Common use of Real Estate Taxes Clause in Contracts

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 2 contracts

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

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Real Estate Taxes. (Aa) Tenant shall further pay, as Additional Rent, directly to the relevant taxing authorityat its own cost and expense, all real estate taxes, general or special assessments, taxes and assessments sewer and water charges rents and other governmental impositions and charges imposed upon of every kind and nature whatsoever, extraordinary as well as ordinary, and each and every installment thereof, which shall or may during the Demised Premisesterm be charged, laid, levied, assessed, imposed, become due and payable, or impositions liens upon, or agreed payments in lieu thereof or voluntary payments made which may arise in connection with the provision use, occupancy or possession of governmental services the demised premises or improvements of benefit to the Building any appurtenances or equipment thereon or therein or any part thereof, or the Demised Premises (including any so-called linkage, impact sidewalks or voluntary betterment payments), streets in front of or adjoining the demised premises and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)taxes charged, laid, levied, 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 whole foregoing under or any part by virtue of such ad valorem taxall present or future laws, there shall be assessedordinances, levied requirements, orders, directions, rules or imposed on such property or Demised Premises or on Landlord any kind or nature regulations of federalthe Federal, state, countycounty 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, municipal 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 capital levyimposition or charge, incomeand 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, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures payments of real property or real property operations and imposed on owners of real estate generally, then any and all of such taxes, assessments, levies, aforesaid charges and fees shall be included within 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 Taxesof the lease, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantincluding any extensions thereof.

Appears in 2 contracts

Samples: Lease Agreement (Glenrose Instruments Inc.), Lease Agreement (Glenrose Instruments 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 pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxesproperty taxes and general, general special, supplemental and escape assessments; (ii) charges, fees or special assessmentsassessments for transit, sewer and water charges and public improvements, employment, job training, housing, day care, open space, art, police, fire or other charges imposed upon the Demised Premises, governmental services or impositions or agreed benefits; (iii) service payments in lieu thereof of taxes; (iv) any tax, fee or voluntary payments made in connection with excise on the provision use or occupancy of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord the Project; (v) any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levycharge, 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 distinct from the federal and state income tax in effect on the Commencement Date) measured by a substitute for, or based as an addition to, in whole or in part upon Building rents or part, any other incidentsReal Estate Taxes; and (vii) consultants’ and attorneys’ fees and expenses incurred in connection with proceedings to contest, benefits determine or measures of real property reduce Real Estate Taxes. Real Estate Taxes do not include: (A) franchise, transfer, inheritance or real property operations and imposed on owners of real estate generally, then any and all of such capital stock taxes, assessmentsor income taxes measured by the net income of Landlord from all sources, leviesunless 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 and fees shall due for late payment of Real Estate Taxes by Landlord. If any Real Estate Taxes are payable, or may at the option of the taxpayer be included within 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 term Taxesmaximum time period allowed by applicable law. Related Company: (i) An entity which Controls, but only is Controlled by, or is under common Control with Tenant; (ii) an entity into or with which Tenant is merged or consolidated; (iii) an entity to the extent the same are applicable to the Demised Premises. Upon which at least ninety percent (90%) of Tenant’s execution assets are transferred; or (iv) Tenant, where Tenant admits additional members in connection with obtaining additional equity investment in Tenant, so long as the identity of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to persons responsible for the Tenantoperation 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 For the purposes of this Section, the term "taxes" shall pay, as Additional Rent, directly to the relevant taxing authority, include all real estate taxes, assessment (general or special assessments, sewer and water charges special) and other governmental impositions and charges imposed 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 levied, assessed, imposed, become due and payable, or liens upon, or arise in connection with the use, occupancy or possession of, or grow due or payable out of, or for, the building or any part thereof, or the land (the "Parcel") upon which the building is situated or 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 the industrial Park shall be determined by multiplying the amount of 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 levied, assessed or unpaid on any leasehold interest, any right of occupancy, any investment of Tenant in the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 of any kind owned, installed or used by Tenant, including Tenant's leasehold improvements 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 Tenant's right 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to occupy the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 2 contracts

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

Real Estate Taxes. (A) Tenant shall payshall, as Additional Rentin all instances, directly to the relevant taxing authority, pay Tenant's Proportionate Share of all real estate taxes, general or special assessments, sewer and water charges assessments and other charges imposed upon the Demised Premisesgovernmental levies and charges, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision general and special, ordinary and extraordinary, unforeseen as well as foreseen, of governmental services or improvements of benefit to the Building or the Demised Premises any kind and nature (including any so-called linkageexcept as otherwise set forth herein) imposed, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)levied, assessed or imposed against confirmed by any lawful taxing authorities which may accrue during the Demised Premises or the property period 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 of this Lease 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 whole or any part of such ad valorem tax, there shall be 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, levied and for which the Taxes are paid for by the owners or imposed on occupants of such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Datearea) measured by or based in whole or in part upon Building rents or any other incidentstaxes in lieu thereof, benefits and also all reasonable and customary costs and fees (including attorneys' fees) reasonably incurred by Landlord in contesting any such taxes, levies, charges or measures assessments and/or in negotiating with the public authorities as to the same, all of real property or real property operations and imposed on owners of which real estate generally, then any and all of such taxes, assessments, levies, charges charges, costs and fees are hereinafter collectively referred to as "Taxes." To the extent any taxes within the Project are not separately assessed, Landlord shall reasonably allocate the Taxes payable with respect to the Retail Area between the various uses and areas of the Project, and 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, until Landlord receives the next notice of assessment or tax xxxx, Tenant shall pay to Landlord, monthly, in advance, as Additional Rent, Tenant's Proportionate Share of Taxes reasonably estimated for the prior calendar year and payable during the then current calendar year, subject to adjustment, when the amount of such Taxes shall be included within determined. Therefore, during the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution Term of this Lease, Tenant shall pay to Landlord monthly, in advance, on the first day of 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 cause determine the Washington County Treasurer 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 the Lease Term, Landlord shall refund such excess to issue real estate 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, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within thirty (30) days after Landlord's written demand accompanied by copies of tax bills directly and a reasonably detailed computation of Tenant's Proportionate Share. 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 herein), Landlord shall credit such portion of such refund as shall be allocated to payments of 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 or, if received during the last Lease Year, Landlord will refund the same to Tenant following the expiration or sooner termination of the Lease 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 shall have the right to contest such Taxes provided Tenant shall coordinate such contest with all other tenants and occupants of the Project having a similar right.

Appears in 2 contracts

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

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly covenants and agrees to the relevant taxing authority, pay all real estate taxes, general or special licensing taxes of Fairfax County, assessments, sewer water rates and water charges charges, fire hydrant tax, street lighting tax and other charges governmental charges, general and special, ordinary and extraordinary unforeseen as well as foreseen, of any kind and nature whatsoever, including but not limited to assessments for public improvements or benefits which shall during the Term hereby demised be laid, assessed, levied or imposed upon or become due and payable and a lien upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), land and all penalty 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 building 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)all of which taxes, assessments, water rates, fire hydrant tax, street lighting tax, or charges, levies and other governmental charges are hereinafter referred to as “Real Estate Taxes”). The parcel upon Landlord by virtue of its ownership thereof which Tenant’s Premises is known as Land Bay 7-B Parcel B (other than mechanics or other liens due the “Parcel”). All Real Estate Taxes related 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 Parcel will provide the same be directly billed to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereofthe respective authorities and directly paid to those authorities by Tenant. If during Tenant shall have the Term right to protest to the present system of ad valorem taxation of property shall be changed so thatappropriate governmental taxing authority involved, in lieu of or in addition to the whole or lawfully described manner, any part of such ad valorem tax, there shall impositions and additional impositions which may be assessed, levied or imposed on such property the Premises during the Term. Real Estate Taxes for the fiscal period in which Tenant takes possession under the terms hereof, and for the fiscal year in which this Lease as renewed or Demised Premises or on Landlord any kind or nature of federalextended under the terms hereof terminates, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within apportioned between Landlord and Tenant as of the term Taxes, but only to date of the extent taking of possession under or the same are applicable to the Demised Premises. Upon Tenant’s execution termination of this Lease, Landlord . Real Estate Taxes payable by Tenant under this Section shall cause not include the Washington County Treasurer items listed as exclusions to issue real estate tax bills directly to the TenantCommon Area Maintenance Costs on Exhibit “ ”.

Appears in 1 contract

Samples: Lease Agreement (Alliance Bankshares Corp)

Real Estate Taxes. (A) During the Lease Term or any renewals, extensions or ----------------- holding over, Tenant shall paypay to Landlord, as Additional Rent, directly to the relevant taxing authority, Tenant's Proportionate Share of all real estate taxes, general or property taxes (including extraordinary and/or special assessments) which may be levied or assessed by any lawful authority against the Building and the parcel of land described in Exhibit "B" during any and each Lease Year. In addition, sewer Tenant shall pay to Landlord prior to delinquency all taxes assessed against the value of any improvements made by Tenant, or of any machinery, equipment, fixtures, inventory or other personal property or assets of Tenant 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, as well as of 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 water charges and any other charges leases or leasehold interests in the Building, as a substitute for or addition to, in whole or in part, taxes assessed or imposed upon on the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkageparcel of land described in Exhibit "B", impact such tax or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments excise 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 rents 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within as a part of the term Taxesreal property taxes covered hereby, but only to the extent of the same are applicable to amount thereby which is lawfully assessed or imposed as a direct result of Landlord's ownership of this Lease or of the Demised Premises. Upon Tenant’s execution of 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 month during the Lease Term in addition to Base Rent. An annual accounting to include a copy of the paid tax bills shall be made 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 cause apply any overpayment made by Tenant as a credit toward the Washington County Treasurer next Lease Year's tax obligations of Tenant or at the end of the Lease Term shall return any such overpayments to issue Tenant provided Tenant has no Rent then due to Landlord, whichever event is applicable. In any event, upon notice by Landlord, Tenant shall pay any additional tax due with the next monthly installment of Base Rent. Landlord shall have the same rights and remedies for Tenant's failure to pay real estate tax bills directly 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, in whole or part, or the type hereof, or if additional types of taxes are imposed upon the Premises, the Building or the parcel of land described in 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 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 Lease Term, 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 for such tax calendar year without regard to when such Real Estate Taxes are payable.

Appears in 1 contract

Samples: Entire Agreement (Lumonics Inc)

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, authority charged with collection thereof: (i) all real estate taxes, general assessments (special or special assessmentsotherwise), levies, fees, water and sewer rents and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)charges, and all penalty 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 (if due 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 Tenant’s 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 timely payments on account 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 Taxes)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 is required to pay pursuant to this Section 3.2.1, or (b) if at any time during the Term of this Lease, the method of taxation shall be such that there shall be levied, assessed or imposed against the Demised Premises or the property of which the Demised Premises are on Landlord 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 capital levy or other liens due to tax directly on 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct rents received from the federal and state income Premises and/or any tax in effect on the Commencement Date) or assessment measured by or based based, in whole or in part, upon such rents or measured in whole or in part upon Building by income from the Premises (if in computing such 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 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 taxestaxes and assessments or the part thereof so measured or based ("Substitute Taxes"), assessments, levies, charges and fees shall be included within the term Taxespayable by Tenant, but only provided however, Tenant's obligation with respect to the extent the same are applicable aforesaid Substitute Taxes shall be limited to the Demised Premises. Upon Tenant’s execution amount thereof as computed at the rates that would be payable if the Premises were the only property of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantLandlord.

Appears in 1 contract

Samples: Photoelectron Corp

Real Estate Taxes. (A) Tenant As used herein shall pay, as Additional Rent, directly to the relevant taxing authority, mean all real estate taxes, general or special assessments, water and sewer and water rents or charges and other governmental impositions and charges imposed upon 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 Demised PremisesLease Term be assessed, imposed, become due and payable or be levied by the lawful taxing authorities against the Building hiding, or impositions liens upon or agreed payments in lieu thereof or voluntary payments made arising in connection with the provision 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 services or improvements authorities as to same. If by law, any assessment of benefit to Real Estate Taxes may be divided and paid in annual installments, then, for the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to purposes of calculating Tenant’s failure to make timely payments 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 payment of Real Estate Taxes in installments), assessed (3) any transit, corporation, excise, gift, successor, estate, inheritance or imposed against the Demised Premises transfer taxes, and (4) mortgage recording or the property of which the Demised Premises are a part (including without limitation capital stock taxes; provided, however, that, if at 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 time during the Lease Term the present system methods of ad valorem taxation prevailing at the commencement of property the Lease Term shall be changed altered so that, that in lieu of or in addition to as a substitute for the whole or any part of such ad valorem taxtaxes now levied, assessed or imposed, there shall be assessedlevied, levied assessed or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal an income or other governmental capital levytax of whatever nature (including, incomewithout limitation, salesany excise, franchisetransaction, excise sales or similar taxprivilege tax on account of, assessmentattributed to, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by rent or based other charges payable by Tenant, or levied by reason of the exclusive parking made available by Landlord to Tenant 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 generallythe Industrial Center), then any and all of such taxes, assessments, levies, charges and fees the same shall be included within in the term Taxescomputation of Real Estate Taxes hereunder. As of the date hereof, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises is separately assessed for Real Estate Taxes.

Appears in 1 contract

Samples: Lease Agreement (Coty Inc /)

Real Estate Taxes. Tenant shall pay directly to the Landlord: (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 (and Tenant's Proportionate Fraction of any such taxes, assessments, levies, fees and charges if they are assessed against the entire Building or Lot), which are, at any time prior to or during the Term hereof, imposed or levied upon or assessed against (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general Premises or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Lot, (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 or the Building or the Lot; (including ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any so-called linkageFixed Rent, impact Additional Rent or voluntary betterment payments)other sum payable hereunder, (iii) all sales, value added, use and all penalty and interest thereon (if due to Tenant’s failure to make timely payments similar taxes at any time levied, assessed or payable on account of Taxes)the acquisition, leasing or use of the Premises (and Tenant's Proportionate Fraction of any such taxes if they are levied, assessed or imposed against payable on account of the Demised acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the Premises (and Tenant's Proportionate Fraction of all charges for utilities furnished to the entire Building or Lot) which may become a lien on the Building or the property 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 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 Demised Premises are Lot is 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 delinquencypart. In the event that Tenant requests that Landlord receives apply for any xxxx for Taxesabatement of, or otherwise contest, any tax or assessment, Landlord will provide 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 by overnight delivery within five be made under applicable law, and (5ii) days after Landlord’s receipt 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 the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature other tax on the gross rents received with respect to the Building or the Lot, or all of them, or a federal, statestale, county, municipal municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based in based, whole or in part 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 generallygross rests, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the Demised Premisesaforesaid 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. Upon Tenant’s execution of this Lease, Landlord shall cause furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises.

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 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 any time during the Term, under the laws of the United States or any state of political subdivision thereof in which the Premises are situated, there shall be adopted some other method of taxation on real estate as Additional a substitute in whole or in part for taxes on real estate as now constituted such as tax on the Fixed Rent, directly to Additional Rent or the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-payable by Tenant hereunder by whatever name called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)is levied, assessed or imposed against the Demised Premises Landlord or the property 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 which the Demised Premises taxation are a part (including without limitation any personal property taxes levied on such property or on fixtures or equipment used in connection therewithhereinafter collectively referred to as "Substitute Taxes"), or upon Landlord by virtue of its ownership thereof (other than mechanics or other liens due Tenant, to the acts extent that such Substitute Taxes are means of Landlord, its agents or contractorsraising revenue from real estate shall pay Tenant's Proportionate Share of Substitute Taxes within thirty (30) allocable to the Term (hereinafter “Taxes”) prior to delinquencydays after invoice. 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 such Substitute Taxes shall be changed so thatbased upon the income of Landlord, in lieu of or in addition then Tenant's obligation with respect to the whole or any part of such ad valorem tax, there aforesaid Substitute Taxes shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only limited to the extent amount thereof as computed at the same are applicable to rates that would be payable if the Demised Premises. Upon Tenant’s execution rent reserved hereunder were the sole taxable net income of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantLandlord.

Appears in 1 contract

Samples: Lease Agreement (Organogenesis Inc)

Real Estate Taxes. (A) Tenant shall pay13.1. For purposes of this Lease, as Additional Rent, directly and subject only to the relevant taxing authorityexclusions provided below, all "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 taxestaxes 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, general excess profit, estate, inheritance, succession, transfer, franchise, capital or special assessments, sewer and water charges and other charges imposed tax or assessment upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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)Landlord, or upon Landlord by virtue the rentals payable under this Lease (except for taxes on the rentals as set forth below), all of its ownership thereof (other than mechanics or other liens due to which shall be the acts obligation of Landlord, its agents unless same are charges 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, assessments made in lieu of real estate, or other taxes expressly included in addition 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 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 lieu of the whole or any part of such ad valorem taxthe taxes, assessments, levies, impositions or charges then levied, assessed or imposed on real estate and the improvements thereon, there shall be assessedlevied, levied assessed or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar imposed: (i) a tax, assessment, levy, imposition or charge wholly or fee (partially as distinct from the federal and state income tax in effect capital levy or otherwise on the Commencement Daterents received therefrom, or (ii) a tax, assessment, levy, imposition or charge measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures of real property or real property operations the Demised Premises and imposed on owners of real estate generallyupon Landlord, or (iii) a license fee measured by the rents payable by Tenant to Landlord, then any and all of such taxes, assessments, levies, charges and fees impositions or charges, or the part thereof so measured or based, shall be deemed to be included within the term "Taxes, but only to " for the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantpurposes hereof.

Appears in 1 contract

Samples: Lease (Terra Tech Corp.)

Real Estate Taxes. (A) Tenant shall paybe responsible for all real property taxes and general and special assessments, as Additional Rentforeseen and unforeseen ("Real Estate Taxes"), directly to which may be levied or assessed against the relevant taxing authorityPremises 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, general or special assessments, metropolitan district charges, sewer and rents, ad valorem charges, water charges and other charges imposed upon the Demised Premisesrents, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of front foot benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)charges, and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account other governmental impositions in the nature of Taxes)the foregoing, 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 sums 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 pursuant 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 thereofShopping Center Documents. If at any time during the Term the present system method of ad valorem taxation prevailing at the commencement of property the Term shall be changed altered so that, in lieu of or in addition as to cause the whole or any part of such ad valorem taxthe items constituting Real Estate Taxes to be levied, there shall be assessed, levied assessed or imposed on such property wholly or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental partly as a capital levy, incomeor otherwise, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct on the rents received from the federal and state income tax Premises, wholly or partly in effect on lieu of the Commencement Date) measured by imposition of, or based the increase of, taxes in whole or in part upon Building rents or any other incidents, benefits or measures the nature of real property or real property operations and imposed on owners of real estate generallyReal Estate Taxes issued against the Premises, then any and all the charge to Landlord resulting from such altered method of such taxes, assessments, levies, charges and fees taxation shall be included deemed to be within the term 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, but only 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 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 supporting documentation for Tenant's "pro rata share" of Real Estate Taxes at least thirty (30) days prior to the extent the same are applicable date upon which Tenant must pay such "pro rata share" of Real Estate Taxes to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantLandlord.

Appears in 1 contract

Samples: Lease (Carolina National Corp)

Real Estate Taxes. (A) Tenant shall paypay all real estate taxes and other impositions for the Premises, as Additional Rentincluding any fees in lieu of taxes, both general and special, 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 directly to the relevant taxing authorityauthority including any fine, penalty, interest or cost that may be added thereto for non-payment thereof. Real estate taxes and other impositions shall mean all real estate ad valorem taxes, general or special assessments, sewer water and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 sanitary taxes, assessments, leviesliens, licenses and permit fees or any other taxes imposed, assessed or levied against the Premises, and all other 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 may be created, assessed, confirmed, adjudged, imposed or charged upon or with respect to the Premises or any improvements made thereto, or on any part of the foregoing or any appurtenances thereto, or directly upon this Lease or the rent payable hereunder or amounts payable by any 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 authority, or under 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 and fees shall be included within the term Taxesmade on local or general improvements or any governmental or public power or authority whatsoever, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Leaseexcluding income, Landlord shall cause the Washington County Treasurer to issue real franchise, capital gains, and estate tax bills directly to the Tenantand gift taxes.

Appears in 1 contract

Samples: Lease (Arotech Corp)

Real Estate Taxes. (A) Tenant shall pay, as As Additional Rent, Tenant shall pay to Landlord Tenant's Proportionate Fraction of all taxes, assessments (special, betterment 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 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, Tenant shall pay the same directly to the relevant taxing authorityproper authority prior to any late charges, all real estate interest or penalties becoming payable thereon. Simultaneously with the payment of such taxes or assessments, 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, general excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance or special assessmentstransfer taxes, sewer and water charges and other charges imposed upon the Demised Premisesprovided, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including however, that if at any so-called linkage, impact or voluntary betterment payments), and all penalty 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 time during the Term term the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, or in lieu of increases therein, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature of other tax on the gross rents received with respect to the Building or Lot or a federal, state, county, municipal municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallygross rents, then Tenant's Proportionate Fraction of any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based ("Substitute Taxes"), shall be payable by Tenant, provided, however, Tenant's obligation with respect to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord aforesaid Substitute Taxes shall cause the Washington County Treasurer to issue real estate tax bills directly be limited to the Tenantamount thereof as computed at the rates that would be payable if the Building and Lot were the only property of Landlord.

Appears in 1 contract

Samples: Extension of Lease (Mercury Computer Systems Inc)

Real Estate Taxes. (A) Tenant shall pay, as As and for Additional Rent, Tenant shall pay to Landlord, without setoff or deduction, any and 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 (whether general or 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 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 extent that the same are charged to Landlord rather than directly to Tenant, any of the relevant following taxes relating to Tenant's use, occupancy of, 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 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 or a portion of any of the aforesaid real estate taxes or assessments upon or against the Premises. 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 of this Lease and any extensions, renewals, and hold-over periods hereof. A "tax year" shall be deemed to be a calendar year, notwithstanding the assessment or collection thereof on a different basis by any taxing authority. Tenant may, all at its sole cost and expense, contest any assessment or levy of real estate taxes, general provided that Tenant either pays such real estate taxes under protest or special assessmentsdeposits with Landlord, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit prior to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments date on account of Taxes), assessed or imposed against the Demised Premises or the property of which the Demised Premises taxes are a part (including without limitation any personal property taxes levied on due and payable, an amount which is necessary to pay the total amount of such property or on fixtures or equipment used real estate taxes, together with all penalties and interest, 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 Taxessuch contest is unsuccessful. To the extent necessary therefor, Landlord will provide the same consent 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 execute such documents and participate in such proceedings as may be changed so that, in lieu of or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantreasonably necessary.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Inc)

Real Estate Taxes. The term “Real Estate Taxes” means all taxes and special and general assessments that may be assessed, levied, confirmed, imposed or become a lien on any Property (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments than on account of any actions or omissions of Landlord, a Third Party Lessor, the Leemilt’s Lessor, the Gettymart Lessor, or the Power Test Lessor or conditions existing on, at or with respect to any such Property before the applicable Commencement Date) by or for the benefit of any Government with respect to any period during the Term, together with any taxes, assessments and occupancy taxes that may be levied, assessed or imposed by any Government in lieu of or as a substitute, in 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 extent, if any, such item is included as Fixed Rent hereunder) are also “Real Estate Taxes).” The term “Real Estate Taxes” shall, however, not include any of the following, all of which Landlord shall pay before delinquent or payable only with a penalty: (a) any franchise, 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 which is Tenant’s responsibility pursuant to the terms of this Restated Lease) of Landlord, (b) the incremental portion of any of the items listed in this Section that would not have been levied, imposed or assessed but for any sale or other direct or indirect transfer of the Fee Estate or of any interest in Landlord during the Term, (c) any charges 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 applicable Commencement Date, (d) any charges that are levied, 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 Property during the Term based on the present system recapture or reversal of ad valorem taxation 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 property shall be changed so that, in lieu any charge(s) of any kind imposed or in addition assessed with respect to the whole or Premises, relating to any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from period(s) before the federal and state income tax in effect on the applicable Commencement Date, and (e) measured by or based in whole or in part upon Building rents or any interest, penalties and 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 included within the term Taxes, but only with respect to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.items “a” through “d.”

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant For purposes of this Lease, "Real Estate Taxes" shall pay, as Additional Rent, directly to the relevant taxing authority, mean all real estate taxestaxes and assessments, general or special assessmentsspecial, sewer and water charges and other charges imposed upon the Demised Premisesordinary or extraordinary, foreseen or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkageunforeseen, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on upon the Property, or assessed, levied or imposed upon the fixtures, machinery, equipment or systems in, upon or used in connection with the operation of the Property under the current or any future taxation or assessment system or modification of, supplement to, or substitute for such property or Demised Premises or on Landlord any kind or nature system (provided in the event of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar such a substitute tax, assessmentto the extent possible to be calculated as such, levythe amount thereof which may be included within Real Estate Taxes shall be the portion (up to the whole, charge 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 fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 attempting to obtain a reduction of such taxes, rates or assessments, levies, charges including any legal fees and fees shall be included within costs incurred in connection with contesting or appealing the term amounts or the imposition of any Real Estate Taxes, but only 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 installments to the extent it has the same are applicable 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 expenses (including, but not limited to, attorneys' fees, disbursements and actual costs) incurred by Landlord in obtaining such reduction, Tenant shall 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 Demised Premises. Upon Tenant’s execution extent allocable to the Term of this Lease, Landlord Lease (but in no event shall cause any such payment to Tenant exceed the Washington County Treasurer difference between the amount of Real Estate Tax Increases paid by Tenant for the relevant period and the expenses of obtaining the refund giving rise to issue real estate tax bills directly to the Tenantsuch payment).

Appears in 1 contract

Samples: Lease (Boron Lepore & Associates Inc)

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxesTaxes and assessments, general or special assessmentsspecial, sewer and water charges and other charges ordinary or extraordinary, foreseen or unforeseen, assessed, levied or imposed upon the Demised PremisesBuilding or the Land, or impositions assessed, levied or agreed payments in lieu thereof imposed upon the fixtures, machinery, equipment or voluntary payments made systems in, upon or used in connection with the provision operation of governmental services or improvements of benefit to the Building or the Demised Premises 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 (including all taxes and assessments for public improvements or any so-called linkageother 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, impact rates or voluntary betterment payments)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 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 all Base Rent due under this Lease and all penalty and interest thereon (if Additional Rent due to Tenant’s failure to make timely payments on account under Paragraph 6 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 thereofthis Lease. If at any time during the Term the present system method of ad valorem taxation of property shall be changed altered so that, that in lieu of or in addition to as a substitute for the whole or any part of such ad valorem taxany Real Estate Taxes levied, assessed or imposed there shall be assessedlevied, 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 include in Real Estate Taxes only that portion of any assessment levied or imposed on such property the Building or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only Land equal to the extent full amount of the same are applicable assessment divided by the maximum number of calendar years (or portions thereof) that Landlord is permitted to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantpay such assessment.

Appears in 1 contract

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

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 paypay to Landlord, as Additional Rent, directly to the relevant taxing authority, its Proportionate Share of such Tax increase. The term "Taxes" shall be defined as (i) all real estate and other ad valorem taxes, general including, without limitation, real estate rental, receipt or special assessments, sewer and water charges and gross receipt tax or any other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises tax on Landlord (including any so-called linkage, impact or voluntary betterment paymentsexcluding Landlord's income taxes), now or hereafter imposed by any federal, state or local taxing authority and all penalty 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 whether as 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 substitution 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures 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 real property operations and imposed on owners of real estate generally, then any and all of such appeal pursued by Landlord in an effort to reduce taxes, assessments, levies, and (iii) any metropolitan district water and sewer charges and fees shall be included within other governmental charges which customarily are part of the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly xxxx issued by governmental authorities charged with said responsibility. Taxes shall be adjusted on a proportionate basis for any 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 Tax Year in effect as of the commencement of the Term. Tenant shall pay such Proportionate Share of Taxes within thirty (30) days after written request therefor by Landlord, and further agrees, in lieu thereof, at the 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 Term and at the beginning of each successive Tax Year, with appropriate adjustment being made at the end of each Tax Year.

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant shall pay, pay to Landlord as Additional Rent, directly Rent the Real Estate Taxes within ten (10) days prior to the relevant taxing authoritydue date of any Real Estate Tax bill. Xx the event the mortgagee on the Property requires the Real Estate Taxes to be escrowed, Tenant 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 real estate taxestaxes of every kind and nature assessed by any governmental authority on the Lot, general or special assessments, sewer the Building and water charges and other charges imposed upon the Demised Premisesimprovements, or impositions both, and on the Common Areas of the Park which the Landlord shall become obligated to pay because of or agreed payments in lieu thereof or voluntary payments made in connection with the provision ownership, leasing and operating of governmental services the Lot, the Building and improvements, or improvements of benefit both, subject to the Building or the Demised Premises (including following: There shall be excluded for such taxes all income taxes, excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance and transfer taxes, provided, however, that if at any so-called linkage, impact or voluntary betterment payments), and all penalty 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 time during the Term the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature 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 municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallysuch gross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees 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 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, but only and at the request of Tenant, Landlord shall join and otherwise cooperate in any such proceedings, provided that Tenant shall defend, indemnify and 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 extent contrary contained herein, Landlord's Operating Costs shall be reduced by reimbursements, credits, discounts, reductions or other allowances received or receivable by Landlord for items of cost included in Landlord's Operating Costs (except for reimbursements to Landlord by tenants under the additional rent provisions of their respective leases), including any tax 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 applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantdue and payable.

Appears in 1 contract

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

Real Estate Taxes. Tenant shall pay directly to the Landlord: (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 (and Tenant’s Proportionate Fraction of any such taxes, assessments, levies, fees and charges if they are assessed against the entire Building or Lot), which are, at any time prior to or during the Term hereof, imposed or levied upon or assessed against (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general Premises or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Lot, (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 or the Building or the Lot; (including ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any so-called linkageFixed Rent, impact Additional Rent or voluntary betterment payments)other sum payable hereunder; (iii) all sales, value added, use and all penalty and interest thereon (if due to Tenant’s failure to make timely payments similar taxes at any time levied, assessed or payable on account of Taxes)the acquisition, leasing or use of the Premises (and Tenant’s Proportionate Fraction of any such taxes if they are levied, assessed or imposed against payable on account of the Demised acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the Premises (and Tenant’s Proportionate Fraction of all charges for utilities furnished to the entire Building or Lot) which may become a lien on the Building or the property 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 Demised Premises are Lot is 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 delinquencypart. In the event that Tenant requests that Landlord receives apply for any xxxx for Taxesabatement of, or otherwise contest, any tax or assessment, Landlord will provide 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 overnight delivery within five Landlord in accordance with applicable laws, and (5ii) days after Landlord’s receipt 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 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 the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature 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 municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based in based, whole or in part 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 generallygross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based (“Substitute Taxes”), shall be payable by Tenant; provided, however, that (i) Tenant’s obligation with respect to the Demised Premisesaforesaid 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. Upon Tenant’s execution of this Lease, Landlord shall cause furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

Real Estate Taxes. Tenant shall pay directly to the Landlord: (i) all taxes, assessments to the extent due and payable (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) Tenant shall paythe Premises or the Building or a fraction of the Lot, as Additional (B) any Fixed Rent, directly to the relevant taxing authority, all real estate taxes, general Additional Rent or special assessments, sewer and water charges and other charges imposed upon the Demised Premisessum payable hereunder or (C) this Lease, or impositions the leasehold estate hereby created, or agreed payments which arise in lieu thereof respect of the operation, possession or voluntary payments made in connection with use of the provision of governmental services Premises or improvements of benefit to the Building or the Demised Premises Lot; (including ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any so-called linkageFixed Rent, impact Additional Rent or voluntary betterment payments)other sum payable hereunder; (iii) all sales, value added, use and all penalty and interest thereon (if due to Tenant’s failure to make timely payments similar taxes at any time levied, assessed or payable on account of Taxes)the leasing or use of the Premises (and any such taxes if they are levied, assessed or imposed against payable on account of the Demised acquisition, leasing or use of the entire Building or Tenant's Proportionate Share of Lot); and (iv) all charges for utilities furnished to the Premises (and all charges for utilities furnished to the entire Building or Tenant's Proportionate Share of the Lot) which may become a lien on the Building or the property of 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 not less than five (5) days prior to the last date on which the Demised Premises are 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 part (including without limitation any personal property taxes levied on such property tax or on fixtures or equipment used in connection therewith)assessment period, or upon Landlord by virtue of its ownership thereof (other than mechanics installment period thereof, included in the Term at the beginning or other liens due end thereof, Tenant shall pay to the acts of Landlord, its agents within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or contractors) assessed or becoming payable which is allocable to the Term (hereinafter “Taxes”) prior to delinquencysuch 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 receives apply for any xxxx for Taxesabatement of, or otherwise contest, any tax or assessment, Landlord will provide 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 by overnight delivery within five at least 30 days prior to the last day on which such abatement or contest may validly be made under applicable law, and (5ii) days after Landlord’s receipt 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 the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature 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 municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallygross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the Demised Premisesaforesaid 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. Upon Tenant’s execution of this Lease, Landlord shall cause furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises.

Appears in 1 contract

Samples: Lease (Millennium Pharmaceuticals Inc)

Real Estate Taxes. (A) 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 payreimburse 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, as Additional Rent, directly to the relevant taxing authority, term "Taxes" shall include all real estate taxes, general taxes imposed on rents or special 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 and water charges rents, if billed by the appropriate authority as a tax rather than a utility charge, and other governmental impositions and charges imposed upon 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 Demised Premisesterm of this Lease or any extension or renewal thereof be levied, assessed, imposed, become due and/or payable, or impositions liens upon, or agreed payments in lieu thereof or voluntary payments made arise in connection with the provision of governmental services use, occupancy or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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)possession of, or upon Landlord by virtue of its ownership thereof (other than mechanics grow due or other liens due to payable out of, or for, 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 whole Shopping Center or any part thereof, or any land, buildings or other improvements therein, excluding, however, any of the foregoing 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 ad valorem taxas a water meter charge or the sewer rent based thereon, there which is measured by the consumption by the actual user of the item or service for which the charge is made, nor 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, if applicable. Nothing herein contained shall be assessed, levied construed to limit Landlord's right to contest any such taxes it feels are burdensome nor obligate Landlord to contest any such taxes which either Landlord or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same Tenant feels are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantburdensome.

Appears in 1 contract

Samples: Lease (Americasbank Corp)

Real Estate Taxes. (A) Tenant shall pay, as As Additional Rent, directly Tenant shall pay to the relevant taxing authority, Landlord at Landlord’s Payment Address Tenant’s Proportionate Fraction of (i) all real estate taxes, general assessments (special, betterment or special assessmentsotherwise), levies, fees, water and sewer rents and water charges and other charges imposed upon the Demised Premisescharges, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)if any, and all penalty 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 Landlord for 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”) 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 pumping station; provided that with respect to the taxes and assessments, if any, solely attributable to the sewer pumping station, prior to calculating the Building’s Share of such amount, such taxes and assessments solely attributable to the sewer pumping station shall be reduced by the amount, if any, of such taxes and assessments 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, Landlord 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 only the installments thereof (and interest thereon (if thereon) becoming due during the term shall be payable by Tenant hereunder. All payments shall be made by Tenant on the first day of the month following the month in which Landlord’s invoice therefor shall have been received by Tenant. Nothing herein shall, however, require Tenant to Tenant’s failure pay any income taxes, excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance or transfer taxes assessed 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 provided, however, that Landlord receives if at any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereof. If time during the Term term the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, or in lieu of increases therein, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature of other tax on the gross rents received with respect to the Building or Lot or a federal, state, county, municipal municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallygross rents, then Tenant’s Proportionate Fraction of any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based (“Substitute Taxes”), shall be payable by Tenant, provided, however, Xxxxxx’s obligation with respect to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord aforesaid Substitute Taxes shall cause the Washington County Treasurer to issue real estate tax bills directly be limited to the Tenantamount thereof as computed at the rates that would be payable if the Building and Lot were the only property of Landlord.

Appears in 1 contract

Samples: Avant Immunotherapeutics Inc

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, authority charged with collection thereof: (i) all real estate 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 special assessmentsduring the Term hereof, sewer and water charges and other charges imposed or levied upon or assessed against (A) the Demised Premises, (B) any Yearly Fixed Rent, Additional Rent or impositions other sum payable hereunder or agreed payments (C) this Lease, or the leasehold estate hereby created, or which arise in lieu thereof respect of the operation, possession or voluntary payments made in connection with use of the provision 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 governmental services the acquisition, leasing or improvements use of benefit the Demises Premises; and (iv) all charges for utilities furnished to the Building or the Demised Premises which may become a lien on the Premises (including collectively "taxes and assessments" or if singular "tax or assessment"). If any so-called linkagetax or assessment levied against the Demised Premises may legally be paid in installments, impact Tenant may elect to pay such tax or voluntary betterment payments)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 penalty applications, providing Tenant with historic operating costs and interest thereon (if due 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 Tenant’s 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 timely payments on account 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 Taxes)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 is required to pay pursuant to this Section 5.2.1, or (b) if at any time during the Term of this Lease, the method of taxation shall be such that there shall be levied, assessed or imposed against on Landlord a capital levy or other tax directly on the rents received from the Demised Premises and/or any tax 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) assessment measured by or based based, in whole or in part, upon such rents or measured in whole or in part upon Building by income from the Demised Premises (if in computing such 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 income there is not allowable as a deduction for the taxable year substantially all of such taxesthe depreciation or interest deductions allowed for federal income tax purposes for the taxable year), assessments, levies, charges and fees shall be included within or upon the term Taxes, but only to value of the extent the same are applicable to Demised Premises or any present or future improvement or improvements on the Demised Premises. Upon , in which case all such taxes and assessments or the part thereof so measured or based ("Substitute Taxes"), shall be payable by Tenant’s execution , 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 Demised Premises were the only property of this LeaseLandlord, Landlord shall cause promptly furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantDemised Premises.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Real Estate Taxes. (A) Tenant shall payAll taxes, as Additional Rentassessments, directly water and sewer ----------------- rents, if any, and other charges, if any, general, special or otherwise, including all assessments for schools, public betterments and general or local improvements, levied or assessed upon or with respect to the relevant taxing authority, ownership of and/or all real estate other taxable interests in the Building imposed by any public or quasi-public authority having jurisdiction. Except for taxes, general or special assessmentsfees, sewer and water charges and other charges imposed upon impositions described in the Demised Premisesnext succeeding sentence, Real Estate Taxes shall not include any income inheritance, estate, succession, transfer, gift, profit tax or impositions capital levy. If at any time during the Term the methods of taxation shall be altered so that in addition to or agreed payments in lieu thereof of or voluntary payments made in connection with as a substitute for the provision whole or any part of governmental services any Real Estate Taxes levied, assessed or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)imposed there shall be levied, assessed or imposed against the Demised Premises Building (i) a tax, license fee, excise or other charge on 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)rents received by Landlord, or upon Landlord by virtue (ii) any other type of its ownership thereof (other than mechanics tax or other liens due 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 acts amount of Landlordtaxes assessed or levied, its agents or contractors) allocable to as well as of the Term (hereinafter “Taxes”) prior to delinquencyitems taxed. In the event that any building or land adjacent to the Building in which Landlord receives any xxxx for Taxeshas an interest is not separately assessed and taxed, Landlord will provide the same shall allocate a proportionate share to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereofeach such building. If during any real property tax or assessment levied against the Term land, buildings or improvements covered hereby or the present system of ad valorem taxation of property rents reserved therefrom, shall be changed so thatevidenced by improvement or other bonds, in lieu of or in addition to other form, which may be paid in annual installments, only the whole amount paid or accrued in any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 Lease Year shall be included within as Real Estates Taxes for such Lease Year as if Landlord paid in the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution maximum number of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantinstallments.

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant From and after the Commencement Date, Guest shall pay, as Additional Rent, directly to the relevant taxing authority, pay all real estate taxes connected with the Premises and one-half of real estate taxes connected with the Site (or 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) all real estate, ad valorem or personal property taxes levied with respect to the Premises, 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 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 sewer general or special assessments, sewer charges, excises, levies, license and water charges and other charges imposed upon the Demised Premisespermit fees, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)transfer taxes, and all penalty and interest thereon (other similar charges, if due to Tenant’s failure to make timely payments on account of Taxes)any, assessed which are levied, assessed, or imposed against upon or become due and payable in connection with, or liens upon, the Demised Premises Premises, Site 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 facilities used in connection therewith), and rentals or upon Landlord by virtue receipts therefrom; and (iv) all taxes of its ownership thereof (other than mechanics whatsoever nature that are imposed in substitution for or in lieu of any taxes, assessments or other liens due 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 paid to Host in the acts of Landlord, its agents or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquencymanner set forth in Paragraph 8 hereof. In the event that Landlord receives Host is required under any xxxx 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 Taxesits estimate of such monthly installments. Provided Guest is the sole occupant of the Building, Landlord will provide Guest shall have the same right to Tenant by overnight delivery within five (5) days contest the assessed value of the Premises after Landlord’s receipt thereoffirst consulting with Host. If during the Term building becomes multi-tenant, Host and Guest may mutually agree to contest the present system assessed value. In such case, Host will negotiate or contest the assessed value with the City of ad valorem taxation Ann Xxxor. Real estate taxes for the first and last years of property this Lease shall be changed so that, in lieu of or in addition to prorated between Host and Guest using the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantdue date method.

Appears in 1 contract

Samples: Lease (Mechanical Dynamics Inc \Mi\)

Real Estate Taxes. (A) Tenant shall pay13.1 For purposes of this Lease, as Additional Rent, directly and subject only to the relevant taxing authorityexclusions provided below, all “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 taxestaxes 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, general excess profit, estate, inheritance, succession, transfer, franchise, capital or special assessments, sewer and water charges and other charges imposed tax or assessment upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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)Landlord, or upon Landlord by virtue the rentals payable under this Lease (except for taxes on the rentals as set forth below), all of its ownership thereof (other than mechanics or other liens due to which shall be the acts obligation of Landlord, its agents unless same are charges 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, assessments made in lieu of real estate, or other taxes expressly included in addition 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 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 lieu of the whole or any part of such ad valorem taxthe taxes, assessments, levies, impositions or charges then levied, assessed or imposed on real estate and the improvements thereon, there shall be assessedlevied, levied assessed or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar imposed: (i) a tax, assessment, levy, imposition or charge wholly or fee (partially as distinct from the federal and state income tax in effect capital levy or otherwise on the Commencement Daterents received therefrom, or (ii) a tax, assessment, levy, imposition or charge measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures of real property or real property operations the Demised Premises and imposed on owners of real estate generallyupon Landlord, or (iii) a license fee measured by the rents payable by Tenant to Landlord, then any and all of such taxes, assessments, levies, charges and fees impositions or charges, or the part thereof so measured or based, shall be deemed to be included within the term Taxes, but only to ” for the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantpurposes hereof.

Appears in 1 contract

Samples: Lease (Edible Garden AG Inc)

Real Estate Taxes. (A) Tenant The Landlord shall pay, as Additional Rent, directly to the relevant taxing authority, pay all real estate taxes assessed against the leased Premises during the term 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 fees which may in the future be levied against the use of the Premises by the Town of Hartford or any other governing body or public utility including, but not limited to real estate or ad valorem taxes, general or special . Tenant shall also pay to the appropriate taxing authority the amount of all assessments, sewer impositions and water charges and other charges taxes made, levied or assessed against or imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 thereofTenant. If at any time during the Term term of this Lease the present system methods of ad valorem taxation of property prevailing at the execution hereof shall be changed or altered so that, that in lieu of or in addition as a supplement to or a substitute for the whole or any part of such ad valorem taxthe real estate taxes or assessments now or from time to time hereafter levied, assessed or imposed by applicable taxing authorities, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar (i) a tax, assessment, levy, charge imposition or fee (charge, wholly or partially as distinct 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 and state income tax in effect on the Commencement Date) levy), imposition or charge measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures of real property or real property operations the Premises and imposed on owners of real estate generallyupon Landlord, or (iii) a license fee measured by the rent payable under this Lease, then any and all of such taxes, assessments, levies, charges and fees impositions and/or charges, or the part thereof so measured or based shall be deemed to be included within in the term Taxesgeneral real estate taxes and assessments payable by Tenant pursuant hereto, but only to the extent that such taxes, assessments, levies, impositions and charges would be payable if the Premises were the only property of Landlord subject thereto, and Tenant shall pay and discharge the same are applicable as herein provided in respect of the payment of general real estate taxes and assessments. The Tenant, after notice to the Demised Premises. Upon Landlord, may contest in good faith, by appropriate proceedings conducted promptly at the Tenant’s execution of this Lease's expense, in the Tenant's name or (whenever necessary) in the Landlord's name, any such taxes, assessments, duties or charges and the Landlord agrees to cooperate reasonably with the Tenant and to execute any documents or pleadings reasonably required for such purpose, provided that the Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.not incur any expense or

Appears in 1 contract

Samples: Lease Agreement (Creative Biomolecules Inc)

Real Estate Taxes. (A) Tenant Landlord shall pay, as Additional Rent, directly to pay all Taxes levied upon or assessed against the relevant taxing authority, all real estate taxes, general or special assessments, sewer land and water charges and other charges imposed upon improvements comprising the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)Center, and all penalty 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 appurtenances thereto during the Term (hereinafter “Taxes”) prior to delinquencyof this Lease. In the event that said Taxes payable by Landlord receives shall be increased in any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereof. If tax year during the Term of this Lease, over the present system amount of such Taxes due and payable for the tax year in which the Term of this Lease shall commence, Tenant shall pay to Landlord, as additional rent, its Proportionate Share of such tax increase. The term “Taxes” shall be defined as (1) all real estate and other ad valorem taxation of property shall be changed so thattaxes, in lieu of including, without limitation, Columbia Park and Recreation Association charges, general and special assessments (including paving assessments), real estate rental, receipt or gross receipt tax or any other tax on Landlord (excluding Landlord’s income taxes), now or hereafter imposed by any Federal, state or local taxing authority and whether as a substitution for or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures 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 real property operations and imposed on owners of real estate generally, then any and all of such appeal pursued by Landlord in an effort to reduce taxes, assessments, levies, and (3) any metropolitan district water and sewer charges and fees shall be included within other governmental charges which customarily are part of the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly bxxx issued by governmental authorities charged with said responsibility. Taxes shall be adjusted on a proportionate basis for any period which shall be less than a Tax Year. Tax Year shall be the 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 the tax bxxx and the calculation of Tenant’s share thereof within a reasonable period of time. Tenant agrees to pay its proportionate share of taxes within ten (10) days after written request therefore by Landlord, and further agrees, in lieu thereof, at the 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 term and at the beginning of each successive tax year, such sum as shall be reasonably requested by Landlord for each month with appropriate adjustment being made at the end of each tax year.

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant shall paypay to Landlord, as Additional Rentadditional rent, directly to 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 relevant taxing authority, fifteenth (15th) day following receipt by Tenant of Landlord’s Statement. The term “Real Estate Taxes” as used herein shall mean all real estate taxes, general impositions and charges of every kind and nature assessed by any governmental authority on the Lot, Building, Park and improvements, and the expenses incurred by Landlord in connection with any proceedings for abatement of taxes and assessments with respect to any fiscal year or special assessmentsfraction of a fiscal year; together with the Building’s allocable share of such taxes, sewer impositions and water charges and with respect to other charges imposed upon parcels on which any common facilities serving the Demised PremisesBuilding are located, which Landlord shall become obligated to pay because of or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision ownership, leasing and operation of governmental services or improvements of benefit the Lot, Building, Park and improvements, subject to the Building or the Demised Premises (including any so-called linkagefollowing: There shall be excluded from Real Estate Taxes all income taxes, impact or voluntary betterment payments)excise taxes, franchise taxes, and all penalty estate, succession, inheritance and interest thereon (transfer taxes, provided, however, that 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 at 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 time during the Term the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature of other tax on the gross rents received with respect to the Lot, Building and improvements, or both, or a federal, state, county, municipal municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallysuch gross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees to the extent so measured or based, shall be deemed to be included within the term “Real Estate Taxes.” If the amount of Real Estate Taxes, but 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 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 the extent Other Buildings. If said Real Estate Tax bill includes any Other Buildings, only a fractional share of the same are applicable taxes assessed with respect to the Demised PremisesLot shall be included as Real Estate Taxes. Upon Tenant’s execution Such fractional share shall equal the product of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly taxes assessed with respect to the TenantLot (as specified on the Real Estate Tax bill or, if not so specified, as otherwise reasonably estimated by Landlord) multiplied by a fraction, the numerator of which is the Rentable Floor Area of the Building 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 to Landlord Xxxxxx's Pro Rata Share of the Real Estate Taxes for the Property, plus 100% of : (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, 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 beginning or end thereof, Tenant shall paypay to Landlord, as Additional Rentwithin 15 days after receipt of invoice therefor, directly 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 relevant taxing authoritycosts of securing such abatement or refund, all real estate taxesand 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, general neither party paying any tax or special assessmentsassessment shall make such payment in such an amount, sewer and water charges and other charges imposed upon the Demised Premisesin such a manner, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including at such a time as would prejudice any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s abatement proceeding unless failure to make timely payments on account 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 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)Landlord, or any income, profits or revenue tax or charge upon Landlord the rent payable by virtue of its ownership thereof Tenant under this Lease (other than mechanics or other liens due any tax referred to the acts of Landlord, its agents or contractorsin clause (ii) allocable to the Term (hereinafter “Taxes”above) 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 whole or any part of unless such ad valorem tax, there shall be assessedtax is imposed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax assessed in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or substitution for any other incidents, benefits tax 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 included within the term Taxes, but only assessment which Tenant is required to the extent the same are applicable pay pursuant to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantSection 4.2.1.

Appears in 1 contract

Samples: Millipore Corp /Ma

Real Estate Taxes. Tenant shall pay to the Landlord (or directly to the appropriate governmental authority or agency if Tenant is assessed directly): (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 allocable to the term hereof, imposed or levied upon or specifically assessed against (A) Tenant shall paythe Lot or Building, as (B) any Annual Fixed Rental Rate, Additional RentRent or other sum payable hereunder or (C) this Lease, directly 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 specifically imposed or levied upon, assessed against or measured by any Annual Fixed Rental Rate, Additional Rent or other sum payable hereunder; (iii) all sales, value added, use and similar taxes at any time specifically levied, assessed or payable on account of the acquisition, leasing or use of the Premises; and (iv) all charges for utilities furnished to the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to Premises which may become a lien on the Building or Lot (collectively "taxes and assessments" or if singular "tax or assessment"), but excluding all taxes and assessments associated with the Demised Premises State and Municipal Transportation and Infrastructure Improvements (including any so-called linkage, impact or voluntary betterment paymentsas hereinafter defined), and any general income, sales, gross receipts, value added, estate, transfer or similar taxes which happen to cover, among many items, rentals, leaseholds and properties. Landlord agrees that Tenant may apply to the appropriate governmental authority or agency to have taxes and assessments assessed directly to Tenant, and Landlord shall cooperate with Tenant completing such applications and documentation necessary to effect such direct assessment. Landlord shall be responsible for payment of all penalty taxes and assessments directly imposed on the Premises for the construction of the Massachusetts Highway Department's proposed interchange to be located off of Interstate 93, the proposed Massachusetts Port Authority Regional Transportation Center, and the proposed extension and improvement of Commerce Way to be completed by the City of Woburn (which is intended to include roadway access to Metro North Corporate Center, and a connection to Presidential Way) (collectively, the "State and Municipal Transportation and Infrastructure Improvements"). For purposes of this Section 4.2.1, the Lot shall not include the Expansion Lot prior to September 1, 1999 and if Tenant does not exercise Tenant's Option to Expand, from and after December 1, 2000, the term Lot shall not include the Expansion Lot. Real estate paid in respect of the Expansion Lot during such period shall be referred to as the "Expansion Lot Taxes." If Tenant exercises Tenant's Option to Expand, provided Tenant is not then in default under this Lease continuing beyond applicable notice, grace and cure periods, Landlord shall pay to Tenant an amount equal to the Expansion Lot Taxes on the Expansion Building Delivery Date. For each tax or assessment period, or installment period thereof, wholly included in the Term, all such payments shall be made by Tenant by the later of (a) ten (10) days (or three (3) days, if Tenant is assessed directly) prior to the last date on which the same may be paid without interest thereon or penalty, or (b) fifteen (15) days after Tenant's receipt of Landlord's invoice therefor (if due Landlord is assessed directly). 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 Tenant’s failure Landlord, within thirty (30) days after receipt of Landlord's invoice therefor, the fraction of taxes and assessments so levied or assessed against Landlord or becoming payable which is allocable to such included period. If Tenant shall be in default under this Lease beyond applicable notice, grace and cure periods, or if required by Landlord's mortgagee, Tenant shall make timely payments monthly on account of Taxes), taxes as Landlord may direct so long as such taxes are assessed or imposed directly against Landlord. Landlord shall provide Tenant with copies of all tax and assessment bills on 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 promptly 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 's receipt thereof. If As long as Tenant pays Landlord all amounts due from Tenant for taxes and assessments under this Section 4.2.1 or Section 4.2.5, Landlord shall pay all taxes and assessments to the applicable government authorities before or on the dates due, and shall promptly provide to Tenant evidence of such payment. With respect to taxes and assessments which may lawfully be paid in installments, for the purpose of this Section 4.2.1, taxes and assessments in any period shall include only such portion of the same which is payable within such period and any interest payable thereon computed (whether or not such is the case) as if Landlord had elected to pay the same over the longest period permitted by law. Nothing contained in this Lease shall, however, require Tenant to pay any income taxes, excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance or transfer taxes of Landlord or any other party, provided, however, that if at any time during the Term term the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature of other tax on the gross rents received with respect to the Lot and Building, or both, or a federal, state, county, municipal municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallygross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, Tenant's obligation with respect to the Demised Premisesaforesaid 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. Upon Tenant’s execution Landlord shall furnish to Tenant a copy of this Leaseany notice of any public, special or betterment assessment received by Landlord concerning the Premises and charged to Tenant hereunder promptly upon Landlord's receipt thereof. If Landlord shall obtain any abatement or refund on account of any real estate taxes as to which Tenant shall have paid payments hereunder, Landlord shall cause promptly refund to Tenant Tenant's portion of any such abatement or refund, after deducting therefrom the Washington County Treasurer to issue real estate tax bills reasonable costs and expenses incurred by Landlord in obtaining such abatement or refund. For so long as taxes are assessed directly against Landlord, if at least twenty (20) days prior to the last day for filing an application for abatement of taxes or assessments for any tax year, Tenant shall give notice to Landlord that it desires to file an application for abatement of such taxes and assessments or to otherwise contest the assessed valuation of the Lot and Building for such tax year, and if within ten (10) days after the receipt of such notice, Landlord does not give notice back to Tenant that Landlord shall itself file such application or commence such contest, then Tenant shall have the right either in its own name or in the name of Landlord but at its own cost and expense to-file such application or commence such contest. If within ten (10) days after receipt by Landlord of such notice from Tenant, Landlord shall give Tenant notice that Landlord shall itself file such application or commence such contest, then Landlord shall do so prior to the expiration of the time for the filing of the same at its own cost and expense. In any event, if any abatement by whomever prosecuted shall be obtained, the cost and expense of obtaining the same shall be the first charge upon such abatement and shall be reimbursed to the party expending the same from the proceeds thereof, prior to any other distribution. If Tenant shall file an application for abatement or commence such contest pursuant to the provisions of this paragraph, Tenant shall prosecute the same to final determination with reasonable diligence and shall not, without Landlord's consent (which shall not be unreasonably withheld), settle, compromise or discontinue the same except that Tenant may discontinue the prosecution of the same at any time after giving Landlord notice thereof and a reasonable opportunity to assume prosecution of the same. If Landlord shall file an application for abatement or commence such contest, Landlord shall prosecute the same to final determination with reasonable diligence and shall not without Tenant's consent (which shall not be unreasonably withheld), settle, compromise, or discontinue the same except that Landlord may discontinue the prosecution of the same at any time after giving Tenant notice thereof and a reasonable opportunity to assume prosecution of the same. If either party shall file an application for an abatement or commence such contest, the other will cooperate and furnish any pertinent information in its files reasonably required by the prosecuting party. In every case, any abatement, refund, rebate or credit received shall be paid first to the party which prosecuted such abatement in the amount of the costs and expenses expended by it in such connection, and the balance to each party in the proportion that it paid the tax or assessment being abated, refunded, rebated or credited. Landlord shall pay any sums due to Tenant from any abatement after receipt of the same even if this Lease shall have expired. Tenant shall timely pay all sums payable under this Lease in respect of taxes and assessments notwithstanding the pendency of an abatement proceeding or any such contest.

Appears in 1 contract

Samples: Lease (Arqule Inc)

Real Estate Taxes. (A) A. Effective as of the Commencement Date, Tenant shall payagrees to pay in addition to base rent as additional rent during the term of this lease and any and all renewals, as Additional Rentextensions, directly to the relevant taxing authority, and modifications hereof Tenant's proportionate share of any and all real estate taxes, general or special 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 water other taxes and charges (collectively the "Real Estate Taxes") assessed against BSP (Tax Lots Sec. 4 Sheet 03, Lots P, P, P105 and other charges imposed upon P4B and Sec. 4 Sheet 7 Lot P 89), which are subject to increase whether the increase in taxation results from a higher tax rate or an increase in the assessed valuation of the said property or the imposition of a special assessment against the property ("Tenant's Tax Contribution"). All such payments shall be 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 Demised Premises and the denominator shall be the square footage (including the Demised Premises) of BSP. Landlord represents, or impositions or agreed payments 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 lieu thereof or voluntary payments made 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 the provision seeking reductions in or refunds of governmental services or improvements of benefit to the Building or the Demised Premises (Real Estate Taxes, including any so-called linkagecosts incurred by Landlord to challenge the valuation of the Building, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of may only be included in "Real Estate 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 actually receives any xxxx for Taxes, Landlord will provide a refund or reduction of Real Estate Taxes in excess of 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 costs and fees shall be included within the term incurred in seeking such refund reduction of Real Estate Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 1 contract

Samples: Ask Jeeves Inc

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 pay, as Additional Rent, directly to on or before the relevant taxing authoritydue date thereof, all real estate taxestaxes and assessments due and payable in respect of the Grantor Property, general or special assessments, sewer and water charges and other charges imposed upon including the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit areas subject to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 delinquencyGrantee Easements. In the event that Landlord receives Grantor shall be delinquent in the payment of such taxes and/or assessments, Grantee shall have the right, upon and after the expiration of fifteen (15) days prior notice to Grantor, to cure any xxxx for Taxesdefault of Grantor with respect to its obligations to pay real estate taxes and assessments and any penalties and interest thereon; and in the event of any such payment(s) by Grantee, Landlord will provide then Grantee shall have the right of reimbursement upon demand, 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 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 against any and all amount of any nature which may be due from Grantee to Grantor (whether arising under this Agreement or otherwise), and Grantee shall have a lien upon the Grantor Property in the amount so paid by Grantee, with such taxesinterest at the Prime Rate plus four percent (4%) per annum and Grantee's reasonable attorneys' fees, assessmentsfor all amounts not promptly reimbursed or offset. Grantor shall provide to Grantee promptly upon receipt thereof from the taxing authority, levies, charges and fees shall be included within the term Taxes, but only copies of any notice of default in payment of any tax or assessment with respect to the extent Grantor Property. The lien allowed to Grantee under this Paragraph shall have priority over all liens (other than a lien in favor of a governmental authority entitled to priority) then or thereafter placed upon the same are applicable to the Demised Premises. Upon Tenant’s execution Grantor Property, including, without limitation, any lien of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenanta deed of trust.

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant For the purposes of this Section, the term "taxes" shall pay, as Additional Rent, directly to the relevant taxing authority, include all real estate taxes, assessments (general or special assessments, sewer and water charges special) and other governmental impositions and charges imposed 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 levied, assessed, imposed, become due and payable, or liens upon, or arise in connection with the use, occupancy or possession of, or grow duo or payable out of, or for, the building or any part thereof, or the land (the "Parcel") upon which the building is situated or 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 the Industrial Park shall be determined by multiplying the amount of 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 levied, assessed or unpaid on any leasehold interest, any right of occupancy, any investment of Tenant in the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 of any kind owned, installed or used by Tenant, including Tenant's leasehold improvements 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 Tenants right 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to occupy the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 1 contract

Samples: Lease (Singing Machine Co Inc)

Real Estate Taxes. (A) Tenant shall paypay directly all Taxes that accrue against the Building during the Term; provided, as Additional Renthowever, directly 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 relevant taxing authorityeffective date hereof, Tenant (or an affiliate of Tenant) owned the Premises; accordingly, and in furtherance of Tenant's obligation to directly pay all real estate taxesTaxes pursuant to this Section 2.3, general the Parties further acknowledge 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 special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit a portion thereof) are attributable to time periods occurring prior to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 Commencement Date. “Taxes”) prior to delinquency. In the event that Landlord receives ” means 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of future federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 local taxes, assessments, levies, benefit charges, and/or other governmental and/or private impositions (including business park charges and fees 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 included within extraordinary or ordinary, general or special, or similar or dissimilar to any of the term Taxesforegoing, but only shall not include any inheritance, estate, succession, income, profits or franchise tax. Tenant shall have the right to, at its sole cost and expense, contest any increase in Taxes or any increase in the assessment of the real property on which the Building is located (the “Land”). If any such tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the same at such times and in such manner as the taxing authority shall require. In addition to the extent foregoing, Tenant shall be liable for all taxes levied or assessed against any personal property or fixtures placed in the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, whether levied or assessed against Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the or Tenant.

Appears in 1 contract

Samples: Commercial Lease Agreement (CONX Corp.)

Real Estate Taxes. (A) The Tenant shall pay, as Additional Rent, directly pay to the relevant taxing authority, all Landlord each year as additional rent the full amount of the real estate taxes, general taxes or special levies and assessments (including area assessments, sewer ) levied during the term of this lease or extension thereof and water charges assessed against and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit attributable to the Building or demised premises. Such rent amount representing the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)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 all penalty 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 shall submit 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 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 whole legal proceedings all or any part of such ad valorem tax, there taxes and assessments (providing that Tenant shall be assessed, levied or imposed on such property or Demised Premises or on give notice to Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (its intention to do so within 14 days of the time of notice to Tenant of amount of taxes due thereunder as distinct from the federal and state income tax in effect on the Commencement Daterent.) measured by or 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 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, assessments, levies, charges and fees Tenant shall be included within the term Taxes, but only have a right to the extent the same are applicable entire funds recovered by it through such contest, and funds repaid to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord from tax authorities due to said contest shall cause immediately be paid by the Washington County Treasurer to issue real estate tax bills directly Landlord to the Tenant. Tenant further agrees that it shall assume all costs and expenses of such contest and shall hold the Landlord harmless from any costs and expenses including reasonable attorney’s fees and court costs which Landlord may deem appropriate to expend to protect its interest in such proceeding. General and special taxes and assessments levied during the first and last year of this lease shall be pro-rated between the parties in accordance with the number of days of Tenant’s actual tenancy under this lease.

Appears in 1 contract

Samples: Indenture of Lease

Real Estate Taxes. (Aa) Landlord and Tenant shall pay, as Additional Rent, directly use their best reasonable efforts to have the relevant taxing authority, all Town of St. Johnsbury separately assess the demised premises for local real estate taxestax purposes. If successful, general or special assessments, sewer and water charges and other charges imposed upon Tenant shall pay as additional rent the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with real estate taxes assessed on the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 delinquencydemised premises for each tax year. In the event that Landlord receives and Tenant are not successful in obtaining the assessment of the demised premises separately, Tenant shall pay to Landlord, as additional rent its prorated portion of the real estate taxes upon the demised premises for each tax year (or portion of a tax year) during the term of this Lease. Computation of any xxxx prorated real estate taxes for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereofany partial year shall be on a per diem basis. 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 whole or any part of such ad valorem tax, 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, levied or imposed on such property or Demised Premises or on Landlord any kind or nature the Tenant's share of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 taxes assessed against the common area and all of such taxes, assessments, levies, charges and fees the land comprising the Shopping Center shall be included within the term Taxes, but only equal to the extent product of the same are applicable real estate taxes assessed upon the common area and the land comprising the Shopping Center multiplied by the Tenant's fraction. Landlord shall give 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 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 Demised Premisesdue date(s) therefor for any tax year. Upon Tenant’s execution of this Lease, Landlord Tenant shall cause the Washington County Treasurer to issue real estate tax bills directly pay promptly to the Tenantappropriate 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 appraisal in accordance with applicable provisions of law.

Appears in 1 contract

Samples: Lease Agreement (Community Bancorp /Vt)

Real Estate Taxes. (A) Tenant Operating Costs shall pay, as Additional Rent, directly to the relevant taxing authority, include all real estate Real Estate Taxes. The term "Real Estate Taxes" shall mean and include all taxes, general or special assessments, water and sewer and water charges and other similar governmental charges imposed upon the Demised Premises, levied on or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit attributable to the Building or Project or their operation, including without limitation, (i) real property taxes or assessments levied or assessed against the Demised Premises Building (including any so-called linkagetenant improvements) or Project, impact (ii) assessments or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes), charges levied or assessed or imposed against the Demised Premises Building or Project by any redevelopment agency, (iii) any tax measured by gross rentals received from the property leasing of which the Demised Premises are a part (including without limitation Premises, Building or Project, excluding any personal property net income, franchise, capital stock, state or inheritance taxes levied on such property imposed by the State or on fixtures federal government or equipment used in connection therewith)their agencies, branches 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 departments; provided that Landlord receives if at any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereof. If time during the Term the present system of ad valorem taxation of property shall be changed so thatany governmental entity levies, in lieu of assesses or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or imposes on Landlord any kind (A) general or nature of federalspecial, statead valorem or specific, countyexcise, municipal capital levy or other governmental capital levytax, incomeassessment, saleslevy 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, franchiseor (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, levylevy or charge based directly or indirectly upon the transaction represented by this Lease or such other leases, or (D) any occupancy, use, per capita or other tax, assessment, levy or charge based directly or fee (as distinct from indirectly upon the federal and state income tax in effect on use or occupancy of the Commencement Date) measured by Premises or based in whole other premises within the Building 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 generallyProject, then any and all of such taxes, assessments, levies, levies and charges and fees shall be deemed to be included within in the term Real Estate Taxes. If Real Estate Taxes are increased after payment thereof for any reason, but only to the extent the same are including, without limitation, error or reassessment by applicable to the Demised Premises. Upon Tenant’s execution of this Leasegovernmental or municipal authorities, Landlord Real Estate Taxes shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.include, and Tenant shall pay

Appears in 1 contract

Samples: Office Building Lease (Remedytemp Inc)

Real Estate Taxes. (A) Tenant For purposes of this Lease, “Real Estate Taxes” shall pay, as Additional Rent, directly to the relevant taxing authority, mean all real estate taxestaxes and assessments, general or special assessmentsspecial, sewer and water charges and other charges imposed upon the Demised Premisesordinary or extraordinary, foreseen or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkageunforeseen, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property upon the Building or Demised Premises the Land, or on Landlord any kind assessed, levied or nature imposed upon the fixtures, machinery, equipment or systems in, upon or used in connection with the operation of federal, state, county, municipal the Building or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on Land under the Commencement Date) measured by or based in whole or in part upon Building rents current or any other incidentsfuture taxation or assessment system or modification of, benefits supplement to, or measures of real property 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 real property operations and imposed on owners of real estate generally, then any and all attempting to obtain a reduction of such taxes, rates or assessments, leviesincluding any legal fees and costs incurred in connection with contesting or appealing the amounts or the imposition of any Real Estate Taxes. In the event Real Estate Taxes (including special assessments) 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 unpaid balance of the assessment, 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 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 and fees or fee imposed upon Landlord in 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 connection with the operation, repair or maintenance of the Project Real Estate Taxes also shall be included within exclude any interest or penalties arising by reason of the term Taxeslate payment of same, but only to the extent the same are applicable to the Demised Premises. Upon provided Tenant has timely made all payments of Tenant’s execution Share of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantIncreases in Real Estate Taxes as required hereunder.

Appears in 1 contract

Samples: Assignment Agreement (ICF International, Inc.)

Real Estate Taxes. (A) 6.1 Tenant shall pay, as Additional Rent, directly to pay the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit taxes allocable to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), determined as hereinafter provided) for each tax year included within the Lease Term and all penalty a pro rata portion thereof for the tax years partially included in the Lease Term at the commencement and interest thereon (if due expiration thereof. The real estate taxes allocable to Tenant’s failure to make timely payments on account of Taxes), assessed or imposed against the Demised Premises or for any tax year shall be the property sum of which (A) the real estate taxes upon the Demised Premises are a part 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 without limitation any personal property 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 half actual floor area). If the Demised Premises (EXCLUDING THE LAND BENEATH THE SAME) shall not be separately assessed, and are instead assessed jointly with other improvements, an allocation shall be made to determine the real estate taxes levied on such property upon the Demised Premises (EXCLUDING THE LAND BENEATH THE SAME). Such allocation of taxes shall be made according to the assessors records or on fixtures or equipment used in connection therewith)written assessors' certifications, or upon in the absense thereof, by the decision of a majority of three appraisers, one designated by Xxxxxxxx, one by Xxxxxx, and the third by the two so designated, the expenses of such appraisers being borne equally by 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 thereofand Xxxxxx. If during the Term Demised Premises and the present system of ad valorem taxation of property shall be changed so thatCommon Areas are at any time separate tax parcels, then in lieu of or in addition to the whole or any part of such ad valorem taxforegoing computations, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable taxes allocable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 1 contract

Samples: Agreement (Basic Us Reit Inc)

Real Estate Taxes. (A) Tenant shall paypay to Landlord in accordance with Section 4.2.6 below: (i) Tenant’s Share of all taxes, as Additional 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, directly Additional Rent or other rent of any kind or nature payable to Landlord by Tenant on account of the relevant taxing authorityownership, all real estate taxes, general leasing or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision operation of governmental services or improvements of benefit to the Building or Lot, or which arise on account of or in respect of the Demised Premises (including any so-called linkageownership, impact development, leasing, operation, or voluntary betterment payments)use of the Building or Lot, excluding interest and all penalty and interest thereon (if due penalties not attributable to Tenant’s failure default, and (ii) all charges for utilities furnished to make timely payments the Premises which may become a lien on account the Premises (collectively “taxes and assessments” or if singular “tax or assessment”); provided that for any fraction of Taxes)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 imposed against becoming payable which is allocable to such included period, and provided further that Landlord shall elect to pay any special assessment over the Demised Premises maximum time period permitted by law. Taxes shall not include penalties or interest for the property 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 the Demised Premises such taxes 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 delinquencybeing 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 be 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, if a separate or amended TIF Agreement is or has been obtained for any xxxx 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 Taxesall of its costs and expenses associated with attempting to obtain an amendment to the TIF Agreement for Tenant. Landlord shall keep Tenant informed of the progress of its efforts to obtain an amendment to the TIF Agreement, and Tenant agrees, upon request of Landlord, to reasonably cooperate with and provide information to Landlord will provide the same to Tenant by overnight delivery within five (5) days after in connection with Landlord’s receipt thereofeffort to obtain an amendment to the TIF Agreement for Tenant. If 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 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 the present system of ad valorem taxation of property shall be changed so that, in lieu of or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, the method of taxation shall be changed such that in lieu of taxes now payable there shall be levied, assessed or imposed on Landlord shall cause a capital levy or other tax directly on the Washington County Treasurer to issue real estate rents received from the Premises and/or any tax bills directly to the Tenant.or assessment measured by or based, in

Appears in 1 contract

Samples: Lease (LTX Corp)

Real Estate Taxes. (Aa) Tenant shall payGrantor, as Additional Rentwith respect to Grantor’s Property outside of the Generation Facilities Easement Area, directly and Grantee, with respect to the relevant taxing authorityGeneration Facilities and the Generation Facilities Easement Area, shall pay 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, general or special assessments, and, except for water and sewer and water charges and assessments, other charges governmental impositions and charges, taxes, rents, levies, and sums of every kind or nature whatsoever, extraordinary as well as ordinary, as shall at any time be imposed upon the Demised Premisesby any governmental or public authority on, or impositions or agreed payments become a lien in lieu thereof or voluntary payments made in connection with respect of, the provision of governmental services or improvements of benefit to the Building Grantor’s Property or the Demised Premises (including Generation Facilities or any so-called linkagepart thereof, impact or voluntary betterment payments)which may become due and payable with respect thereto, and any and all penalty taxes, assessments, and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)charges levied, assessed or imposed against the Demised Premises upon Grantor’s Property 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 Generation Facilities in connection therewith)lieu of, or upon Landlord in addition to, the foregoing, under or by virtue of its ownership thereof (other than mechanics any present or other liens due to future laws, rules, requirements, orders, directives, ordinances, or regulations of the acts United States of LandlordAmerica, its agents or contractors) allocable to of 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 State of or in addition to the whole of any subdivision thereof, or of any part of such ad valorem taxlawful governmental authority whatsoever, there shall be assessedand any interest or penalties thereon, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or and (ii) all other governmental capital levy, incometaxes (excluding gains, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Datetaxes but including occupancy taxes which are measured by income) measured by ownership of Grantor’s Property or based in whole the Generation Facilities. Grantee shall pay and discharge all levies and assessments for water, water meter (including any expenses incident to the installation, repair, or in part upon Building rents or replacement of any other incidents, benefits or measures of real property or real property operations water meter) and imposed on owners of real estate generally, then any sewer and all of such taxes, assessments, levies, charges rents with respect to water and fees shall be included within the term Taxes, but only sewer which provide service to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantGeneration Facilities.

Appears in 1 contract

Samples: Easement and License Agreement (Pepco Holdings Inc)

Real Estate Taxes. (A) If the Premises are separately assessed, Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, pay all real estate taxestaxes and all installments of assessments (collectively, general the "Taxes") payable with respect to the Premises during the Lease Term promptly as the same shall become due and before interest or special assessmentspenalty accrues thereon, sewer and water charges 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) any tax of any other charges kind whatsoever which may be imposed upon on Landlord, the Demised rents payable hereunder, or the Premises, or impositions (b) any interest or agreed payments penalties payable as a result of Landlord's failure to pay any Taxes or assessments prior to delinquency, except the Taxes mentioned in lieu thereof this Article 25 if they are separately billed to Tenant, or voluntary payments made (c) any tax attributable to an increase in valuation of the 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 provision Premises. Tenant shall pay the Tax Xxxx to Landlord on or before the later of governmental services (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 benefit 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 Building validity or the Demised Premises (including amount of any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes), assessed or imposed Taxes levied against the Demised Premises or the property of which Shopping Center, whether the Demised Premises are a part (including without limitation any personal property taxes levied on separately assessed or not, by such property or on fixtures or equipment used in connection therewith), or upon Landlord by virtue of its ownership thereof (other than mechanics appellate or other liens due proceedings as may be appropriate in the jurisdiction and may defer payment of such obligations, pay same under protest or take such other steps as Tenant may deem appropriate. Landlord shall cooperate, at Tenant's expense, with the institution and in 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 the acts of Landlord, its agents or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquencyTenant. In the event that Landlord receives contests the validity or the amount of any xxxx 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, Landlord 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 will provide or Tenant shall have the same 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 overnight delivery Tenant within five thirty (530) days after of receipt by Landlord’s receipt thereof. If during the Term the present system of ad valorem taxation of property Tenant shall at all times be changed so that, in lieu of or in addition to the whole or any part of such ad valorem tax, there solely responsible for and shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, statepay before delinquency all municipal, county, municipal state or federal taxes assessed or levied against any leasehold interest hereunder or any personal property of any kind owned, installed or used by Tenant. If at any time during the term of this Lease, a tax or excise on rents or other governmental capital levy, income, sales, franchise, excise or similar tax, assessmenthowever described, levyis levied or assessed against Landlord on account of or measured by, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building 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 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 tax shall be included within as a part of the term Taxesreal property taxes covered hereby, but only to the extent of the same are applicable to the Demised Premises. Upon Tenant’s execution 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 improvement or other bonds or in other form which may be paid in installments, Landlord shall, if permitted, elect such installment payment plan and only the amount paid in any Lease Year shall cause be included in the Washington County Treasurer to issue real estate tax bills directly to the Tenanttaxes for that Lease Year for purposes of this Article.

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant From and after the Commencement Date, Guest shall pay, as Additional Rent, directly to the relevant taxing authority, pay all real estate taxes connected with the Premises and one-half of real estate taxes connected with the Site (or 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) all real estate, ad valorem or personal property taxes levied with respect to the Premises, 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 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 sewer general or special assessments, sewer charges, excises, levies, license and water charges and other charges imposed upon the Demised Premisespermit fees, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)transfer taxes, and all penalty and interest thereon (other similar charges, if due to Tenant’s failure to make timely payments on account of Taxes)any, assessed which are levied, assessed, or imposed against upon or become due and payable in connection with, or liens upon, the Demised Premises Premises, Site 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 facilities used in connection therewith), and rentals or upon Landlord by virtue receipts therefrom; and (iv) all taxes of its ownership thereof (other than mechanics whatsoever nature that are imposed in substitution for or in lieu of any taxes, assessments or other liens due 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 paid to Host in the acts of Landlord, its agents or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquencymanner set forth in Paragraph 8 hereof. In the event that Landlord receives Host is required under any xxxx 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 Taxesits estimate of such monthly installments. Provided Guest is the sole occupant of the Building, Landlord will provide Guest shall have the same right to Tenant by overnight delivery within five (5) days contest the assessed value of the Premises after Landlord’s receipt thereoffirst consulting with Host. If during the Term building becomes multi-tenant, Host and Guest may mutually agree to contest the present system assessed value. In such case, Host will negotiate or contest the assessed value with the City of ad valorem taxation Xxx Arbor. Real estate taxes for the first and last years of property this Lease shall be changed so that, in lieu of or in addition to prorated between Host and Guest using the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantdue date method.

Appears in 1 contract

Samples: Lease (MSC Software Corp)

Real Estate Taxes. (A) Tenant shall 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 the option of Landlord, as Additional Rent. If any such tax or excise is levied or assessed directly against Tenant, directly then Tenant shall be responsible for and shall pay the same at such times and in such manner as the taxing authority shall require. Tenant shall be liable for all taxes 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 taxes of Landlord 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, assessment or other charge upon or with respect to the relevant taxing authorityPremises which, all real estate taxesif it were in effect, general would be payable by Tenant under the provisions hereof or special assessmentsby the terms of such tax, sewer and water charges and assessment or other charges charge), (B) any estate, inheritance, succession, capital levy, transfer, gift or similar tax imposed upon on Landlord or any other owner of the Demised fee of the Premises, or impositions or agreed payments in lieu thereof or voluntary payments made (C) any capital gains tax imposed on Landlord in connection with the provision sale of governmental services the Premises to any person or improvements of benefit to the Building or the Demised Premises entity, (including D) any so-called linkageincome, impact or voluntary betterment payments), and all penalty 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)profits, 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar revenue tax, assessment, levyor charge imposed upon the Base Rent or Additional Rent or other benefit received by Landlord under this Lease by any governmental authority, charge or fee (as distinct from E) interest, penalties, and fines on any of the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantforegoing.

Appears in 1 contract

Samples: Lease Agreement (Powell Industries Inc)

Real Estate Taxes. (A) Tenant shall payAll taxes, as Additional Rentassessments, directly water and sewer rents, ----------------- if any, and other charges, if any, general, special or otherwise, including all assessments for schools, public betterments and general or local improvements, levied or assessed upon or with respect to the relevant taxing authority, ownership of and/or all real estate other taxable interests in the Building imposed by any public or quasi-public authority having jurisdiction. Except for taxes, general or special assessmentsfees, sewer and water charges and other charges imposed upon impositions described in the Demised Premisesnext succeeding sentence, Real Estate Taxes shall not include any income inheritance, estate, succession, transfer, gift, profit tax or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 thereofcapital levy. If at any time during the Term the present system methods of ad valorem taxation of property shall be changed altered so that, that in addition to or in lieu of or in addition to as a substitute for the whole or any part of such ad valorem taxany Real Estate Taxes levied, assessed or imposed there shall be assessedlevied, levied assessed or imposed on such property or Demised Premises or on Landlord any kind or nature of federal(i) a tax, state, county, municipal or other governmental capital levy, income, sales, franchiselicense fee, excise or similar tax, assessment, levy, other charge or fee (as distinct from the federal and state income tax in effect on the Commencement Daterents received by Landlord, or (ii) measured by any other type of tax or based other imposition in lieu of, or as a substitute for, or in addition to, the whole or in part upon Building rents or any other incidents, benefits or measures portion of real property or real property operations and imposed on owners of real estate generallyany Real Estate Taxes, then any and all of such taxes, assessments, levies, charges and fees the same shall be included within as Real Estate Taxes. A tax xxxx or true copy thereof, together with any explanatory or detailed statement of the term Taxesarea or property covered thereby, but only 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 extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this LeaseBuilding in which Landlord has an interest is not separately assessed and taxed, Landlord shall cause have the Washington County Treasurer right to issue allocate a proportionate share to each such building and Landlord's determination thereof shall be binding on the parties hereto. If any real estate property tax bills directly to or assessment levied against the Tenantland, buildings or improvements covered hereby or the rents reserved therefrom, shall be evidenced by improvement or other bonds, or in other form, which may be paid in annual installments, only the amount paid or accrued in any Lease Year shall be included as Real Estates Taxes for such Lease Year.

Appears in 1 contract

Samples: Noosh Inc

Real Estate Taxes. The total of all taxes and assessments now or hereafter imposed, levied or assessed by any lawful authority upon or against the land, buildings and all other appurtenant improvements constituting the Building (Awhether such taxes and assessments are general, special or otherwise, ordinary or extraordinary, foreseen or unforeseen), including (without limitation) Tenant 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 payinclude any increase resulting from a higher tax rate, as Additional Rentfrom an increase in assessed valuation, directly to from the relevant taxing authority, all real estate taxes, general or imposition of special assessments, sewer or from any other cause whatsoever. “Tax Year” shall mean the period (whether 12 months or less) with respect to which assessments of Real Estate Taxes are made by the taxing authorities having jurisdiction. Real Estate Taxes for each Tax Year shall be deemed to be the Real Estate Taxes payable in 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 water charges expert witness fees, incurred by Landlord in attempting to obtain a reduction of real Estate Taxes shall be added to and other charges imposed upon included in the Demised Premisesamount of Real Estate Taxes, however, Landlord shall have no obligation to contest any levy or impositions imposition of any Real Estate Taxes and may settle, compromise or agreed payments in lieu thereof or voluntary payments made in connection abandon any contest with the provision of governmental services or improvements of benefit respect to the Building or the Demised Premises (including amount of any so-called linkageReal Estate Taxes in its sole discretion. Refunds of Real Estate Taxes received by Landlord, impact or voluntary betterment payments)if any, and all penalty and interest thereon (if due shall accrue proportionately 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 benefit 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon accordance with Tenant’s execution space fraction in the Building. Tenant is responsible for paying its portion of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Real 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. (A) Tenant shall paypay to Landlord as additional rent during each lease year its "proportionate share", as Additional Rent, directly hereunder defined of the real property taxes and assessments without limitation payable by Landlord during each lease year with respect to the relevant taxing authorityentire Shopping Center. In the event the Stale of 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 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 paid in monthly installments, on or before the first day of each calendar month, in advance, in an amount estimated by Landlord; provided, that in the event Landlord is required under any Mortgage covering the Shopping Center to escrow real estate taxes, general or special assessmentsLandlord may but shall not be obligated to, sewer use the amount required to be escrowed as a base for its estimate of the monthly installments due from Tenant hereunder. Upon receipt of all tax bills and water charges assessment bills attributable to any calendar year during the term hereof, Landlord shall furnish Tenant with a written statement of the taxes and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 assessments for 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 delinquencyyear. In the event that Landlord receives any no tax xxxx for Taxesis available, Landlord will provide compute 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 whole or any part amount of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantlax.

Appears in 1 contract

Samples: Muslim Media Network, Inc.

Real Estate Taxes. (A) Tenant Landlord shall pay, as Additional Rent, directly to the relevant taxing authority, timely pay and discharge all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon taxes based on vehicles utilizing parking areas in the Demised Premises, taxes computed or impositions based on rental income (other than federal, state and municipal net income taxes), environmental surcharges, privilege taxes, excise taxes, business and occupation taxes, school fees or agreed payments in lieu thereof 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 voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkagebenefit), impact or voluntary betterment payments)assessments for local improvement and maintenance districts, and all penalty other governmental impositions and interest thereon 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 or ordinary, general or special, unforeseen or foreseen, or similar or dissimilar to any of the foregoing (if due to Tenant’s failure to make timely payments on account all of the foregoing being hereinafter collectively called "Real Estate Taxes)") which, assessed at any time during the Lease Term, shall be applicable 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)Project, or shall become due and payable and a lien or charge upon Landlord the Project under or by virtue of its ownership thereof (other than mechanics any present or future laws, statutes, ordinances, regulations, or other liens due to requirements of any governmental authority whatsoever. The term "Environmental Surcharge" shall include any and all expenses, taxes, charges or penalties imposed by the acts Federal Department of LandlordEnergy, its agents or contractors) allocable to Federal Environmental Protection Agency, the Term (hereinafter “Taxes”) prior to delinquency. In the event that Landlord receives any xxxx for TaxesFederal Clean Air Act, 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 whole or any part of such ad valorem taxregulations promulgated thereunder, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidentslocal, benefits state or measures federal governmental agency or entity now or hereafter vested with the power to impose taxes, assessments or other types of real property surcharges as a means of controlling or real property operations and imposed abating environmental pollution or the use of energy in regard to the use, operation or occupancy of the Premises provided such surcharge is based on owners an area wide action not related to the specific occurrences on the Project. Project Environmental issues will be covered by Article 26 of real estate generallythis Lease. The term "Real Estate Tax" shall include, then any and without limitation, all of such taxes, assessments, levies, fees, impositions or charges and fees shall be included within levied, imposed, assessed, measured, or based in any manner whatsoever (i) in whole or in part on the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of Rent payable by Tenant 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 or Tenant, or (vi) in lieu of 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 imposed upon Landlord. If any general or special assessment is levied and assessed against the Premises or Project, Landlord agrees to use its best reasonable efforts to cause the Washington County Treasurer assessment to issue real estate tax bills directly become a lien on the Premises or Project 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 Tenant shall only be 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 Commencement Date and the end of the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties Inc)

Real Estate Taxes. The term "Real Estate Taxes" means all taxes and special and general assessments that may be assessed, levied, confirmed, imposed or become a lien on any Property (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments than on account of any actions or omissions of Landlord, a Third Party Lessor, the Leemilt's Lessor, the Gettymart Lessor, or the Power Test Lessor or conditions existing on, at or with respect to any such Property before the applicable Commencement Date) by or for the benefit of any Government with respect to any period during the Term, together with any taxes, assessments and occupancy taxes that may be levied, assessed or imposed by any Government in lieu of or as a substitute, in 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 extent, if any, such item is included as Fixed Rent hereunder) are also "Real Estate Taxes)." The term "Real Estate Taxes" shall, however, not include any of the following, all of which Landlord shall pay before delinquent or payable only with a penalty: (a) any franchise, 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 which is Tenant's responsibility pursuant to the terms of this Restated Lease) of Landlord, (b) the incremental portion of any of the items listed in this Section that would not have been levied, imposed or assessed but for any sale or other direct or indirect transfer of the Fee Estate or of any interest in Landlord during the Term, (c) any charges 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 applicable Commencement Date, (d) any charges that are levied, 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 Property 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect based on the Commencement Date) measured by recapture or based in whole or in part upon Building rents or any other incidents, benefits or measures reversal 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.any

Appears in 1 contract

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

Real Estate Taxes. (A) Subject to Section 4.2.6, Tenant shall pay, as Additional Rent, pay directly to the relevant taxing authority, Landlord Tenant's Proportionate Fraction of: (i) all ad valorem real estate taxes, general betterment assessments (special or special assessmentsotherwise), levies, fees, water and sewer rents and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)charges, and all penalty other similar government levies and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)charges, general and special, ordinary and extraordinary, foreseen and unforeseen, imposed or levied upon or assessed or imposed against the Demised Premises or the property of Building in 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) Lot and allocable to the Term hereof (hereinafter “Taxes”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 (prorated if the Term includes any portion of such tax and assessment period, or installment period thereof) shall be made by Tenant not later than the later of (i) thirty (30) days after invoice from Landlord to Tenant accompanied by the relevant substantiation or (ii) five (5) days prior to delinquencythe last date on which the same may be paid without interest or penalty. 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 receives apply for any xxxx for Taxesabatement of, or otherwise contest, any tax or assessment, Landlord will provide 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 by overnight delivery within five at least 30 days prior to the last day on which such abatement or contest may validly be made under applicable law, and (5ii) days after Landlord’s receipt the reasonable substantiated expenses of such proceedings, including, without limitation, any 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 similar transfer taxes, 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, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature 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 municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallygross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent so measured or based ("Substitute Taxes"), shall constitute real estate taxes payable under the same are applicable Section 4.2.1; provided, however, that (i) the inclusion of the aforesaid Substitute Taxes shall be limited to the Demised Premisesamount thereof as computed at the rates that would be payable if the Building and Lot 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. Upon Tenant’s execution of this Lease, Landlord shall cause furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantBuilding or Lot.

Appears in 1 contract

Samples: Lease (Curis Inc)

Real Estate Taxes. Tenant shall pay directly to the Landlord: (i) all taxes, assessments to the extent due and payable (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, (and Tenant's Proportionate Fraction of any such taxes, assessments, levies, fees and charges if they are assessed against the entire Building or Lot) which are, at any time prior to or during the Term hereof, imposed or levied upon or assessed against (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general Premises or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Lot, (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 or the Building or the Lot; (including ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any so-called linkageFixed Rent, impact Additional Rent or voluntary betterment payments)other sum payable hereunder; (iii) all sales, value added, use and all penalty and interest thereon (if due to Tenant’s failure to make timely payments similar taxes at any time levied, assessed or payable on account of Taxes)the leasing or use of the Premises (and Tenant's Proportionate Fraction of any such taxes if they are levied, assessed or imposed against payable on account of the Demised acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the Premises (and Tenant's Proportionate Fraction of all charges for utilities furnished to the entire Building or Lot) which may become a lien on the Building or the property of 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 not less than five (5) days prior to the last date on which the Demised Premises are 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 part (including without limitation any personal property taxes levied on such property tax or on fixtures or equipment used in connection therewith)assessment period, or upon Landlord by virtue of its ownership thereof (other than mechanics installment period thereof, included in the Term at the beginning or other liens due end thereof, Tenant shall pay to the acts of Landlord, its agents within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or contractors) assessed or becoming payable which is allocable to the Term (hereinafter “Taxes”) prior to delinquencysuch 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 other tenants in the Building, requests that Landlord receives apply for any xxxx for Taxesabatement of, or otherwise contest, any tax or assessment, Landlord will provide 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 by overnight delivery within five and all other tenants 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 (5ii) days after Landlord’s receipt 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 the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature 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 municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallygross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the Demised Premisesaforesaid 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. Upon Tenant’s execution of this Lease, Landlord shall cause furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises.

Appears in 1 contract

Samples: Millennium Pharmaceuticals Inc

Real Estate Taxes. Xxxxxxxx agrees to pay all general and special taxes, assessments and governmental charges of any kind and nature whatsoever (Ahereinafter collectively referred to as "Taxes") lawfully levied against the Building, the real property on which it is situated and the grounds, parking areas, driveways and alleys around the Building. Tenant shall pay, pay to Landlord as Additional Rent, directly additional rent upon demand at the time the bill for each installment for any tax year applicable to the relevant taxing authorityTerm (or any renewal or extension thereof) issues, all Tenant's Proportionate Share of the amount of such taxes applicable to each installment less any monthly payments paid by Tenant as provided 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, general or special assessments, sewer and water charges and assessments which are levied with respect to the Building, and any improvements, fixtures and equipment and all other charges imposed upon property of Landlord, real or personal, located in the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made Building and used in connection with the provision operation of the 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 governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely Building; service 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 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures lieu of real property estate, possessory interest or real property operations and imposed on owners of real estate generally, then any and all of such personal properly taxes, assessments, levies, charges and fees shall . Any payment to be included within the term Taxes, but only made pursuant to this Article with respect to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to year in which the TenantLease commences or terminates shall be prorated.

Appears in 1 contract

Samples: Infiniti Solutions LTD

Real Estate Taxes. (A) Tenant shall pay, “Real Estate Taxes” are defined as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general or special existing and future assessments, sewer general and water charges 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) ad valorem real property taxes and assessments (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 charges imposed upon by the Demised Premises, State or impositions or agreed payments any subdivision thereof which: (1) are in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 replacement of or in addition to the whole all or any part of such ad valorem taxtaxes as sources of revenue, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee and (as distinct from the federal and state income tax in effect on the Commencement Date2) measured by or are based in whole or in part upon Building the 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 tenants in the Center to Landlord derived from the Center or with respect to Landlord’s, or the individuals’ or entities’ which from Landlord herein, ownership of the land 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 incidentslocal, benefits state, or measures of real property federal governmental agency or real property operations and imposed on owners of real estate generally, then any and all of such entity now or later vested with the power to impose taxes, assessments, leviesor other types of surcharges as a means of controlling or abating environmental pollution by the use of energy in regard to the use, charges operation, or occupancy of the Center. Any costs, expenses and 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 real estate taxes and/or assessments shall be included within the term “Real Estate Taxes, but only to the extent the same are applicable to the Demised Premises. Upon .” - 6 of 23 - Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.Initials Landlord’s Initials

Appears in 1 contract

Samples: Service Gross Office Lease (Entrade Inc)

Real Estate Taxes. Tenant shall pay directly to the Landlord; (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, (and Tenant's Proportionate Fraction of any such taxes, assessments, levies, fees and charges if they are assessed against the entire Building or Lot) which are, at any time prior to or during the Term hereof, imposed or levied upon or assessed against (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general Premises or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Lot, (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 or the Building or the Lot; (including ii) all gross receipts or similar taxes imposed or levied upon, assessed against or measured by any so-called linkageFixed Rent, impact Additional Rent or voluntary betterment payments)other sum payable hereunder; (iii) all sales, value added, use and all penalty and interest thereon (if due to Tenant’s failure to make timely payments similar taxes at any time levied, assessed or payable on account of Taxes)the acquisition, leasing or use of the Premises (and Tenant's Proportionate Fraction of any such taxes if they are levied, assessed or imposed against payable on account of the Demised acquisition, leasing or use of the entire Building or Lot); and (iv) all charges for utilities furnished to the Premises (and Tenant's Proportionate Fraction of all charges for utilities furnished to the entire Building or Lot) which may become a lien on the Building or the property of 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 not less than five (5) days prior to the last date on which the Demised Premises are same may be paid without interest or penalty. For any fraction of a part (including without limitation any personal property taxes levied on such property tax or on fixtures or equipment used in connection therewith)assessment period, or upon Landlord by virtue of its ownership thereof (other than mechanics installment period thereof, included in the Term at the beginning or other liens due end thereof, Tenant shall pay to the acts of Landlord, its agents within 20 days after receipt of invoice therefor, the fraction of taxes and assessments so levied or contractors) assessed or becoming payable which is allocable to the Term (hereinafter “Taxes”) prior to delinquencysuch 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 other tenants in the Building, requests that Landlord receives apply for any xxxx for Taxesabatement of, or otherwise contest, any tax or assessment, Landlord will provide 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 by overnight delivery within five and all other tenants 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 (5ii) days after Landlord’s receipt 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 the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature 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 municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallygross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable so measured or based ("Substitute Taxes"), shall be payable by Tenant; provided, however, that (i) Tenant's obligation with respect to the Demised Premisesaforesaid 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. Upon Tenant’s execution of this Lease, Landlord shall cause furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises.

Appears in 1 contract

Samples: Lease (BioMed Realty Trust Inc)

Real Estate Taxes. (A) Tenant For the purposes of this Lease, the term "Real Estate Taxes" shall pay, as Additional Rent, directly to the relevant taxing authority, mean all real estate taxes, general or special rates and assessments, sewer general and water charges and other charges imposed upon the Demised Premisesspecial, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)levied, assessed or imposed against by any lawful authority, falling whole or in part during the Demised Premises or the property term 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)this Lease, or upon Landlord by virtue of its ownership thereof (other than mechanics or other liens due with respect to the acts of Landlordland, its agents buildings and improvements (whether or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquency. In the event that Landlord receives any xxxx for Taxes, Landlord will provide not the same to Tenant by overnight delivery are assessed as real or personal) located or built 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 thatShopping Center, in lieu of or in addition to the whole or any part of such ad valorem taxincluding all taxes, there shall be assessedrates and assessments, general and special, and front foot benefit charges, levied or imposed on such property for school, public betterment, general or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal local improvements and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures of real property or real property operations and taxes imposed on owners in connection with any special taxing district. If the method of real estate generallytaxation 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 and all of such taxesnew tax, assessmentsexcise, levies, charges and fees 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, but only 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 extent amount of any Real Estate Taxes without consent or approval of the same are 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 to full lease year in question and the Demised Premises. Upon Tenant’s execution Commencement Date and/or expiration date of this Lease, Landlord Tenant's proportionate share of Real Estate Taxes for the applicable full lease year shall cause the Washington County Treasurer to issue real estate tax bills directly 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 bill or true copy thereof, together with any explanatory statement of the area or property covered thereby, submitted by Landlord to Tenant shall be conclusive evidence of the amount of taxes assessed or levied, 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 bonds, or in any other form, which may be paid in annual installments, only the 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 Shopping Center consists of separate tax parcels, then the Real Estate Taxes with respect to all of said separate tax parcels (whether owned by Landlord and/or any entity 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) Following the Commencement Date, in addition to all rentals herein reserved, Tenant shall pay to Landlord annual real estate taxes and assessments 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 Tenant shall pay, on a monthly basis, together with Base Rent as Additional Rentadditional rental, directly the amount of Tenant’s estimated tax obligation, subject to reconciliation upon receipt of the relevant taxing authority, all actual tax xxxx. The term “real estate taxes, general ” as used herein shall be deemed to mean all taxes assessed or special assessments, sewer levied against or imposed on the Premises and water charges the Improvements as well as taxes and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision assessments of governmental services or improvements of benefit to the Building or the Demised Premises every kind and nature (including any so-called linkagetax on rent which is substituted in whole or in part for, impact or voluntary betterment payments)is in addition to, real property taxes or assessments, and all penalty any license fee imposed by a local governmental body on the collection of rent, but excluding federal and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)state income taxes) levied and assessed in lieu of, 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)substitution for, or upon Landlord by virtue of its ownership thereof (other than mechanics in addition to, existing real property taxes, whether or other liens due to not now customary or within the acts 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 agents or contractors) allocable to occupancy of 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 thereofPremises under authority of this Agreement. If during any law or judicial decision results in the Term imposition of a real property tax on the present system of ad valorem taxation of property 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 be changed so thatnot include personal income taxes, inheritance taxes, or franchise taxes levied against the Landlord and City but not directly against such property, unless such taxes are in lieu of or in addition to the whole or any part of substitution for taxes levied directly against such property. The term “real estate taxes” shall also include all ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 possessory interest taxes, assessments, levies, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 1 contract

Samples: Relocation Agreement

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 pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxesproperty taxes and general, general special, supplemental and escape assessments; (ii) charges, fees or special assessmentsassessments for transit, sewer and water charges and public improvements, employment, job training, housing, day care, open space, art, police, fire or other charges imposed upon the Demised Premises, governmental services or impositions or agreed benefits; (iii) service payments in lieu thereof of taxes; (iv) any tax, fee or voluntary payments made in connection with excise on the provision use or occupancy of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord the Project; (v) any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levycharge, 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 distinct from the federal and state income tax in effect on the Commencement Date) measured by a substitute for, or based as an addition to, in whole or in part upon Building rents or part, any other incidentsReal Estate Taxes; and (vii) consultants’ and attorneys’ fees and expenses incurred in connection with proceedings to contest, benefits determine or measures of real property reduce Real Estate Taxes. Real Estate Taxes do not include: (A) franchise, transfer, inheritance or real property operations and imposed on owners of real estate generally, then any and all of such capital stock taxes, assessmentsor income taxes measured by the net income of Landlord from all sources, leviesunless 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 and fees shall due for late payment of Real Estate Taxes by Landlord. If any Real Estate Taxes are payable, or may at the option of the taxpayer be included within 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 term Taxes, but only to maximum time period allowed by applicable law. In the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.event

Appears in 1 contract

Samples: Office Lease (Stitch Fix, Inc.)

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Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, Landlord: (i) its pro-rata share of all real estate taxes, general assessments (special or special assessmentsotherwise), levies, fees, water and sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)rents, and all penalty other government levies and interest thereon charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which are, at any time during the Term hereof, imposed or levied upon or assessed against (if due A) the Property, (B) any Fixed Rent, Additional Rent or other sum payable hereunder, provided, however, that Tenant shall not be required to Tenant’s failure to make timely payments pay any of Landlord's income taxes, estate, succession or inheritance taxes, 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 Taxesthe 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, assessed or imposed against installment period thereof included in the Demised Premises or Term, all such payments shall be made by Tenant not less than fifteen days prior to the property of last date on which the Demised Premises are same may be paid without interest or penalty. For any fraction of a part (including without limitation any personal property taxes levied on such property tax or on fixtures or equipment used in connection therewith)assessment period, or upon Landlord by virtue of its ownership thereof (other than mechanics installment period thereof, included in the Term at the beginning or other liens due end thereof, Tenant shall pay to the acts of Landlord, its agents or contractors) allocable to the Term within ten (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 (510) days after Landlord’s receipt thereof. If during of invoice therefor, the Term the present system fraction of ad valorem taxation of property shall be changed taxes and assessments so that, in lieu of or in addition to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on assessed or becoming payable which is allocable to such property or Demised Premises or on Landlord included period. Nothing contained in this Lease shall, however, require Tenant to pay any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state Landlord's income tax in effect on the Commencement Date) measured by or 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, assessmentsestate, levies, charges and fees shall be included within the term Taxes, but only to the extent the same are applicable to the Demised Premisessuccession or inheritance taxes. Upon Tenant’s execution of this Lease, Landlord shall cause furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantProperty.

Appears in 1 contract

Samples: Lease Agreement (Bertuccis of White Marsh Inc)

Real Estate Taxes. (A) Tenant Landlord shall paypay all Taxes that accrue against the Property and/or Tower during the Term, which shall be deemed to be included as Additional Rent, directly to part of the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due Rent charged 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 ” means 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of future federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 local taxes, assessments, levies, benefit charges, and/or other governmental and/or private impositions (including business park charges and fees dues), levied, assessed and/or agreed to be imposed upon the Property and/or Tower, 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 included within extraordinary or ordinary, general or special, or similar or dissimilar to any of the term Taxesforegoing, but only to the extent shall not include any inheritance, estate, succession, income, profits or franchise tax. If any such tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the same are applicable at such times and in such manner as the taxing authority requires. Tenant shall be liable for all taxes levied or assessed against Xxxxxx’s personal property or Xxxxxx’s fixtures placed in the Premises, whether levied or assessed against Landlord or Tenant. Landlord shall reasonably cooperate with Tenant, at Xxxxxx’s expense, in filing, prosecuting and perfecting any appeal or challenge to Taxes as set forth in the Demised Premisespreceding sentence, including but not limited to, executing any consent, appeal or other similar document. Upon Tenant’s execution 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 Xxxxxx does not have the standing rights to pursue a good faith and reasonable dispute of any Taxes under this Leasesection, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantwill pursue such dispute at Xxxxxx’s sole cost and expense upon written request of Xxxxxx.

Appears in 1 contract

Samples: Tower Cell

Real Estate Taxes. (A) Tenant shall payAll taxes, as Additional Rentassessments, directly improvement bonds, utility hook-up fees, license and permit fees and other governmental charges and 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 relevant taxing authorityownership of and/or all other taxable interests in the property in question (land, all real estate taxes, general or special assessments, sewer and water charges buildings and other charges improvements) imposed upon the Demised Premisesby any taxing authority having jurisdiction, or impositions or agreed payments in lieu thereof or voluntary payments made and all reasonable costs and expenses incurred in connection with the provision negotiation or contesting of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Real Estate 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 at any time the Term the present system methods of ad valorem taxation of property shall be changed altered so that, that in addition to or in lieu of or in addition to as a substitute for the whole or any part of such ad valorem taxthe Real Estate Taxes now levied, assessed or imposed there shall be assessedlevied, levied assessed or imposed by any government body (a) a gross receipts or excise tax or license fee on such property the rents received or Demised Premises or on Landlord (b) any kind or nature other type of federal, state, county, municipal tax or other governmental capital levyimposition in lieu of, incomeor as a substitute for, salesor in addition to, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures portion of real property or real property operations and imposed on owners of real estate generallyany Real Estate Taxes, then any the same shall be included as Real Estate Taxes. Landlord and all Tenant recognize that there may be imposed new forms of such taxes, assessments, leviescharges, 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 existence of this Lease and the leases of other tenants or occupants of the Shopping Center or for the purpose of funding services or special assessment districts theretofore funded by real property taxes, shall also be included within the term meaning of "Real Estate Taxes" as used herein. Real Estate Taxes shall not include any inheritance, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Leaseestate, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantsuccession, transfer, gift, franchise, corporation, net income or profit tax.

Appears in 1 contract

Samples: Dm Management Co /De/

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, pay directly to the relevant taxing authority, Landlord: (i) all real estate taxes, general assessments (special or special assessmentsotherwise), levies, fees, water and sewer rents and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)charges, and all penalty other government levies and interest thereon charges, general and special, ordinary and extraordinary, foreseen and unforeseen (if due to and Tenant’s failure to make timely payments on account 's Proportionate Fraction 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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, fees and charges and fees shall be included within if they are assessed against the term Taxesentire Building or Lot), but only which are, at any time prior to or during the extent Term hereof, imposed or levied upon or assessed against (A) the same are applicable to Premises or the Demised Premises. Upon Tenant’s execution of Building or the Lot, (B) any Fixed Rent, Additional Rent or other sum payable hereunder or (C) this Lease, Landlord shall cause or the Washington County Treasurer to issue real leasehold estate tax bills directly hereby created, or which arise in respect of the operation, possession or use of the Premises or the Building or the Lot; (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 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 Premises (and Tenant.'s Proportionate Fraction of all charges for utilities furnished to the entire Building or 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 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

Appears in 1 contract

Samples: Vertex Pharmaceuticals Inc / Ma

Real Estate Taxes. (A) Tenant shall paypay to Landlord, as Additional Rentadditional rent, directly to the relevant taxing authority, all its pro rata share of real estate taxes, general taxes and assessments levied or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 forms a part (including without limitation hereinafter “Landlord’s Property”) and all those real estate taxes and assessments levied or assessed against the Demised Premises or any personal property taxes levied on such property or on fixtures or equipment used in connection therewith)part thereof applicable to the period of time Tenant leases the Demised Premises, whether payable during the Term of the Lease, or upon Landlord by virtue of its ownership thereof (other than mechanics or other liens due subsequent to the acts expiration of this Lease. This obligation shall include those real estate taxes and assessments presently in effect, as well as those enacted in the future. Tenant acknowledges that Real Estate Taxes are currently payable to the local assessing authority on a quarterly basis and that such tax bills represent payment of Real Estate Taxes applicable to the quarter in which the xxxx is issued. Such payment as to all real estate taxes or assessments levied or assessed against Landlord’s Property or the 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 amount of such taxes or assessments and Tenant’s pro rata share thereof. Such invoice or statement shall include a copy of the Real 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, its agents including Landlord, to arrive at Tenant’s pro rata share of real estate taxes and 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 contractors) allocable assessments levied against the Landlord on Landlord’s Property of 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 Term (hereinafter “Taxes”) prior to delinquencydenominator of which is the total number of square feet in the building assessed by the taxing authorities. In the event that Landlord receives any xxxx for Taxescalculation of the total number of square feet of building premises demised to Tenant, 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 finished space, i.e. offices, including toilet areas, shall be changed so that, weighted in lieu determination of or the numerator in addition the fraction described in this subsection by doubling the square footage devoted to such finished space. To the whole or any part of such ad valorem tax, there extent that Tenant shall be assessedliable for the payment of other 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 Demised Premises, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from Tenant shall pay its pro rata share thereof in accordance with the federal and state income tax in effect above. Tenant’s pro rata share on the Commencement Date) measured by or 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 Date shall be included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant50.20%.

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

Real Estate Taxes. Real Estate Taxes shall be defined as (Ai) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general or special assessments, sewer property taxes and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including assessments levied by any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes), assessed or imposed public authority against the Demised Premises or the property of which the Demised Premises are a part Project; (including without limitation any ii) all personal property taxes levied by any public authority on such personal property or on fixtures or equipment of Landlord used in connection therewith)the management, operation, maintenance and repair of the Project, (iii) all taxes, assessments and reassessments of every kind and nature whatsoever levied 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, assessed in lieu of or in addition substitution for existing or additional real or personal property taxes and assessments on the Project, or (iv) amounts necessary to the whole be expended because of governmental orders, whether general or any part special, ordinary or extraordinary, unforeseen as well as foreseen, of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or and nature of federalfor public improvements, stateservices, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents benefits or any other incidentspurposes which are assessed, benefits levied, confirmed, imposed or measures become a lien upon the Premises or Project or become payable during the Term. Further, for the purposes of real property this Article VII, Real Estate Taxes shall include the reasonable expenses (including, without limitation, attorneys’ fees) incurred by Landlord in challenging or real property operations obtaining or attempting to obtain a reduction of such Real Estate Taxes, regardless of the outcome of such challenge, and imposed on owners any costs incurred by Landlord for compliance, review and appeal of real estate generallytax liabilities. Notwithstanding the foregoing, Landlord shall have no obligation to challenge Real Estate Taxes. If as a result of any such challenge, a tax refund is made to Landlord, then provided no Event of Default exists under this Lease, 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. In the case of any Real Estate Taxes which may be evidenced by improvement or other bonds or 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. Except for the Margin Tax included in Operating Expenses, nothing contained in this Lease shall require Tenant to pay 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. Tenant hereby waives any and all rights under Section 41.413 of such taxes, assessments, levies, charges the Texas Tax Code and fees shall be included within any other applicable laws to protest appraised values or to receive notice of reappraised values regarding the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution Project or other property of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantLandlord.

Appears in 1 contract

Samples: Office Lease (RigNet, Inc.)

Real Estate Taxes. (A) Tenant shall pay, pay to Landlord as Additional Rent, directly Rent the Real Estate Taxes within ten (10) days prior to the relevant taxing authoritydue date of any Real Estate Tax bill. Xx the event the mortgagee on the Property requires the Real Estate Taxes to be escrowed, Tenant 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 real estate taxestaxes of every kind and nature assessed by any governmental authority on the Lot, general or special assessments, sewer the Building and water charges and other charges imposed upon the Demised Premisesimprovements, or impositions both, and on the Common Areas of the Park which the Landlord shall become obligated to pay because of or agreed payments in lieu thereof or voluntary payments made in connection with the provision ownership, leasing and operating of governmental services the Lot, the Building and improvements, or improvements of benefit both, subject to the Building or the Demised Premises (including following: There shall be excluded for such taxes all income taxes, excess profits taxes, excise taxes, franchise taxes, estate, succession, inheritance and transfer taxes, provided, however, that if at any so-called linkage, impact or voluntary betterment payments), and all penalty 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 time during the Term the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature 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 municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based based, in whole or in part 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 generallysuch gross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees 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 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, but only to and at the extent the same are applicable to the Demised Premises. Upon request of Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.join and otherwise cooperate in any such proceedings, provided that Tenant shall defend, indemnify and save harmless Landlord from and against any cost or expense incurred by Landlord in connection with any such proceedings. Tenant shall be entitled

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant Real Estate Taxes" shall pay, as Additional Rent, directly to the relevant taxing authority, mean all real estate taxes, general or special assessments, sewer assessments and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)betterments levied, assessed or imposed by any governmental authority upon or against the Demised Premises Property or the property Building or payments in lieu thereof, including reasonable expenses, which shall include without limitation, reasonable fees 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 attorneys, appraisers and other consultants incurred in connection therewith), with any efforts to obtain abatements or upon Landlord by virtue of its ownership thereof (other than mechanics reductions or other liens due to the acts assure maintenance of Landlord's taxes for any tax fiscal year wholly or partially included in the Term. If, its agents or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquency. In the event that Landlord receives at any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereof. If time 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this 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 cause join in such contest, protest or proceeding, but at Tenant's sole cost and expense. Any refund obtained by Tenant shall be paid to Landlord; PROVIDED, HOWEVER, in the Washington County Treasurer to issue real estate tax bills directly event Tenant's then current charges for Real Estate Taxes and 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 Tenantextent actually received by Landlord from the taxing authorities, such tax refund shall be applied by Landlord against such increase (but never below the Base Year Rate).

Appears in 1 contract

Samples: Lease Agreement (Applix Inc /Ma/)

Real Estate Taxes. (A) Tenant shall paypay to Landlord, as Additional Rent, directly to the relevant taxing real estate taxes and assessments ("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, all real estate including any taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premisessurcharges, or impositions service or agreed payments other fees of a nature not presently in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 effect which the Demised Premises are a part (including without limitation any personal property taxes shall hereafter be levied on such property the Project as a result of the use, ownership or on fixtures operation of the Project or equipment used in connection therewith)for any other reason, 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, 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 whole rentals of the Building shall be determined as if the Building were Landlord's only property and provided further, 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 part of such ad valorem Real Estate Taxes. Assessments shall include any and all so-called special assessments, license tax, there shall be assessedbusiness license fee, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar business license tax, assessmentcommercial rental tax, levy, charge or fee (as distinct from tax imposed by any authority having the direct power to tax, including any city, county, state or federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents government, or any school, agricultural, lighting, water, drainage other incidentsimprovement or special district thereof, benefits against the Project, or measures any part thereof, or against any legal or equitable interest 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 included within Landlord therein. For the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution purposes of this Lease, any special assessment shall be deemed payable in such number of installments as if actually paid. Landlord shall cause give Tenant written notice of the Washington County Treasurer to issue real estate tax bills directly 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 pay to Landlord in the same manner as the Common Area Expenses described in Paragraph 6(g), This Real Estate Tax impound shall be reconciled on an annual basis.

Appears in 1 contract

Samples: Commercial Lease (Finisar Corp)

Real Estate Taxes. (A) 29TH: Tenant shall pay, covenants and agrees to pay as Additional Rent, directly to the relevant taxing authority, additional rent its proportionate share of all real estate taxes, general or special assessments, sewer water rates and water charges charges, and other charges governmental charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen of any kind or nature whatsoever, including, but not limited to assessments for public improvements or benefits which shall be laid, assessed, levied or imposed upon and become due and payable, and a lien upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with land and building of the provision of governmental services or improvements of benefit to the Building demised premises or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 shopping center of which the Demised Premises 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 same form a part for any tax year shall be the product of (including without limitation 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 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 personal property unpaid portion of its pro rata share of such taxes levied 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 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 a refund of all or any part of the real estate taxes heretofore paid by Tenant for any year, Landlord shall promptly refund to Tenant (or credit Tenant with) its proportionate share of such property remission or on fixtures or equipment used refund, after deduction of all expenses incurred 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 at any time during the Term term of this Lease the present system methods of ad valorem taxation prevailing at the commencement of property the term hereof shall be changed altered so that, that in lieu of or in addition as a supplement to or a substitute for the whole or any part of such ad valorem taxthe real estate taxes or assessments now levied, assessed or imposed, there shall be assessed, levied or is imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar (i) a tax, assessment, levy, charge imposition or fee (a charge, wholly or partially as distinct from the federal and state income tax in effect a capital levy or otherwise, on the Commencement Daterents received therefrom 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 Building rents or any other incidents, benefits or measures of real property or real property operations the premises and imposed on owners of real estate generallyupon the Landlord, or (iii) a license fee measured by the rent payable under this Lease, then any and all of such taxes, assessments, levies, charges impositions and fees charges, or the part thereof so measured or based shall be 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 respect of the payment of general real estate taxes and assessments. As employed in this Article, "shopping center" shall be deemed to include that portion of Landlord's shopping center property located within the term TaxesTownship of Cedar Grove, but only to the extent the same are applicable to the Demised PremisesNew Jersey. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.Common Area Maintenance

Appears in 1 contract

Samples: Lease Agreement (Clearview Cinema Group Inc)

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all All real estate taxes, assessments, improvements or benefits, water, sewer or other rents, occupancy taxes and other governmental 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, whether general or special assessmentsspecial, sewer foreseen or unforeseen (but excluding any interest and water charges penalties thereon), which at any time during the Lease Term may be levied, assessed, imposed, become due and other charges imposed upon the Demised Premisespayable or create liens upon, or impositions or agreed payments in lieu thereof or voluntary payments made arise in connection with the provision use, occupancy or possession of governmental services the Center, but excluding any charge, such as a water meter charge and the sewer rent or improvements service charge based thereon, which is measured by the consumption of benefit the actual user of such item or service and for which a separate charge is made to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 tenants or other liens due to occupants of the acts of Landlord, its agents Center. A tax bill or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquency. In the event that copy thereof submitted by Landlord receives any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after 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 interest or penalties shown on any such tax bill. Real Estate Taxes shall not include any inheritance, estate, succession, transfer, gift, corporation, income or profit tax or capital levy that is or may be imposed upon Landlord’s receipt thereof. If ; provided, however, that if at any time during the Lease Term the present system methods of ad valorem taxation of property prevailing on the Effective Date shall be changed altered so that, that in lieu of or in addition to as a substitute for the whole or any part of such ad valorem taxthe Real Estate Taxes then levied, assessed or imposed on real estate there shall be assessedlevied, levied assessed or imposed (a) a tax on the rents received from such property real estate, or Demised Premises (b) a license fee measured by the rents received or on receivable by Landlord from the Center or any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee portion thereof (as distinct from the federal and state opposed to a general income tax), or (c) a tax in effect on the Commencement Date) or license fee imposed upon Landlord which is otherwise measured by or based in whole or in part upon Building rents the economic value of the Center, or any other incidents, benefits or measures of real property or real property operations and imposed on owners of real estate generallyportion thereof, then any and all of such taxes, assessments, levies, charges and fees the same shall be included within in the term Taxescomputation of Tax Charge hereunder, but computed as if the amount of such tax or fee so payable were that which would be due if the Center were the only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution property of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantsubject thereto.

Appears in 1 contract

Samples: Lease Agreement (Neoleukin Therapeutics, Inc.)

Real Estate Taxes. (A) Tenant Landlord shall paypay all Taxes that accrue against the Property and/or Tower during the Term, which shall be deemed to be included as Additional Rent, directly to part of the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due Rent charged 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 ” means 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of future federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 local taxes, assessments, levies, benefit charges, and/or other governmental and/or private impositions (including business park charges and fees dues), levied, assessed and/or agreed to be imposed upon the Property and/or Tower, 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 included within extraordinary or ordinary, general or special, or similar or dissimilar to any of the term Taxesforegoing, but only to the extent shall not include any inheritance, estate, succession, income, profits or franchise tax. If any such tax or excise is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the same are applicable to at such times and in such manner as the Demised Premisestaxing authority requires. Upon Tenant shall be liable for all taxes levied or assessed against Tenant’s execution personal property or Xxxxxx’s fixtures placed in the Premises, whether levied or assessed against Landlord or Tenant. Landlord shall reasonably cooperate with Tenant, at Xxxxxx’s expense, in filing, prosecuting and perfecting any appeal or challenge to Taxes as set forth in the preceding sentence, including but not limited to, executing any consent, 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 Leasesection, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the 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 shall pay, as Additional Rentwithin ten (10) days from the date Landlord submits to Tenant a statement setting forth the amount due Landlord under the provisions of this paragraph, directly to Tenant's proportionate share of the relevant taxing authority, all real estate taxes, general or special assessments, sewer property taxes and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or assessments on the Demised Premises (including any so-called linkageas 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, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account the numerator of Taxes), assessed or imposed against which is the floor area of the Demised Premises or and the property denominator of which is the Demised Premises are total floor area of the building or buildings being assessed. If the Landlord shall be required to maintain a part tax impound account, Tenant shall, at Landlord's request, pay one-twelfth (including without limitation any personal property 1/12) of Tenant's proportionate share of the estimated annual 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 advance each month in additional to the acts of Landlordminimum rental payment due hereunder. Landlord shall pay all taxes, its agents and assessments lawfully levied or contractors) allocable to assessed against 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 building or in addition to the whole buildings or any part thereof; provided, however, that Landlord may, dispute and contest the same. Tenant may, at its sole cost and expense, after it has paid in full its proportionate share of any taxes or assessments due hereunder, upon fifteen (15) days prior written notice to Landlord, contest with the appropriate governmental authority such ad valorem tax, there tax or assessment. Tenant shall be assessedentitled to any refund of any tax or penalty paid by Tenant, levied or imposed on such property or Demised Premises or on paid by Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee and reimbursed by Tenant to Landlord. (as distinct from the federal See Lease Rider "A" Building Expenses attached hereto and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantincorporated herein).

Appears in 1 contract

Samples: Lease Agreement (Paradigm Medical Industries Inc)

Real Estate Taxes. The total of all taxes and assessments now or hereafter imposed, levied or assessed by any lawful authority upon or against the land, buildings and all other appurtenant improvements constituting the Building (Awhether such taxes and assessments are general, special or otherwise, ordinary or extraordinary, foreseen or unforeseen), including (without limitation) Tenant 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 payinclude any increase resulting from a higher tax rate, as Additional Rentfrom an increase in assessed valuation, directly to from the relevant taxing authority, all real estate taxes, general or imposition of special assessments, sewer or from any other cause whatsoever. "Tax Year" shall mean the period (whether 12 months or less) with respect to which assessments of Real Estate Taxes are made by the taxing authorities having jurisdiction. Real Estate Taxes for each Tax Year shall be deemed to be the Real Estate Taxes payable in 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 water charges expert witness fees, incurred by Landlord in attempting to obtain a reduction of real Estate Taxes shall be added to and other charges imposed upon included in the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision amount of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 Real Estate 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Leasehowever, Landlord shall cause the Washington County Treasurer have no obligation to issue real estate tax bills directly contest any levy or imposition of any Real Estate Taxes and may settle, compromise or abandon any contest with respect to the amount of any Real Estate Taxes in its sole discretion. Refunds of Real Estate Taxes received by Landlord, if any, shall accrue proportionately to Tenant's benefit in accordance with Tenant's space fraction in the Building. Tenant is responsible for paying its portion of Real Estate Taxes. The Tenants' portion of Real Estate Taxes will be based upon the Tenants' Space Fraction times the Real Estate Taxes assessed against the Building pro-rated for the Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Cogent Communications Group Inc)

Real Estate Taxes. “Real Estate Taxes” which shall mean: (Ai) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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, impositions or charges and fees shall be included within on the term TaxesBuilding or the Property (adjusted after protest or litigation, but only to if any) for any part of the extent the same are applicable to the Demised Premises. Upon Tenant’s execution Term of this Lease, Landlord shall cause the Washington County Treasurer to issue exclusive of penalties, provided, it is understood that real estate tax bills directly taxes on the Building and other improvements on the Property are subject to a 100% exemption from taxes pursuant to the terms of the CRA Agreement, as further set forth in Section 4.03 hereof, (ii) any taxes which shall be levied in lieu of any such ad valorem real estate taxes, (iii) any special assessments for benefits on or to the Building or the Property paid in annual installments by Landlord, (iv) occupational taxes or excise taxes levied on rentals derived from the operation of the Building or the privilege of leasing property, and (v) 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;. If the Term of the Lease shall end during a tax calendar year (“tax calendar year” shall mean each annual period for which real estate taxes are assessed and levied) of which part only is included in the Term hereof, the amount of such Additional Rent shall be prorated on a per diem basis and shall be paid on or before the last day of the Term. 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, an amount payable for the portion of the Term during the tax calendar year shall be reasonably estimated by Landlord and the estimated amount shall be promptly paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Bare Escentuals Inc)

Real Estate Taxes. Real Estate Taxes shall be defined as (Ai) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate property taxes, general or special assessmentsassessments that are assessed, sewer and water charges and other charges imposed upon the Demised Premiseslevied, or impositions imposed on the land, buildings, and/or other improvements comprising all or agreed payments in lieu thereof part of the Project, or voluntary payments made which are otherwise imposed in connection with the provision ownership, leasing, and operation of governmental services 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, assessments and reassessments of every kind and nature whatsoever levied or improvements assessed in lieu of benefit to or in substitution for existing or additional real or personal property taxes and assessments on the Building or the Demised Premises (Project, including any so-called linkagevalue-added tax; and (iv) amounts necessary to be expended because of governmental orders, impact charges or voluntary betterment payments)other actions, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)nature for public improvements, assessed services, benefits or any other purposes which are assessed, levied, confirmed, imposed against or become a lien upon the Demised Premises or the property of which the Demised Premises Project or become payable during or 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 Term; further, Tenant shall reimburse Landlord receives any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) 30 days after Landlord’s receipt thereof. If during the Term the present system of ad valorem taxation of property shall demand for all taxes and assessments required to be changed so that, in lieu of or in addition paid by Landlord (except to the whole or any part of extent included in Real Estate Taxes by Landlord), when (a) such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) taxes are measured by or based reasonably attributable to the cost or value of (i) Tenant’s equipment, furniture, fixtures and other personal property located in whole the Premises, or (ii) the Tenant Work (as defined in part upon Building rents Exhibit X-x) or any other incidentsleasehold improvements made in or to the Premises by or for Tenant, 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 included within the term Taxes, but only to the extent the same 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 regardless of whether title to such Tenant Work or improvements is vested in Tenant or Landlord; (b) such taxes are applicable assessed upon or with respect to the Demised 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. Upon TenantThe 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 execution 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 refund is made to Landlord, then provided no Event of Default exists under this Lease, 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 bonds or 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 Washington County Treasurer maximum period permitted by law. Nothing contained in this Lease shall require Tenant to issue real estate pay (1) any franchise, gift, estate, inheritance or succession transfer tax bills directly 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 hereby waives any and all rights to protest appraised values or to receive notice of reappraised values regarding the TenantProject or other property of Landlord.

Appears in 1 contract

Samples: Work Agreement (McAfee Corp.)

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, “Real Estate Taxes” means all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, countycounty or local governmental or municipal taxes, municipal or other governmental capital levyfees, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 taxescharges, assessments, levies, charges licenses or other impositions, whether general, special, ordinary or extraordinary, that are paid or accrued during a Calendar Year (without regard to any different fiscal year used by such governmental or municipal authority) because of or in connection with the ownership, leasing or operation of the Project. Real Estate Taxes shall include (a) real property taxes; (b) general and fees 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 portion of the Project or as against the business of leasing any portion of the Project; (g) any assessment, tax, fee, levy or charge imposed by any governmental agency, public improvement district or by any non-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 Project (“Margin Tax”) and any other assessment, tax, fee, levy or charge allocable or measured by the area of the Premises or by the Rent payable hereunder, including any business, gross income, gross receipts, sales or excise tax with respect to the receipt of such Rent. Any costs and expenses (including reasonable attorneys’ and consultants’ fees) incurred in the compliance review of Real Estate Taxes or attempting to protest, reduce or minimize Real Estate Taxes shall be included within in Real Estate Taxes for the term year in which they are incurred. Landlord shall have no obligation to challenge Real Estate Taxes. If as a result of any such challenge, but a tax refund is made to Landlord, then provided no Event of Default exists under this Lease, 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 bonds or 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 the same are applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Demised Premises. Upon Project), (ii) any Operating Expenses and (iii) any taxes paid by Tenant directly on Tenant’s execution Property. Tenant hereby waives any and all rights under Section 41.413 of this Lease, Landlord shall cause the Washington County Treasurer Texas Tax Code and any other applicable Laws to issue real estate tax bills directly protest appraised values or to receive notice of reappraised values regarding the TenantProject or other property of Landlord.

Appears in 1 contract

Samples: Office Lease (Rackspace Hosting, Inc.)

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly pay to the relevant appropriate taxing authority, or governmental authority all real estate taxes, general assessments (special, betterment or special assessmentsotherwise), levies, fees, water and sewer rents and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)charges, and all penalty 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 the Lot or Building (collectively "taxes and assessments" or if singular "tax or assessment"). If, by law, any tax or assessment is payable, or may at the option of the taxpayer be paid, in installments (whether or not any interest shall accrue on the unpaid balance of such tax or assessment), unless Tenant 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 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 (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 (515) days after Landlord’s receipt thereof. If during Landlord shall have delivered the Term the present system of ad valorem taxation of property tax xxxx therefor to Tenant, and if any penalty or interest shall be changed so that, in lieu of or in addition accrue because Landlord shall not have timely delivered any such xxxx to the whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantpay 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. Tenant shall pay directly to the taxing authority the portion allocable to the Premises of: (i) all taxes, assessments (special or otherwise), levies, fees, water and sewer rents 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) Tenant shall paythe Premises, as Additional (B) any Fixed Rent, directly to the relevant taxing authority, all real estate taxes, general Additional Rent or special assessments, sewer and water charges and other charges imposed upon the Demised Premisessum payable hereunder or (C) this Lease, or impositions the leasehold estate hereby created, or agreed payments which arise in lieu thereof respect of the operation, possession or voluntary payments made in connection with use of the provision of governmental services Premises by Tenant; (ii) all gross receipts or improvements of benefit to the Building similar taxes imposed or the Demised Premises levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; (including iii) all sales, value added, use and similar taxes at any so-called linkagetime levied, impact assessed or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments payable on account of Taxesthe leasing or use of the Premises by Tenant; 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"), assessed . For each tax 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)assessment period, or upon Landlord by virtue of its ownership thereof (other than mechanics or other liens due to the acts of Landlordinstallment period thereof, its agents or contractors) allocable to wholly included in the Term (hereinafter “Taxes”) prior to delinquency. In the event that Landlord receives any xxxx for Taxes, Landlord will provide the same to ,all such payments shall be made by Tenant by overnight delivery within 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 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 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’s , within 10 days after receipt thereofof invoice therefor, together with a copy of the applicable bill xxxm the taxing authority, the fraction of taxes and assessments so levied or assessed or becoming payable which is allocable to such included period. If Nothing contained in this Lease shall, 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 the present system of ad valorem taxation of real property shall be changed so that, that in lieu of or in addition to the whole or any part of such the ad valorem taxtax on real property, there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature of other tax on the gross rents received with respect to the Lot and Building, or both, or a federal, state, county, municipal municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax any now in effect on the Commencement Dateeffect) measured by or based in whole or in part 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 generallygross rents, then any and all of such taxes, assessments, levieslevies or charges, charges and fees to the extent so measured or based ("Substitute Taxes"), shall be included within payable by Tenant; provided, however, Tenant's obligation with respect to the term Taxesaforesaid 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 furnish 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 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 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 extent status of any such abatement proceeding or contest, and Tenant shall not settle the same are applicable to without Landlord's prior written consent, which shall not be unreasonably withheld or delayed. Tenant's expenses of the Demised Premisessame shall be deducted from the proceeds of any such abatement or contest. Upon Tenant’s execution of If Landlord shall obtain any abatement, refund or rebate in real estate taxes or assessments theretofore paid by Tenant under this Lease, Landlord shall cause promptly forward to Tenant the Washington County Treasurer same, less the cost incurred by Landlord in obtaining the same. Nothing in this paragraph shall relieve Tenant of its obligation to issue real estate tax bills directly to the Tenantmake all payments required under this Section 4.2.1 and when required hereunder.

Appears in 1 contract

Samples: Thermo Vision Corp

Real Estate Taxes. For purposes of this Lease, “Real Estate Taxes” shall mean (Ai) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxestaxes and assessments, general or special assessmentsspecial, sewer and water charges and other charges imposed upon the Demised Premisesordinary or extraordinary, foreseen or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkageunforeseen, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be 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, including special district taxes such as transportation district taxes and similar special district taxes which may now or hereafter be imposed upon the Property, and (ii) all so-called business fees and taxes, gross receipts taxes, sales taxes on such property rent, or Demised Premises similar taxes levied or on Landlord imposed by any kind or nature of federal, state, county, municipal state or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from local government in connection with the federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures operation of real property or real property operations and imposed on owners of a commercial real estate generallyproject, then any except to the extent the statutory provisions enacting such levies and/or taxes expressly prohibit passing through the cost thereof to tenants under 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 all actual costs) paid by Landlord in good faith pursuant to the provisions of Section 11.4 of this Lease in obtaining or attempting to obtain a reduction of such taxes, rates or assessments, levies, charges including any legal fees and fees shall be included within costs incurred in connection with contesting or appealing the term Taxes, but only amounts or the imposition of any Real Estate Taxes (except to the extent previously reimbursed under Section 11.4 out of any tax refund received by Landlord). In the same are applicable event Real Estate Taxes (including special assessments) may be paid in installments, they shall be paid in such manner (and in such event Real Estate Taxes shall include such installments and interest paid on the unpaid balance of the assessment). The foregoing notwithstanding, Real Estate Taxes shall not include: (i) any franchise, corporation, income, receipts, inheritance, estate, revenue or net profits tax which may 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 of Landlord except to the Demised Premises. Upon extent caused by Tenant’s execution non-payment, or (iv) personal property taxes of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 1 contract

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

Real Estate Taxes. (A) In amplification but not in limitation of the foregoing, Tenant shall paycovenants and agrees to pay during the Term, as Additional Rentadditional rent, directly to the relevant taxing authoritywithout 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) real estate taxes, general including any late fees, penalties and interest for late payment thereof, (b) assessments (including, without limitation, assessments for public improvements or special assessmentsbenefits whether or not commenced or completed during the Term), sewer and (c) water charges and other charges and/or sewer rents, which may be assessed, levied, confirmed or imposed upon the Demised Premiseson or in respect of, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with be a lien upon, the provision Land and/or Building thereon of governmental services or improvements of benefit to which the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)demised premises are a part, and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)d) any tax assessment levied, assessed or imposed against the Demised Premises such Land and/or Building or the property rents or profits therefrom to the extent that the same shall be in lieu of which the Demised Premises are a part (including without limitation all or any personal property taxes levied on such property or on fixtures or equipment used in connection therewith)portion of any item hereinabove set forth. If, or upon Landlord by virtue of its ownership thereof (other than mechanics any application or other liens due to the acts proceeding brought by or in behalf 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 whole or any part of such ad valorem tax, there shall be assesseda reduction of the assessed valuation of the Land and/or Building containing the demised premises for any fiscal year which affects the Real Estate Taxes, levied or imposed on part thereof, for which additional rent has been paid by Tenant pursuant to this Article, such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect additional rent payment shall be recomputed on the Commencement Date) measured by or based in whole or in part upon Building rents or basis of any other incidentssuch reduction less any expenses, benefits or measures of real property or real property operations including but not limited to, reasonable attorney's fees and imposed on owners of real estate generallydisbursements, then any and all of such taxes, assessments, levies, charges and fees shall be included within and disbursements of experts, incurred by Landlord in connection with said application or proceeding and Landlord will credit against the term Taxes, but only to next accruing installments of rent due under this Lease or promptly reimburse Tenant after the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantExpiration Date.

Appears in 1 contract

Samples: Four Year Lease Agreement (Trans Lux Corp)

Real Estate Taxes. (A) Tenant shall pay, as Additional Rentadditional rent, directly all of the real estate taxes and installments of assessments (including interest thereon) attributable to the relevant taxing authorityland 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 are due and payable. Such amount shall be paid, upon demand, twenty (20) days in advance of the date they are due and payable. Partial years shall be equitably prorated. Landlord shall have the right, if Landlord’s future mortgagee so requires or if Tenant shall be in default with respect to any of the terms or conditions of this Lease, 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 right to appeal and axxxx the real estate taxes due and 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, general or special assessmentsafter first consulting with Landlord and receiving Landlord’s consent and approval, sewer Tenant shall have the right, at its own expense and water charges and other charges imposed upon the Demised Premisesin its own name, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 thatname, in lieu of or in addition to the whole or contest any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 taxes and seek to axxxx real estate taxes due and payable during any and all year of such taxes, assessments, levies, charges and fees shall be included within the term Taxesof this lease, 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 such 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 extent the same are applicable actual amount so determined, and Tenant shall be entitled to the Demised Premises. Upon Tenant’s execution an equitable a rebate from Landlord of this Lease, Landlord shall cause the Washington County Treasurer to issue any amount in excess of said reduced real estate tax bills directly to taxes and costs incurred in appealing or shall pay the Tenantincreased 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) Tenant shall paythe Property, as Additional (B) any Fixed Rent, directly to the relevant taxing authority, all real estate taxes, general Additional Rent or special assessments, sewer and water charges and other charges imposed upon the Demised Premisessum payable hereunder or (C) this Lease, or impositions the leasehold estate hereby created, or agreed payments which arise in lieu thereof respect of the leasing, operation, possession or voluntary payments made in connection with use of the provision of governmental services Property; (ii) all gross receipts or improvements of benefit to the Building similar taxes imposed or the Demised Premises levied upon, assessed against or measured by any Fixed Rent, Additional Rent or other sum payable hereunder; and (including iii) all sales, value added, use and similar taxes at any so-called linkagetime levied, impact assessed or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments payable on account of Taxesthe 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 is required to pay pursuant to this Section 4.2, or (b) if at any time during the Term of this Lease, the method of taxation shall be such that there shall be levied, assessed or imposed against the Demised Premises or the property of which the Demised Premises are on Landlord 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 capital levy or other liens due to tax directly on 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct rents received from the federal and state income Property and/or any tax in effect on the Commencement Date) or assessment measured by or based based, in whole or in part, upon such rents or measured in whole or in part upon Building by income from the Property (if in computing such 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 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 Property or any present or future improvement or improvements on the Property, in which case Tenant's Share of all such taxestaxes and assessments or the part thereof so measured or based ("Substitute Taxes"), assessments, levies, charges and fees shall be included within the term Taxespayable by Tenant, but only provided however, Tenant's obligation with respect to the extent the same are applicable aforesaid Substitute Taxes shall be limited to the Demised Premisesamount thereof as computed at the rates that would be payable if the Property were the only property of Landlord. Upon Tenant’s execution of this Lease, Landlord shall cause promptly furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises.

Appears in 1 contract

Samples: Specialty Catalog Corp

Real Estate Taxes. (A) A. Tenant shall pay, pay as Additional RentRent during the Term, directly upon demand from time to time by Landlord, the relevant taxing authority, all "Proportionate Share" (an hereinafter defined) of real estate taxes, general which may be made or special assessments, sewer and water charges and other charges imposed upon the Demised PremisesPremises ("Taxes"), other than income, franchise, gross receipts, corporation, capital levy, excess profits, revenue, inheritance, devolution, gift, estate, payroll or stamp tax, or impositions or agreed payments other tax not in lieu thereof of or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including as substitute for real estate tax; provided, however, that if any so-called linkage, impact or voluntary betterment payments), and all penalty 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 time during the Term the present system methods of ad valorem taxation of property prevailing at the Commencement Date shall be changed altered so that, in lieu of or in addition as to cause the whole or any part of such ad valorem taxthe Taxes to be imposed, there shall be assessedwholly or partly, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental as a capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct on the rents received from the federal and state income Premises or otherwise, or if any tax in effect on the Commencement Date) shall be measured by or based in whole or in part upon Building rents or any other incidents, benefits or measures the value of real property or real property operations the Premises and imposed on owners of real estate generally, then any and all of such taxes, assessments, levies, charges and fees shall be included within the term Taxesimposed upon Landlord, but only 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 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 same are applicable to Premises were the Demised Premisessole property of Landlord. Upon request of Tenant’s execution of this Lease, Landlord shall cause execute all documents necessary for, and will cooperate with Tenant with respect to, the Washington County Treasurer to issue real estate prosecution, in Landlord's name, of appeals of the tax bills directly to assessment against the TenantPremises, 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 shall incur no expense or obligation in connection with any such appeals.

Appears in 1 contract

Samples: Lease Agreement (Imagex Com Inc)

Real Estate Taxes. (A) Commencing on the Rent Commencement Date and continuing throughout the Term, Tenant shall paywill pay to Landlord, as Additional RentRent without deduction or setoff, directly to Txxxxx's Share of "Real Estate Taxes" (as hereinafter defined) as specified in this Section 2.7(a). Tenant's Share of Real Estate Taxes will be computed by multiplying the relevant taxing authoritytotal 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 copies 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), the phrase "Real Estate Taxes" will mean and include any and all governmental imposts, levies, fees, charges, taxes or assessments of every kind and nature whatsoever 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 unforeseen, including, without limitation, ad valorem taxes, rent taxes, water and sewer rents, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made governmental exactions arising in connection with the provision of governmental services use, occupancy or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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)possession of, or upon Landlord by virtue of its ownership thereof (other than mechanics or other liens growing 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 and payable out of or in addition to for the whole Project or any part of thereof 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 in seeking to prevent an increase in any such ad valorem taxtax(es); provided, there shall however, that the phrase "Real Estate Taxes" will not be assesseddeemed to include any inheritance, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federalestate, statesuccession, countytransfer, municipal or other governmental capital levy, income, salesgift, franchise, excise corporation, general income or similar tax, assessment, levy, charge profit tax or fee (as distinct from capital levy or special assessment against the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantProject for permanent public improvements.

Appears in 1 contract

Samples: Lease (Ra Medical Systems, Inc.)

Real Estate Taxes. (Aa) Tenant shall payGrantor, as Additional Rentwith respect to Grantor’s Property outside of the Generation Facilities Easement Area, directly and Grantee, with respect to the relevant taxing authorityGeneration Facilities and the Generation Facilities Easement Area, shall pay 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, general or special assessments, and, except for water and sewer and water charges and assessments, other charges governmental impositions and charges, taxes, rents, levies, and sums of every kind or nature whatsoever, extraordinary as well as ordinary, as shall at any time be imposed upon the Demised Premisesby any governmental or public authority on, or impositions or agreed payments become a lien in lieu thereof or voluntary payments made in connection with respect of, the provision of governmental services or improvements of benefit to the Building Grantor’s Property or the Demised Premises (including Generation Facilities or any so-called linkagepart thereof, impact or voluntary betterment payments)which may become due and payable with respect thereto, and any and all penalty taxes, assessments, and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)charges levied, assessed or imposed against the Demised Premises upon Grantor’s Property 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 Generation Facilities in connection therewith)lieu of, or upon Landlord in addition to, the foregoing, under or by virtue of its ownership thereof any present or future laws, rules, requirements, orders, directives, ordinances, or regulations of the United States of America, or of the State of ________ or of any subdivision thereof, or of any lawful governmental authority whatsoever, and any interest or penalties thereon, and (ii) all other than mechanics or other liens due to the acts of Landlord, its agents or contractors) allocable to the Term taxes (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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, incomeexcluding gains, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Datetaxes but including occupancy taxes which are measured by income) measured by ownership of Grantor’s Property or based in whole the Generation Facilities. Grantee shall pay and discharge all levies and assessments for water, water meter (including any expenses incident to the installation, repair, or in part upon Building rents or replacement of any other incidents, benefits or measures of real property or real property operations water meter) and imposed on owners of real estate generally, then any sewer and all of such taxes, assessments, levies, charges rents with respect to water and fees shall be included within the term Taxes, but only sewer which provide service to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantGeneration 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 pay, as Additional Rent, directly to the relevant taxing authority, all real estate property taxes, general or special assessmentsassessments that are assessed, sewer and water charges and other charges imposed upon the Demised Premiseslevied, or impositions imposed on the land, buildings, and/or other improvements comprising all or agreed payments in lieu thereof part of the Project, or voluntary payments made which are otherwise imposed in connection with the provision ownership, leasing, and operation of governmental services 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, assessments and reassessments of every kind and nature whatsoever levied or improvements assessed in lieu of benefit to or in substitution for existing or additional real or personal property taxes and assessments on the Building or the Demised Premises (Project, including any so-called linkage, impact or voluntary betterment payments)value-added tax, and all penalty (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 interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)nature for public improvements, assessed services, benefits or any other purposes which are assessed, levied, confirmed, imposed against or become a lien upon the Demised Premises or the property of which the Demised Premises Project or become payable during or 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 Term; further, Tenant shall reimburse Landlord receives any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) 30 days after Landlord’s receipt thereof. If during the Term the present system of ad valorem taxation of property shall demand for all taxes and assessments required to be changed so that, in lieu of or in addition paid by Landlord (except to the whole or any part of extent included in Real Estate Taxes by Landlord), when (a) such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) taxes are measured by or based reasonably attributable to the cost or value of (i) Tenant’s equipment, furniture, fixtures and other personal property located in whole the Premises, or in part upon Building rents (ii) the Tenant Work or any other incidentsleasehold improvements made in or to the Premises by or for Tenant, 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 included within the term Taxes, but only to the extent the same 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 regardless of whether title to such Tenant Work or improvements is vested in Tenant or Landlord; (b) such taxes are applicable assessed upon or with respect to the Demised 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. Upon TenantThe 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 execution 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 refund is made to Landlord, then provided no Event of Default exists under this Lease, 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 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 bonds or 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 Washington County Treasurer maximum period permitted by law. Nothing contained in this Lease shall require Tenant to issue real estate pay any capital stock, franchise, gift, estate, inheritance or succession transfer tax bills directly 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 Tenantapplicable governmental authority. Tenant hereby waives any and all rights to protest appraised values or to receive notice of reappraised values regarding the Project or other property of Landlord.

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant Real Estate Taxes shall paymean and include all general and special taxes, as Additional Rentassessments, directly 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 relevant taxing authorityextent 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, all real estate taxesvalidity, or the applicability of any Taxes mentioned in this Section. Further included in the definition of Taxes herein shall be general or and special assessments, sewer and water charges and license fees, commercial rental tax, levy, penalty or tax (other charges than inheritance or estate taxes) imposed upon by any authority having the Demised Premisesdirect 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 impositions or agreed payments in lieu thereof or voluntary payments made in connection with as against Lessor's business of leasing the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes), assessed or imposed against the Demised Leased Premises or the property 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 of which may or may not have been previously included within the Demised Premises are a part (including without limitation definition of Taxes. Further, if at 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 time during the Term of this Lease the present system method of ad valorem taxation or assessment of property real estate or the income therefrom prevailing at the time of execution hereof shall be changed be, or has been altered so that, in lieu of or in addition as to cause the whole or any part of such ad valorem taxthe Taxes now or hereafter levied, there shall be assessed, levied assessed or imposed on such property real estate to be levied, assessed or Demised Premises imposed upon Lessor, wholly or on Landlord any kind or nature of federalpartially, state, county, municipal or other governmental as a capital levy, income, sales, franchise, excise or similar business tax, assessmentfee, levypermit or other charge, charge or fee (as distinct from on or measured by the federal and state income tax in effect 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 Commencement Date) measured by or based land shall be deemed to be included within the term Real Estate Taxes for purposes of this Section, whether in whole substitution for, or in part upon Building rents or addition to any other incidentsReal Estate Taxes, benefits save and except that such shall not be deemed to include any enhancement of said tax attributable to other income of Lessor. With respect to any general or measures of real property special assessments which may be levied upon or real property operations against the Leased Premises, the Complex, or the underlying realty, or which may be evidenced by improvement or other bonds, and imposed on owners of real estate generallymay be paid in annual or semi-annual installments, then any and all only the amount of such taxesinstallment, assessmentsprorated for any partial year, levies, charges and fees statutory interest shall be included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution computation of this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the TenantTaxes for which Lessee is responsible hereunder.

Appears in 1 contract

Samples: Sputnik, Inc.

Real Estate Taxes. (A) Tenant As used herein shall pay, as Additional Rent, directly to the relevant taxing authority, mean all real estate taxes, general or special assessments, water and sewer and water rents or charges and other governmental impositions and charges imposed upon 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 Demised PremisesLease Term be assessed, imposed, become due and payable or be levied by the lawful taxing authorities against the land, buildings and all other improvements in the Industrial Center, or impositions liens upon or agreed payments in lieu thereof or voluntary payments made arising in connection with the provision of governmental services use or improvements of benefit to the Building occupancy or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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)possession of, or upon Landlord by virtue becoming due or payable out of its ownership or for, the Industrial Center or any part thereof (other than mechanics or any land, buildings or other liens due improvements therein, including all commercially reasonable costs and fees incurred by Landlord in contesting same or in negotiating with the appropriate governmental authorities as to same. Except as otherwise set forth in the acts 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 profit tax that is or may be imposed upon Landlord; provided, its agents or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquency. In the event that Landlord receives however, that, if at any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereof. If time during the Lease Term the present system methods of ad valorem taxation prevailing at the commencement of property the Lease Term shall be changed altered so that, that in lieu of or in addition to as a substitute for the whole or any part of such ad valorem taxthe taxes now levied, assessed or imposed, there shall be assessedlevied, levied assessed or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal an income or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 generallywhatever nature, then any and all of such taxes, assessments, levies, charges and fees the same shall be included within in the term Taxes, but only to the extent the same are applicable to the Demised Premisescomputation of Real Estate Taxes hereunder. Upon Tenant’s execution of As used in this Lease, the term "Tenant's Pro-rata Share of Complex Operating Costs" shall include any excise, transaction, sales or privilege tax hereafter imposed by any government or governmental agency upon Landlord on account of, attributed to, or measured by rent or other charges payable by Tenant, or levied by reason of the public parking made available by Landlord in the Industrial Center. Tenant shall cause not have the Washington County Treasurer right to issue real estate tax bills directly to contest the Tenantamount or application of any Real Estate Taxes with any governmental authority.

Appears in 1 contract

Samples: Lease Agreement (Immunomedics Inc)

Real Estate Taxes. (A) Tenant shall pay, as Additional Rent, directly pay to the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises Landlord within twenty (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 (520) days after Landlord’s receipt thereof. If 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 present system 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 ad valorem 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. 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 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 Lease, the method of taxation of property shall be changed so that, such that in lieu of or in addition to the whole or any part of such ad valorem tax, taxes now payable there shall be assessedlevied, levied assessed or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal a capital levy or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct tax directly on the rents received from the federal and state income Premises and/or any tax in effect on the Commencement Date) or assessment measured by or based based, in whole or in part, upon such rents or measured in whole or in part upon Building by income from the Premises (if in 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 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 Premises were the only property of Landlord, and, in any event, Tenant 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 any payment under this Section 4.2.1 which duplicates 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of payment which Tenant is making under this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenant.

Appears in 1 contract

Samples: Aspect Medical Systems Inc

Real Estate Taxes. (A) Tenant shall paypay to Landlord all taxes levied or ------------------ assessed by, as Additional Rent, directly or becoming payable to the relevant taxing authoritymunicipality or any governmental authority having jurisdiction of the Property, all real estate for or in respect of the Property or which may 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, general 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 special assessments, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made expenses in connection with the provision of governmental services such proceedings, shall cooperate with Tenant with respect to such proceedings so far as reasonably necessary. Any abatement or improvements of benefit reduction effected by such proceedings shall accrue to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), benefit of Xxxxxx and all penalty Landlord and interest thereon (if due such other parties as their interests may appear according 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 their respective contributions to the acts taxes involved in any such proceedings. Nothing contained in this Lease shall however, require Tenant to pay any franchise, corporate, estate, inheritance, succession, capital levy or transfer tax of Landlord, its agents or contractors) allocable to any income, profits or revenue tax or charge upon the Term (hereinafter “Taxes”) prior to delinquency. In the event rent payable by Tenant under this Lease, provided, however, that Landlord receives if, at any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) days after Landlord’s receipt thereof. If time during the Term term hereof, the present system of ad valorem taxation of real property shall be changed so that, that in lieu of of, or in addition to to, the whole or any part of such ad valorem tax, thereof there shall be assessed, levied or imposed on such property or Demised Premises or assessed on Landlord any kind a capital levy or nature of other tax on the Fixed Rent, Additional Rentals or other charges payable by Tenant hereunder, or if there shall be assessed on Landlord a federal, state, county, municipal municipal, or other governmental capital levy, local income, sales, franchise, excise or similar tax, assessment, levy, levy or charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or based based, in whole or in part part, upon Building rents the Fixed Rentals, Additional Rents or any other incidents, benefits or measures of real property or real property operations and imposed on owners of real estate generallycharges payable by Tenant hereunder, then any and all of such taxes, assessments, levieslevies or charges, charges and fees shall be included within the term Taxes, but only to the extent that the same are applicable would be payable if the Property were the only property of Landlord subject to same, and if the Demised Premises. Upon Tenant’s execution income from the Property were the only taxable income of Landlord during the year in question, shall be deemed to be included in the taxes to be paid by Tenant pursuant to this Lease, Landlord shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantsubsection 4.2.1.

Appears in 1 contract

Samples: Commencement Date Agreement (Averstar Inc)

Real Estate Taxes. Real Estate Taxes" shall be defined as including the following items: (Ai) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate taxes; (ii) assessments levied, general or special assessmentsassessed, sewer and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes), assessed or imposed against the Demised Premises such land and/or buildings or the property of which the Demised Premises are a part (including without limitation any personal property taxes levied on such property rents 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 profits therefrom to the acts of Landlord, its agents or contractors) allocable to the Term (hereinafter “Taxes”) prior to delinquency. In the event extent 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 whole all or any part portion of such ad valorem taxany items hereinabove set forth, there shall be assessedand (iii) all water and sewer rents, levied charges, taxes, and frontage assessed or imposed on such property or Demised Premises or on Landlord imposed. If due to a change in the method of taxation, any kind or nature of federal, state, county, municipal or other governmental capital levyfranchise, income, salesprofit, franchise, excise or similar other tax, assessmenthowever designated, levy, charge or fee (as distinct from shall be levied against Lessor's interest in the federal and state income tax in effect on the Commencement Date) measured by or based property in whole or in part upon Building rents for or in lieu of any other incidentstax which would otherwise constitute Real Estate Taxes, 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 taxes shall be included within in the term "Real Estate Taxes" for purposes hereof. All such payments shall be approximately prorated for any partial calendar years in which the term of this Lease shall commence or expire. A copy of the tax xxxx shall 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, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution and provided that Lessee is not in default in payment of rent or additional rent due under this Lease, Landlord 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 increases in Real Estate Taxes for which the Lessor requests payment from Lessee, Lessor shall cause also furnish (i) a copy of the Washington County Treasurer to issue real estate current tax bills directly to the Tenant.xxxx,

Appears in 1 contract

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

Real Estate Taxes. (A) Tenant shall pay, pay to Landlord as Additional RentRent Tenant's Prorata Share (or, directly to Tenaxx'x Xroportionate Share in the relevant taxing authority, all real estate taxes, general or special assessments, sewer and water charges and other charges imposed upon event there is more than one Building in the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision Center) of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes), assessed or imposed Real Estate Taxes levied against the Demised Premises or the property of which the Demised Premises are a part Center. "Real Estate Taxes" shall mean: (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 contractorsa) 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 all ad valorem taxation of property shall be changed so thatReal Estate Taxes on the Center (adjusted after protest or litigation, in lieu of or in addition to the whole or if any) for any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 included within the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord exclusive of penalties; (b) any taxes which shall cause the Washington County Treasurer to issue real estate tax bills directly be levied in lieu of any such ad valorem Real Estate Taxes; (c) any special assessments for benefits on or to the Center paid in annual installments by Landlord; (d) occupational 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. If the Lease Term shall end during a tax year ("tax year" shall mean the annual period for which Real Estate Taxes are assessed and levied) of which only part is included in the Lease Term, the amount of such Additional Rent shall be 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 the Premises.

Appears in 1 contract

Samples: Lease (Granite Financial Inc)

Real Estate Taxes. (A) Tenant shall paypay to Landlord, as Additional Rent, directly to the relevant taxing real estate taxes and assessments ("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, all real estate including any taxes, general or special assessments, sewer and water charges and other charges imposed upon the Demised Premisessurcharges, or impositions service or agreed payments other fees of a nature not presently in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 effect which the Demised Premises are a part (including without limitation any personal property taxes shall hereafter be levied on such property the Project as a result of the use, ownership or on fixtures operation of the Project or equipment used in connection therewith)for any other reason, 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, 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 whole rentals of the Building shall be determined as if the Building were Landlord's only property and provided further, 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 part of such ad valorem Real Estate Taxes. Assessments shall include any and all so-called special assessments, license tax, there shall be assessedbusiness license fee, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar business license tax, assessmentcommercial rental tax, levy, charge or fee (as distinct from tax imposed by any authority having the direct power to tax, including any city, county, state or federal and state income tax in effect on the Commencement Date) measured by or based in whole or in part upon Building rents government, or any school, agricultural, lighting, water, drainage other incidentsimprovement or special district thereof, benefits against the Project, or measures any part thereof, or against any legal or equitable interest 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 included within Landlord therein. For the term Taxes, but only to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution purposes of this Lease, any special assessment shall be deemed payable in such number of installments as if actually paid. Landlord shall cause give Tenant written notice of the Washington County Treasurer to issue real estate tax bills directly 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 pay to Landlord in the same manner as the Common Area Expenses described in Paragraph 6(g). This Real Estate Tax impound shall be reconciled on an annual basis.

Appears in 1 contract

Samples: Turnstone Systems Inc

Real Estate Taxes. (A) A. Tenant shall pay, as Additional RentRent during the Term, directly upon demand from time to time by Landlord and together with the relevant taxing authoritynext payment of Basic Rent due after such demand (or within ten (10) days of demand if the Term is about to expire or this Lease otherwise about to terminate after the making of such demand), Tenant's Proportionate Share (as defined below) of all real estate taxes, general or special assessments, sewer and water charges assessments and other charges and levies which may be made or imposed upon the Demised PremisesLandlord's Tract, other than income, franchise, gross receipts, corporation, capital levy, excess profits, revenue, inheritance, gift, estate, payroll or stamp tax, or impositions or agreed payments other tax not in lieu thereof of or voluntary payments made in connection with the provision of governmental services as substitute for real estate tax or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to Tenant’s charges stemming from Landlord's failure to make timely payments on account of Taxes)pay taxes as due; provided, assessed or imposed against the Demised Premises or the property of which the Demised Premises are a part (including without limitation however, that if 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 time during the Term the present system methods of ad valorem taxation of property prevailing at the Commencement Date shall be changed altered so that, in lieu of or in addition as to cause the whole or any part of such ad valorem taxthe taxes, there shall assessments and other charges and levies referred to hereinabove in this Section to be assessedimposed, levied wholly or imposed on such property or Demised Premises or on Landlord any kind or nature of federalpartly, state, county, municipal or other governmental as a capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) rents received from Landlord's Tract or otherwise, or if any tax shall be measured by or based in whole or in part upon Building rents or any the value of Landlord's Tract and shall be imposed upon Landlord, then, to the extent that such other incidentstax is a substitute for, benefits or measures of real property or real property operations and imposed on owners of is enacted in lieu of, existing real estate generallytax, then any and as described above, Tenant shall be responsible for payment, as Additional Rent, of all of such taxes, assessments, levieslevies or charges. The maximum obligation of Tenant, charges and fees however, shall be included within achieved by computing such tax as if the term Taxes, but only to Premises shall be the extent the same are applicable to the Demised Premisessole property of Landlord. Upon request of Tenant’s execution of this Lease, Landlord shall cause execute all documents necessary for, and will cooperate with Tenant with respect to, the Washington County Treasurer to issue real estate prosecution, in Landlord's name, of appeals of the tax bills assessment against Landlord's Tract, provided that no such appeal shall be prosecuted if the prosecution thereof would, in Landlord's reasonable judgment, jeopardize Landlord's ownership of the Premises or create any lien or encumbrance thereon, and further provided that Landlord shall incur no expense or obligation in connection with any such appeals. If payments are made by Tenant directly to the Tenanttaxing authority or authorities, Tenant shall submit to Landlord, within ten (10) days after the due date from time to time, evidence of payment. Landlord shall provide Tenant with proof of payment of real estate taxes within a reasonable period of time, if requested.

Appears in 1 contract

Samples: Lease Agreement (Barringer Technologies Inc)

Real Estate Taxes. (A) Tenant shall paypay all real estate taxes and other impositions for the Premises, as Additional Rentincluding any fees in lieu of taxes, both general and special, 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 directly to the relevant taxing authorityauthority including any fine, penalty, interest or cost that may be added thereto for non-payment thereof. Real estate taxes and other impositions shall mean all real estate ad valorem taxes, general or special assessments, sewer water and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) measured by or 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 sanitary taxes, assessments, leviesliens, licenses and permit fees or any other taxes imposed, assessed or levied against the Premises, and all other 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 may be created, assessed, confirmed, adjudged, imposed or charged upon or with respect to the Premises or any improvements made thereto, or on any part of the foregoing or any appurtenances thereto, or directly upon this Lease or the rent payable hereunder or amounts payable by any 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 authority, or under 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 and fees shall be included within the term Taxesmade on local or general improvements or any governmental or public power or authority whatsoever, but only to the extent the same are applicable to the Demised Premisesexcluding income, franchise, capital gains, and estate and gift taxes. Upon Tenant’s execution of this Lease, Landlord shall cause the Washington County Treasurer to issue file real estate tax bills directly to the appeals at Tenant’s request.

Appears in 1 contract

Samples: Lease (Arotech Corp)

Real Estate Taxes. Real Estate Taxes shall be defined as (Ai) Tenant shall pay, as Additional Rent, directly to the relevant taxing authority, all real estate property taxes, general or special assessmentsassessments that are assessed, sewer and water charges and other charges imposed upon the Demised Premiseslevied, or impositions imposed on the land, buildings, and/or other improvements comprising all or agreed payments in lieu thereof part of the Project, or voluntary payments made which are otherwise imposed in connection with the provision ownership, leasing, and operation of governmental services 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, assessments and reassessments of every kind and nature whatsoever levied or improvements assessed in lieu of benefit to or in substitution for existing or additional real or personal property taxes and assessments on the Building or the Demised Premises (Project, including any so-called linkage, impact or voluntary betterment payments)value-added tax, and all penalty (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 interest thereon (if due to Tenant’s failure to make timely payments on account of Taxes)nature for public improvements, assessed services, benefits or any other purposes which are assessed, levied, confirmed, imposed against or become a lien upon the Demised Premises or the property of which the Demised Premises Project or become payable during or 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 Term; further, Tenant shall reimburse Landlord receives any xxxx for Taxes, Landlord will provide the same to Tenant by overnight delivery within five (5) 30 days after Landlord’s receipt thereof. If during the Term the present system of ad valorem taxation of property shall demand for all taxes and assessments required to be changed so that, in lieu of or in addition paid by Landlord (except to the whole or any part of extent included in Real Estate Taxes by Landlord), when (a) such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from the federal and state income tax in effect on the Commencement Date) taxes are measured by or based reasonably attributable to the cost or value of (i) Tenant’s equipment, furniture, fixtures and other personal property located in whole the Premises, or in part upon Building rents (ii) the Tenant Work or any other incidentsleasehold improvements made in or to the Premises by or for Tenant, 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 included within the term Taxes, but only to the extent the same 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 regardless of whether title to such Tenant Work or improvements is vested in Tenant or Landlord; (b) such taxes are applicable assessed upon or with respect to the Demised 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. Upon Tenant’s execution 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 refund is made to Landlord, then provided no Event of Default exists under this Lease, 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 bonds or 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 Washington County Treasurer maximum period permitted by law. Nothing contained in this Lease shall require Tenant to issue real estate pay any franchise, gift, estate, inheritance, succession or transfer tax bills directly of Landlord, or any income, profits or revenue tax or charge, upon the net income of Landlord from all sources. Tenant hereby waives any and all rights to protest appraised values or to receive notice of reappraised values regarding the TenantProject or other property of Landlord.

Appears in 1 contract

Samples: Office Lease (Zscaler, Inc.)

Real Estate Taxes. (A) Tenant In addition to all rentals herein reserved, Lessee shall pay, as Additional Rent, directly pay to the relevant taxing authority, all Lessor annual real estate taxes, general or special assessments, sewer and water charges and other charges imposed taxes levied upon the Demised Premisesdemised 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, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with its discretion, may determine the provision amount of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments), and all penalty and interest thereon (if due to TenantLessee’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 delinquencyestimated tax obligation. In the event that Landlord receives any xxxx for Taxesthe demised premises are not separately assessed, 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 applicable taxes and assessments shall be changed so that, in lieu determined by the ratio that the square footage of or in addition the demised premises bears to the whole 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 any part of such ad valorem tax, there ends shall be assessedapportioned and adjusted. With respect to any assessment which may be levied against or upon the demised premises and which, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federalunder the laws then in force, state, county, municipal may be evidenced by improvement or other governmental capital levybonds payable in annual installments, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct from only the federal and state income tax in effect annual payments on the Commencement Date) measured by or 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 said assessment shall be included within 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 term Taxesreal property and permanent improvements constituting the demised premises, and all assessments levied against said demised premises, but only 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 cost and expense, to the extent the same are applicable to the Demised Premises. Upon Tenant’s execution of this Lease, Landlord protest any taxes and Lessor shall cause the Washington County Treasurer to issue real estate tax bills directly to the Tenantcooperate with Lessee.

Appears in 1 contract

Samples: Lease (Sten 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 pay, pay as Additional Rent, directly to the relevant taxing authority, Landlord: all real estate taxes, general assessments (special or special assessmentsotherwise), levies, fees, water and sewer rents and water charges and other charges imposed upon the Demised Premises, or impositions or agreed payments in lieu thereof or voluntary payments made in connection with the provision of governmental services or improvements of benefit to the Building or the Demised Premises (including any so-called linkage, impact or voluntary betterment payments)charges, and all penalty other government levies and charges, general and special, ordinary and extraordinary, forseen and unforseen, which are, at any time during the Term hereof, imposed or levied upon or assessed against (A) the Project, (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 to 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"). Betterment assessments and interest thereon shall be apportioned equally over the longest period permitted by 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 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 Project and Landlord will cooperate generally with Tenant in so doing. 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 is required to pay pursuant to this Section 4.2.1, or (b) if due to Tenant’s failure to make timely payments on account at any time during the term of Taxes)this Lease, the method of taxation shall be such that there shall be levied, assessed or imposed against the Demised Premises or the property of which the Demised Premises are on Landlord 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 capital levy or other liens due to tax directly on 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 whole or any part of such ad valorem tax, there shall be assessed, levied or imposed on such property or Demised Premises or on Landlord any kind or nature of federal, state, county, municipal or other governmental capital levy, income, sales, franchise, excise or similar tax, assessment, levy, charge or fee (as distinct rents received from the federal and state income Premises and/or any tax in effect on the Commencement Date) or assessment measured by or based based, in whole or in part, upon such rents or measured in whole or in part by income from the Premises, or upon Building rents the value of the Premises or any other incidents, benefits present or measures of real property future improvement or real property operations and imposed improvements on owners of real estate generallythe Premises, then any all such taxes and all of such taxesassessments or the part thereof so measured or based ("Substitute Taxes"), assessments, levies, charges and fees shall be included within the term Taxespayable by Tenant, but only Tenant's obligation with respect to the extent the same are applicable aforesaid Substitute Taxes shall be limited to the Demised Premisesamount thereof as computed at the rates that would be payable if the Premises were the only property of Landlord. Upon Tenant’s execution of this Lease, Landlord shall cause promptly furnish to Tenant a copy of any notice of any public, special or betterment assessment received by Landlord concerning the Washington County Treasurer to issue real estate tax bills directly to the TenantPremises.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

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