonable cost to Lessor of contesting the amount, validity, or the applicability of any Taxes mentioned in this Section. Further included in the definition of Taxes herein shall be general and special assessments, license fees, commercial rental tax, levy, penalty or tax (other than inheritance or estate taxes) imposed by any authority having the direct or indirect power to tax, as against any legal or equitable interest of Lessor in the Leased Premises or in the Complex or on the act of entering into this Lease or, as against Lessor's right to rent or other income therefrom, or as against Lessor's business of leasing the Leased Premises or the Complex, any tax, fee, or charge with respect to the possession, leasing, transfer of interest, operation, management, maintenance, alteration, repair, use, or occupancy by Lessee, of the Leased Premises or any portion thereof or the Complex, or any tax imposed in substitution, partially or totally, for any tax previously included within the definition of Taxes herein, or any additional tax, the nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, of which shall may or may not have been previously included within the definition of Taxes. Further, if at any time during the term be charged, laid, levied, assessed, imposed, become due and payableTerm of this Lease the method of taxation or assessment of real estate or the income therefrom prevailing at the time of execution hereof shall be, or liens upon, or which may arise in connection with has been altered so as to cause the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein whole or any part thereof, of the Taxes now or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, hereafter levied, assessed or imposed on real estate to be levied, assessed or imposed upon Lessor, wholly or partially, as a capital levy, business tax, fee, permit or other charge, or on or measured by the Rents received therefrom, then such new or altered taxes, regardless of their nature, which are attributable to the land, the Building or to other improvements on the land shall be deemed to be included within the term Real Estate Taxes for purposes of this Section, whether in lieu of substitution for, or in addition to the foregoing under or by virtue any other Real Estate Taxes, save and except that such shall not be deemed to include any enhancement of all present or future laws, ordinances, requirements, orders, directions, rules or regulations said tax attributable to other income of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costsLessor. With respect to any general or special assessments that which may be levied upon or against the Leased Premises, the Complex, or the underlying realty, or which may be evidenced by improvement or other bonds, and may be paid in annual or semi-annual installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during amount of such installment, prorated for any partial year, and statutory interest shall be included within the term computation of the lease, including any extensions thereofTaxes for which Lessee is responsible hereunder.

Appears in 1 contract

Samples: Sputnik, Inc.

Real Estate Taxes. Real Estate Taxes shall be defined as (ai) Tenant shall further payall real property taxes, at its own cost assessments that are assessed, levied, or imposed on the land, buildings, and/or other improvements comprising all or part of the Project, or which are otherwise imposed in connection with the ownership, leasing, and expenseoperation of the Project; (ii) all personal property taxes levied by any public authority on personal property of Landlord used in the management, operation, maintenance and repair of the Project, (iii) all taxes taxes, assessments and assessments sewer rents and other governmental impositions and charges reassessments of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall whatsoever levied or may during the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with the use, occupancy or possession of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition substitution for existing or additional real or personal property taxes and assessments on the Project, including any so-called value-added tax, and (iv) amounts necessary to be expended because of governmental orders, charges or other actions, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during or are allocable to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term of this lease Landlord shall make written demandTerm; further, Tenant shall produce reimburse Landlord within 30 days after demand for all taxes and exhibit assessments required to be paid by Landlord (except to the extent included in Real Estate Taxes by Landlord), when (a) such taxes are measured by or reasonably attributable to the cost or value of (i) Tenant’s equipment, furniture, fixtures and other personal property located in the Premises, or (ii) the Tenant Work or any other leasehold improvements made in or to the Premises by or for Tenant, to the extent the cost or value of such Tenant Work or other leasehold improvements exceeds the cost or value of a Building standard build-out as reasonably determined by Landlord satisfactory evidence regardless of payment whether title to such Tenant Work or improvements is vested in Tenant or Landlord; (b) such taxes are assessed upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion of the Project (including the Parking Facilities); or (c) such taxes are assessed upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises, or upon rent or receipts (including any business license tax or gross receipts tax based on the rents or other revenues received by Landlord), the square footage of land or improvements within the Project, or the occupancy by tenants of space within the Project. Real Estate Taxes include any and all increases in Real Estate Taxes resulting from a change in ownership or new construction with respect to the Premises, the Building or the Project. Further, for the purposes of this Article VII, Real Estate Taxes shall include the reasonable expenses (including, without limitation, attorneys’ fees) incurred by Landlord in challenging or obtaining or attempting to obtain a reduction of such Real Estate Taxes, regardless of the outcome of such challenge, and any costs incurred by Landlord for compliance, review and appeal of tax liabilities. Notwithstanding the foregoing, Landlord shall have no obligation to challenge Real Estate Taxes. If as a result of any such challenge, a tax assessmentrefund is made to Landlord, water rentthen provided no Event of Default exists under this Lease, rate or charge, sewer charge the net amount of such refund after payment of all costs and expenses of the challenge shall be deducted from Real Estate Taxes due in the Calendar Year such refund is received. In the case of any Real Estate Taxes which may be evidenced by improvement or other governmental imposition bonds or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that which may be paid in annual or other periodic installments, at the option of the payer, Tenant may make payments Landlord shall elect to cause such bonds to be issued or cause such assessment to be paid in installments rather than over the maximum period permitted by law. Nothing contained in a lump sumthis Lease shall require Tenant to pay any franchise, gift, estate, inheritance, succession or transfer tax of Landlord, or any income, profits or revenue tax or charge, upon the net income of Landlord from all sources. Tenant will be obligated hereby waives any and all rights to pay only protest appraised values or to receive notice of reappraised values regarding the installments due during the term Project or other property of the lease, including any extensions thereofLandlord.

Appears in 1 contract

Samples: Office Lease (Zscaler, Inc.)

Real Estate Taxes. 13.1. For purposes of this Lease, and subject only to the exclusions provided below, "Taxes" as used in this Lease shall mean the regularly imposed taxes levied by municipal, county, and district Governmental Authorities against the owners of real property, which taxes are measured on a "flat-rate" basis separately from any other property of the owner of the subject property, including ad valorem taxes and betterment assessments, imposed or assessed upon or against the Property; provided, however that if any betterment assessment is payable in installments, the real estate taxes for any tax year shall include only such installments of such betterment assessment as is allocable to said tax year. Taxes shall not in any case include any income, excess profit, estate, inheritance, succession, transfer, franchise, capital or other tax or assessment upon Landlord, or upon the rentals payable under this Lease (a) Tenant shall further pay, at its own cost and expenseexcept for taxes on the rentals as set forth below), all taxes and assessments sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall be the obligation of Landlord, unless same are charges or may during the term be charged, laid, levied, assessed, imposed, become due and payableassessments made in lieu of real estate, or liens uponother taxes expressly included in Taxes, in which event same shall nevertheless be payable by Tenant as herein set forth. In no event shall Tenant be obligated to pay any of Landlord's administrative fees relating to real estate taxes nor shall Tenant be obligated to pay any interest or which may arise penalties imposed for late payment or otherwise unless caused by Tenant. If at any time after the Commencement Date, the methods of taxation then prevailing shall be altered so that in connection with the use, occupancy or possession lieu of the demised premises or any appurtenances or equipment thereon or therein whole or any part thereofof the taxes, assessments, levies, impositions or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, charges then levied, assessed or imposed on real estate and the improvements thereon, there shall be levied, assessed or imposed: (i) a tax, assessment, levy, imposition or charge wholly or partially as capital levy or otherwise on the rents received therefrom, or (ii) a tax, assessment, levy, imposition or charge measured by or based in lieu of whole or in addition part upon the Demised Premises and imposed upon Landlord, or (iii) a license fee measured by the rents payable by Tenant to Landlord, then all such taxes, assessments, levies, impositions or charges, or the foregoing under part thereof so measured or by virtue of all present or future lawsbased, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during shall be deemed to be included within the term of this lease Landlord shall make written demand, Tenant shall produce and exhibit to "Taxes" for the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofpurposes hereof.

Appears in 1 contract

Samples: Lease (Terra Tech Corp.)

Real Estate Taxes. (a) Tenant shall further paycovenants and agrees to pay all real estate taxes, at its own cost licensing taxes of Fairfax County, assessments, water rates and expensecharges, all taxes and assessments sewer rents fire hydrant tax, street lighting tax and other governmental impositions charges, general and charges special, ordinary and extraordinary unforeseen as well as foreseen, of every any kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, including but not limited to assessments for public improvements or benefits which shall or may during the term Term hereby demised be charged, laid, levied, assessed, imposed, levied or imposed upon or become due and payablepayable and a lien upon the land and building of which the Premises are a part (all of which taxes, assessments, water rates, fire hydrant tax, street lighting tax, or liens uponcharges, or levies and other governmental charges are hereinafter referred to as “Real Estate Taxes”). The parcel upon which Tenant’s Premises is known as Land Bay 7-B Parcel B (the “Parcel”). All Real Estate Taxes related to the Parcel will be directly billed to Tenant by the respective authorities and directly paid to those authorities by Tenant. Tenant shall have the right to protest to the appropriate governmental taxing authority involved, in the lawfully described manner, any such impositions and additional impositions which may arise be levied or imposed on the Premises during the Term. Real Estate Taxes for the fiscal period in connection with which Tenant takes possession under the useterms hereof, occupancy and for the fiscal year in which this Lease as renewed or possession extended under the terms hereof terminates, shall be apportioned between Landlord and Tenant as of the demised premises or any appurtenances or equipment thereon or therein or any part thereof, date of the taking of possession under or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed in lieu of or in addition to the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations of the Federal, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during the term termination of this lease Landlord shall make written demand, Tenant shall produce and exhibit to the Landlord satisfactory evidence of payment Lease. Real Estate Taxes payable by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered under this Section shall not include the items listed as exclusions to the Landlord not later than twenty (20) days after Landlord’s written demand therefor. Except as set forth in section (b) of this article, payments of all aforesaid charges shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofCommon Area Maintenance Costs on Exhibit “ ”.

Appears in 1 contract

Samples: Lease Agreement (Alliance Bankshares Corp)

Real Estate Taxes. (a) Tenant shall further paypay to Landlord, at its own cost and expenseas Additional Rent, all the real estate taxes and assessments sewer rents ("Real Estate Taxes") levied against the Premises paid by Landlord. Real Estate Taxes shall include all real property taxes and assessments levied against the Premises by any governmental or quasi-governmental authority, including any taxes, assessments, surcharges, or service or other governmental impositions and charges fees of every kind and a nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, not presently in effect which shall or may during hereafter be levied on the term be charged, laid, levied, assessed, imposed, become due and payable, or liens upon, or which may arise in connection with Project as a result of the use, occupancy ownership or possession operation of the demised premises Project or for any appurtenances or equipment thereon or therein or any part thereofother reason, or the sidewalks or streets in front of or adjoining the demised premises and all taxes charged, laid, levied, assessed or imposed whether in lieu of or in addition to any current real estate taxes and assessments; provided, however, that any taxes which shall be levied on the foregoing under or by virtue of all present or future laws, ordinances, requirements, orders, directions, rules or regulations rentals of the FederalBuilding shall be determined as if the Building were Landlord's only property and provided further, state, county and municipal governments and of all other governmental authorities whatsoever. If at any time during that in no event shall the term Real Estate Taxes include any federal, state or local income taxes levied or assessed on landlord, unless such taxes are a specific substitute for real property taxes; such term shall, however, include gross taxes on rental and expenses incurred by Landlord for tax consultants and in contesting the amount or validity of any Real Estate Taxes. Assessments shall include any and all so-called special assessments, license tax, business license fee, business license tax, commercial rental tax, levy, charge or tax imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, water, drainage other improvement or special district thereof, against the Project, or any part thereof, or against any legal or equitable interest of Landlord therein. For the purposes of this lease Lease, any special assessment shall be deemed payable in such number of installments as if actually paid. Landlord shall make give Tenant written demandnotice of the amount of Tenant's liability for payment of taxes and assessments hereunder on or before sixty (60) days prior to the delinquency date for payment of such taxes and assessments. Tenant shall pay to Landlord the amount of Tenant's liability hereunder for taxes and assessments within fifteen (15) days of Tenant's receipt of such written notice. Landlord shall pay the Real Estate Taxes and assessments levied against the Premises prior to delinquency and shall, at Tenant's written request, send Tenant proof that the Real Estate Taxes and assessments have been paid. Landlord may estimate the annual Real Estate Taxes liability of Tenant and based on Landlord's written estimate, Tenant shall produce and exhibit pay to Landlord in the Landlord satisfactory evidence of payment by Tenant of any such tax assessment, water rent, rate or charge, sewer charge or other governmental imposition or charge, and said proof or payment must be delivered to same manner as the Landlord not later than twenty (20) days after Landlord’s written demand thereforCommon Area Expenses described in Paragraph 6(g). Except as set forth in section (b) of this article, payments of all aforesaid charges This Real Estate Tax impound shall be timely made by the Tenant in order to avoid the assessments of interest, penalties, and other costs. With respect to assessments that may be paid in installments, at the option of the payer, Tenant may make payments in installments rather than in a lump sum. Tenant will be obligated to pay only the installments due during the term of the lease, including any extensions thereofreconciled on an annual basis.

Appears in 1 contract

Samples: Turnstone Systems Inc

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