Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 4 contracts
Samples: Tenant Improvement Agreement (ALPHA & OMEGA SEMICONDUCTOR LTD), Lease (Tegal Corp /De/), Sublease Agreement (Meru Networks Inc)
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 2 contracts
Samples: Acceptance Agreement (Oplink Communications Inc), All American Semiconductor Inc
Real Property Taxes Defined. The term “Real Property Taxes” as used herein shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, improvements and any increases resulting from reassessments resulting from a caused by any change in ownership, new construction, or any other cause), ) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of of, all or any portion of the Project Leased Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, ; any improvements located within the Leased Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, Leased Premises; or rentals from the Project, or the use of parking areas, public utilities, or energy within the ProjectLeased Premises; and (ii) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the ProjectLeased Premises. If at any time during the Lease Term the method of taxation or assessment of the Project Leased Premises prevailing as of the Effective Commencement Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i1) on the value, use or occupancy of the Project Leased Premises or Landlord’s interest therein, therein or (ii2) on or measured by the gross receipts, income or rentals from the ProjectLeased Premises, on Landlord’s business of leasing the ProjectLeased Premises, or computed in any manner with respect to the operation of the ProjectLeased Premises, then any such alternate or additional tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectLeased Premises, then only that part of such Real Property Tax that is fairly allocable to the Project Leased Premises shall be included within the meaning of the term “Real Property Taxes”. .” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 2 contracts
Samples: Default and Remedies (Thermadyne Australia Pty Ltd.), Lease (Thermadyne Australia Pty Ltd.)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the ProjectPremises, the gross receipts, income, or rentals from the ProjectPremises, or the use of parking areas, public utilities, or energy within the ProjectPremises, or Landlord’s business of leasing the ProjectPremises. If at any time during the Lease Term the method of taxation or assessment of the Project Premises prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project Premises or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the ProjectPremises, on Landlord’s business of leasing the ProjectPremises, or computed in any manner with respect to the operation of the ProjectPremises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectPremises, then only that part of such Real Property Tax that is fairly allocable to the Project Premises shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the any federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 2 contracts
Samples: Sublease Agreement, Lease Agreement
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. With respect to any special assessments which may be levied as part of the Real Property Taxes and which may be payable in installments over a period of time, only the amount of the installments due each year shall be included in the Real Property Taxes charged to Tenant, whether or not Landlord elects to pay in installments, provided that Landlord has the option of paying said assessment in installments over a period of time.
Appears in 2 contracts
Samples: Lease (Neophotonics Corp), Lease (Neophotonics Corp)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. The parties acknowledged that Proposition 13 was adopted by the voters of the State of California in the June 1978 election (“Proposition 13”) and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, refuse removal and for other governmental services formerly provided without charge to property owners or occupants, and, in further recognition of the decrease in the level and quality of governmental services and amenities as a result of Proposition 13, Real Property Taxes shall also include any governmental or private assessments or the Project’s contribution towards a governmental or private cost-sharing agreement for the purpose of augmenting or improving the quality of services and amenities normally provided by governmental agencies. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. If the parcel containing the Building contains other buildings on such parcel. In such event and if the Building and the buildings and improvements are currently included in the same tax xxxx and contain different size and types of improvements, Landlord shall have the right to allocate the Taxes to each such building in accordance with Landlord’s reasonable accounting and management principles.
Appears in 2 contracts
Samples: Acceptance Agreement (Miramar Labs, Inc.), Acceptance Agreement (Miramar Labs, Inc.)
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments or resulting from a change in ownership, new construction, ownership or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of of, all or any portion of the Project Property (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the ProjectProperty, the gross receipts, income, or rentals from the ProjectProperty, or the use of parking areas, public utilities, or energy within the ProjectProperty, (ii) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the ProjectProperty (excluding costs and expenses for which Landlord is responsible pursuant to subparagraph 7.2F), and (iii) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the Lease Term the method of taxation or assessment of the Project Property prevailing as of the Effective Commencement Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.or
Appears in 2 contracts
Samples: United Defense Lp, United Defense Lp
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (a) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay for any existing or future general or special assessments for public improvements, services services, or benefits, benefits and any increases resulting from reassessments resulting from a change in ownershipreassessments, new construction, or any other causechange in ownership or valuation), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to (i) the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter hereinafter be constructed, altered, altered or otherwise changed), (ii) or Landlord’s interest therein, the fixtures, equipment equipment, and other real or personal property of Landlord, real or personal, Landlord that are an integral part of and located on the ProjectProperty, (iii) the gross receipts, income, or and rentals from the ProjectProperty, or (iv) the use of parking areas, public utilities, or energy within the ProjectProperty; (b) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the ProjectProperty; (c) any excise, transaction, sales, privilege or other tax now or hereafter imposed upon Landlord as a result of and leases for any portion of the Property; and (d) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date Property shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternate, substitute, or additional tax or charge (ia) on the value, use or occupancy of the Project or Landlord’s interest thereinProperty, or (iib) on or measured by the gross receipts, income income, or rentals from the ProjectProperty, or on Landlord’s 's business of leasing the ProjectProperty, or (c) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectProperty, then only that part of such Real Property Tax that is fairly allocable to the Project Property shall be included within the meaning of the term “"Real Property Taxes”. ." Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 2 contracts
Samples: Lease Agreement (Knightscope, Inc.), Lease Agreement (Knightscope, Inc.)
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (a) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause)unforeseen, now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to to; (1) the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter hereinafter be constructed, altered, or otherwise changed), (2) or Landlord’s interest therein, the fixtures, equipment equipment, and other real or personal property of Landlord, real or personal, Landlord that are an integral part of and located on the ProjectProperty, (3) the gross receipts, income, or and rentals from the ProjectProperty, or (4) the use of parking areasthe Outside Areas, Common Areas, public utilities, or energy within the ProjectProperty; (b) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the Projectproperty; (c) new excise, transaction, sales, privilege or other taxes now or hereafter imposed upon Landlord as a result of this Lease; and (d) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Taxes and in negotiating with public authorities as to any Real Property Taxes. If at any time during the Lease Term term the method of taxation or assessment of the Project property prevailing as of the Effective Commencement Date shall be altered so that in lieu of or in addition to any Real Property Tax Taxes described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternate, substitute, or additional tax or charge (ia) on the value, use or occupancy of the Project or Landlord’s interest thereinproperty, or (iib) on or measured by the gross receipts, income income, or rentals from the Projectproperty, or on Landlord’s 's business of leasing the ProjectProperty, or (c) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this the Lease. If any Real Property Tax is based upon property or rents unrelated to the Projectproperty, then only that part of such Real Property Tax that is fairly allocable to the Project property as determined by Landlord shall be included within the meaning of the term “"Real Property Taxes”. ." Notwithstanding the foregoing, the term “"Real Property property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources, for any similar or replacement tax or assessment or resulting from the improvement of any of the Building or the Property for the sole use of other occupants.
Appears in 1 contract
Samples: Adept Technology Inc
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from form reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Projectproject, the gross receipts, income, or rentals from the Projectproject, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s landlord's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project project prevailing as of the Effective Date date shall be altered so that in lieu of or in addition to any Real Property Tax property tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s landlord's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Projectproject, on Landlord’s landlord's business of leasing the Projectproject, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for the purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Samples: Sublease Agreement (Tivo Inc)
Real Property Taxes Defined. The term “Real Property Taxes” or “Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include (i) estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal federal, state or state local net income tax imposed on Landlord’s income from all sources, (ii) any federal, state or local sales or transfer tax (but increases in Real Property Taxes due to a change in ownership will be included) , (iii) penalties and interest, other than those attributable to Tenant’s failure to comply timely with its obligations pursuant to this Lease, and (iv) taxes or assessments in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest possible applicable permitted term.
Appears in 1 contract
Samples: Lease (Concentric Medical Inc)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, Project or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 1 contract
Samples: Acceptance Agreement (Sirf Technology Holdings Inc)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 1 contract
Samples: Lease (COUPONS.com Inc)
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources, or any tax or assessment expense or any increase therein (i) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest possible term; and (ii) imposed on land and improvements other than the Project.
Appears in 1 contract
Real Property Taxes Defined. The term “Real Property Taxesreal property taxes” as used herein shall mean all taxes, assessments, levies, levies and other charges of any kind or nature whatsoevercharges, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause)unforeseen, now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to the to: (i) value, occupancy occupancy, use or use of all or any portion possession of the Project Premises and/or the Improvements; (as now constructed or as may at ii) any time hereafter be constructedimprovements, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other real or personal property of Landlord, real or personal, Lessee that are an integral part of and located on the ProjectPremises; or, the gross receipts, income, or rentals from the Project, or the (iii) use of parking areasthe Premises, Improvements public utilities, utilities or energy within the ProjectPremises. The term “real property taxes” shall also mean all charges, levies or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or fees imposed (whether by reason of a change in environmental regulation or other governmental control of the method of taxation premises and/or the Improvements, new or altered excise, transaction, sales, privilege, assessment, creation or other taxes or charges now or hereafter imposed upon City as a result of a new this Lease, and all costs and fees (including attorneys’ fees) incurred by City in contesting any real property taxes and in negotiating with public authorities as to any real property taxes affecting the Premises. If any real property taxes are based upon property or rents unrelated to the Premises and/or the Improvements, then only that part of such tax or chargethat is fairly allocable to the Premises and/or the Improvements, or any other cause) an alternate or additional tax or charge (i) as determined by City, on the value, use or occupancy basis of the Project assessor’s worksheets or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designatedother available information, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon real property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxestaxes.”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 1 contract
Samples: Lease Agreement
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental quasigovernmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Samples: Acceptance Agreement (Bookham, Inc.)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, utilities or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term Term, the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (ia) on the value, use or occupancy of the Project or Landlord’s interest therein, or (iib) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources, or any fine, penalty or interest imposed solely by reason of Landlord’s failure to timely pay any taxes (unless Landlord’s failure is due to Tenant’s default hereunder or as a result of Landlord’s contesting such taxes in good faith).
Appears in 1 contract
Samples: Lease (Jive Software, Inc.)
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.. ARTICLE 9
Appears in 1 contract
Samples: Lease (Proxim Wireless Corp)
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part xxx of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”. ." Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.:
Appears in 1 contract
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. The parties acknowledged that Proposition 13 was adopted by the voters of the State of California in the June 1978 election (“Proposition 13”) and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, refuse removal and for other governmental services formerly provided without charge to property owners or occupants, and, in further recognition of the decrease in the level and quality of governmental services and amenities as a result of Proposition 13, Real Property Taxes shall also include any governmental or private assessments or the Project's contribution towards a governmental or private cost-sharing agreement for the purpose of augmenting or improving the quality of services and amenities normally provided by governmental agencies. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. If the parcel containing the Building is a separate tax parcel that also contains other buildings on such parcel, and if the Building and the other buildings and improvements are currently included in the same tax bill and contain different size and types of improvements, Landlord shall have the right to allocate the Taxes to each such building in accordance with Landlord’s reasonable accounting and management principles.
Appears in 1 contract
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments or resulting from a change in ownership, new construction, ownership or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of of, all or any portion of the Project Property (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the ProjectProperty, the gross receipts, income, or rentals from the ProjectProperty, or the use of parking areas, public utilities, or energy within the ProjectProperty, (ii) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the ProjectProperty (excluding costs and expenses for which Landlord is responsible pursuant to subparagraph 7.2F), and (iii) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the Lease Term the method of taxation or assessment of the Project Property prevailing as of the Effective Commencement Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest thereinProperty, or (ii) on or measured by the gross receipts, income income, or rentals from the ProjectProperty, (iii) on Landlord’s 's business of leasing the ProjectProperty, or (iv) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectProperty, then only that part of such Real Property Tax that is fairly allocable to the Project Property shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Samples: Lease (United Defense Lp)
Real Property Taxes Defined. The term “Real Property Taxes” as used herein shall mean (a) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay for any existing or future general or special assessments for public improvements, services services, or benefits, benefits and any increases resulting from reassessments resulting from a change in ownershipreassessments, new construction, or any other causechange in valuation), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to (i) the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter hereinafter be constructed, altered, altered or otherwise changed), (ii) or Landlord’s interest therein, the fixtures, equipment equipment, and other real or personal property of Landlord, real or personal, Landlord that are an integral part of and located on the ProjectProperty, (iii) the gross receipts, income, or and rentals from the ProjectProperty, or (iv) the use of parking areas, public utilities, or energy within the ProjectProperty; (b) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the ProjectProperty; (c) any excise, transaction, sales, privilege or other tax now or hereafter imposed upon Landlord as a result of any leases for any portion of the Property; (d) all costs and fees (including attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax; and (e) all assessments charged by any property owners’ associations established with respect to the Leased Premises or otherwise levied against the Leased Premises pursuant to the Private Restrictions. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date Property shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternate, substitute, or additional tax or charge (ia) on the value, use or occupancy of the Project or Landlord’s interest thereinProperty, or (iib) on or measured by the gross receipts, income income, or rentals from the ProjectProperty, or on Landlord’s business of leasing the ProjectProperty, or (c) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectProperty, then only that part of such Real Property Tax that is fairly allocable to the Project Property shall be included within the meaning of the term “Real Property Taxes”. .” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 1 contract
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, improvements and any increases resulting from reassessments resulting from a caused by any change in ownership, ownership or new construction, or any other cause), ) now or hereafter imposed by any governmental or quasi-quasi- governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to to, the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the ProjectProperty, the gross receipts, income, or rentals from the ProjectProperty, (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the use of parking areas, Property; and (iii) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public utilities, or energy within the Project, or Landlord’s business of leasing the Projectauthorities as to any Real Property Tax. If at any time during the Lease Term the method of taxation or assessment of the Project Property prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternate, substitute, or additional tax or charge (i) on the value, use or occupancy of the Project Property or Landlord’s 's interest thereintherein or, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.the
Appears in 1 contract
Samples: Bam Entertainment Inc
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), but subject to reduction for successful appeals or contests of such Real Property Taxes, now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. Tenant specifically reserves the right, but not the obligation, to contest by appropriate legal proceedings the amount or validity of any taxes.
Appears in 1 contract
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, excise, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources. In calculating Tenant's Share of Real Property Taxes, Landlord shall assume all Real Property Taxes are to be paid in installments over the maximum permitted period.
Appears in 1 contract
Samples: Caliper Technologies Corp
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay for any existing or future general or special assessments for public improvements, services services, or benefits, benefits and any increases resulting from reassessments resulting from a caused by any change in ownership, new construction, or any other causechange in valuation), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, assessments which are levied or assessed against, against or with respect to (a) the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter hereinafter be constructed, altered, or otherwise changed), (b) or Landlord’s interest therein, the fixtures, equipment and other real or personal property of Landlord, real or personal, Landlord that are an integral part of and located on the ProjectProperty, (c) the gross receipts, income, or income and rentals from the ProjectProperty, or (d) the use of parking areasthe Common Areas, public utilities, utilities or energy within the ProjectProperty, (ii) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the ProjectProperty, (iii) any excise, transaction, sales, privilege or other tax now or hereafter imposed upon Landlord as a result of this Lease, and (iv) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the Lease Term the method of taxation or assessment of the Project Property prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternative, substitute or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest thereinProperty, or (ii) on or measured by the gross receipts, income or rentals from the ProjectProperty, or on Landlord’s 's business of leasing the ProjectProperty, or (iii) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectProperty, then only that part of such Real Property Tax that is fairly allocable to the Project Property shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Samples: Healthetech Inc
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. The parties acknowledged that Proposition 13 was adopted by the voters of the State of California in the June 1978 election (“Proposition 13”) and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, refuse removal and for other governmental services formerly provided without charge to property owners or occupants, and, in further recognition of the decrease in the level and quality of governmental services and amenities as a result of Proposition 13, Real Property Taxes shall also include any governmental or private assessments or the Project’s contribution towards a governmental or private cost-sharing agreement for the purpose of augmenting or improving the quality of services and amenities normally provided by governmental agencies. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes. Notwithstanding anything to the contrary set forth herein, in the event that any assessment or Real Property Taxes may be payable in installments over a period in excess of one (1) year, Tenant’s share of Real Property Taxes shall be determined as if Landlord had elected to pay the charge in the permitted maximum number of installments (including any costs and fees in connection therewith), and Tenant shall be responsible only for those installments or parts of installments which would be attributable to the Lease Term. Any costs and expenses (including, without limitation, reasonable attorneys’ and consultants’ fees) reasonably incurred in attempting to protest, reduce or minimize Tax Expenses (a “Tax Appeal”) shall be included in Real Property Taxes in the year such expenses are incurred. Tax refunds shall be credited against Real Property Taxes and refunded to Tenant regardless of when received, based on the year to which the refund is applicable, provided that in no event shall the amount to be refunded to Tenant for any such year exceed the total amount paid by Tenant as Additional Rent under this Article 8 for such year. If Real Property Taxes for any period during the Lease Term or any extension thereof are increased after payment thereof for any reason, including, without limitation, error or reassessment by applicable governmental or municipal authorities, Tenant shall pay Landlord upon demand Tenant’s Share of any such increased Real Property Taxes included by Landlord as Operating Expenses pursuant to the terms of this Lease. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include (a) estate, inheritance, succession, transfer, gift or franchise taxes of Landlord or the Landlord, (b) any federal or state net income tax imposed on Landlord’s income from all sources; (c) any real estate taxes related to any period of time prior to the Commencement Date; (d) any liens or levies to the extent related to Hazardous Materials on the Project that were not caused or introduced onto the Project by Tenant or any of Tenant’s Agents; or (e) any interest, fines or penalties payable due to the failure of Landlord to pay Real Property Taxes in a timely manner (unless such interest, fines and penalties are caused by Tenant’s failure to pay its share of Real Property Taxes as they become due, in which event Tenant shall be solely responsible for such costs). Notwithstanding the foregoing, while Landlord shall not be obligated to file any application or institute any proceeding seeking a reduction in Real Property Taxes, in the event that Landlord elects to file a Proposition 8 application seeking a temporary reduction in Real Property Taxes with respect to any building in the Project, Landlord shall include the Building in such application (or shall make a separate such application relating thereto). If Landlord does not initiate within sixty (60) days after written request by Tenant and thereafter diligently pursue a Tax Appeal, Tenant shall have the right to do so and if Tenant’s Tax Appeal results in a refund or reduction of such Real Property Taxes, then within thirty (30) days after Landlord’s receipt of the refund, Landlord shall refund to Tenant all costs and expenses incurred by Tenant (to the extent the refund exceeds such costs and expenses) and Tenant’s Share of the remaining amount of such abatement or refund shall be applied by Landlord as a credit against Rent next becoming due. The parcel containing the Building may be a separate tax parcel that may also contain other buildings on such parcel. In such event and if the Building and the buildings and improvements are currently included in the same tax xxxx and contain different size and types of improvements, Landlord shall have the right to equitably allocate the Taxes to each such building in accordance with Landlord’s reasonable accounting and management principles.
Appears in 1 contract
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources. With respect to any special assessments which may be levied as part of the Real Property Taxes and which may be payable in installments over a period of time, only the amount of the installments due each year shall be included in the Real Property Taxes charged to Tenant, whether or not Landlord elects to pay in installments, provided that Landlord has the option of paying said assessment in installments over a period of time.
Appears in 1 contract
Samples: Adac Laboratories
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructedconstrued, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or a measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designateddesigned, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources. See First Addendum To Lease Paragraph 10.
Appears in 1 contract
Samples: Lease (Clarify Inc)
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all a or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, charge or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Samples: Lease (Quickturn Design Systems Inc)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. The parties acknowledged that Proposition 13 was adopted by the voters of the State of California in the June 1978 election (“Proposition 13”) and that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such services as fire protection, street, sidewalk and road maintenance, refuse removal and for other governmental services formerly provided without charge to property owners or occupants, and, in further recognition of the decrease in the level and quality of governmental services and amenities as a result of Proposition 13, Real Property Taxes shall also include any governmental or private assessments or the Project’s contribution towards a governmental or private cost-sharing agreement for the purpose of augmenting or improving the quality of services and amenities normally provided by governmental agencies. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. In addition, all assessments which can be paid by Landlord in installments, shall be paid by Landlord in the maximum number of installments permitted by Law (except to the extent inconsistent with the general practice of landlords of the comparable buildings located in the San Xxxx area) and shall be included as Real Property Taxes in the year in which the installment is actually paid. The parcel containing the Building may be a separate tax parcel that may also contain other buildings on such parcel. In such event and if the Building and the buildings and improvements are currently included in the same tax xxxx and contain different size and types of improvements, Landlord shall have the right to allocate the Taxes to each such building in accordance with Landlord’s reasonable accounting and management principles.
Appears in 1 contract
Real Property Taxes Defined. The term “Real Property Taxes” " shall mean --------------------------- all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, personal that are an integral part of and located on the Project, . the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax Taxes is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”taxes". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include (i) estate, inheritance, transfer, gift or franchise taxes of Landlord or Landlord, (ii) the federal or state net income tax imposed on Landlord’s 's income from all sources.. See First Addendum to Lease Paragraph 9
Appears in 1 contract
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause)unforeseen, now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the ProjectPremises, the gross receipts, income, or rentals from the ProjectPremises, or the use of parking areas, public utilities, or energy within the ProjectPremises, or Landlord’s business of leasing the ProjectPremises. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project Premises, or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income income, or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the ProjectPremises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of and as otherwise permitted by this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectPremises, or if any such tax may be paid in installments, then only that part of such Real Property Tax that is fairly allocable to the Project Premises, Tenants’ share of the Real Property Tax allocable to the East Parking Area, and Real Property Taxes, which do not exceed the amount of the required installment, shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sourcessources and, with respect to Real Property Taxes arising from the East Parking Area, shall be limited to Tenant’s Share of such Real Property Taxes.
Appears in 1 contract
Samples: Improvement Agreement (Echelon Corp)
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, improvements and any increases resulting from reassessments resulting from a caused by any change in ownership, ownership or new construction, or any other cause), ) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to to, the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the ProjectProperty, the gross receipts, income, or rentals from the ProjectProperty, or the use of parking areas, public utilities, or energy within the ProjectProperty, (ii) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulations or other governmental control of the ProjectProperty; and (iii) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public 29 authorities as to any Real Property Tax. If at any time during the Lease Term the method of taxation or assessment of the Project Property prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternate, substitute, or additional tax or charge (i) on the value, use or occupancy of the Project Property or Landlord’s 's interest thereintherein or, or (ii) on or measured by the gross receipts, income income, or rentals from the ProjectProperty, or on Landlord’s 's business of leasing the ProjectProperty, or (iii) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectProperty, then only that part of such Real Property Tax that is fairly allocable to the Project Property shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Samples: Lease (Bam Entertainment Inc)
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, surcharges, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause, all of which shall be paid over the longest period allowed by Law), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term Real Property Taxes shall not include (a) income, estate, excise, capital levy, state, payroll, stamp, profit, inheritance, transfer taxes to record a conveyancing document, gift or franchise taxes, however designated, except to the extent to which after the Commencement Date Landlord demonstrates that such tax is first being imposed in lieu of or in substitution for one or more “Real Property Taxes” shall as above defined; or (b) any increase in Real Property Taxes due to an increase in the assessed value of the Project resulting from the construction of an improvement made to the Project after the Commencement Date that will not include estatebe for the benefit of the Building (such as the construction of a parking garage in the Project where Tenant will not have any right to use such parking garage), inheritance, transfer, gift or franchise taxes (c) any interest or penalties resulting from the late payment of Landlord or the federal or state net income tax imposed on “Real Property Taxes” by Landlord’s income from all sources.
Appears in 1 contract
Samples: By and Between (American Science & Engineering Inc)
Real Property Taxes Defined. The term “"Real Property Taxes” " as used herein shall mean (a) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause)unforeseen, now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to to; (1) the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter hereinafter be constructed, altered, or otherwise changed), (2) or Landlord’s interest therein, the fixtures, equipment equipment, and other real or personal property of Landlord, real or personal, Landlord that are an integral part of and located on the ProjectProperty, (3) the gross receipts, income, or and rentals from the ProjectProperty, or (4) the use of parking areasthe Outside Areas, Common Areas, public utilities, or energy within the ProjectProperty; (b) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the Projectproperty; (c) new excise, transaction, sales, privilege or other taxes now or hereafter imposed upon Landlord as a result of this Lease; and (d) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any Real Property Taxes and in negotiating with public authorities as to any Real Property Taxes. If at any time during the Lease Term term the method of taxation or assessment of the Project property prevailing as of the Effective Commencement Date shall be altered so that in lieu of or in addition to any Real Property Tax Taxes described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternate, substitute, or additional tax or charge (ia) on the value, use or occupancy of the Project or Landlord’s interest thereinproperty, or (iib) on or measured by the gross receipts, income income, or rentals from the Projectproperty, or on Landlord’s 's business of leasing the ProjectProperty, or (c) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this the Lease. If any Real Property Tax is based upon property or rents unrelated to the Projectproperty, then only that part of such Real Property Tax that is fairly allocable to the Project property as determined by Landlord shall be included within the meaning of the term “"Real Property Taxes”. ." Notwithstanding the foregoing, the term “"Real Property property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources, for any similar or replacement tax or assessment.
Appears in 1 contract
Samples: Nextcard Inc
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean all taxes, assessments, levies, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, construction or any other cause), now or hereafter imposed by any an governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Projectproject, on Landlord’s 's business of leasing the Projectproject, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Projectproject, then only that part of such Real Property Tax that is fairly allocable to the Project project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources. Tenant acknowledges that the "assessments" referred to in this Section 8.3 may include assessment districts or other funding mechanisms, including but not limited to, improvement districts, maintenance districts, special services zones or districts, or any combination thereof (collectively hereafter called "Assessment Districts") for the construction, alteration, expansion, improvement, completion, repair, operation, or maintenance, as the case may be, of on-site or off-site improvements, or services, or any combination thereof as required by the City of Pleasanton (the "City"), as a condition of approving or modifying the development of which the Premises are a part. These Assessment Districts may provide, among other things, the following improvements or services: streets, curbs, interchanges, highways, traffic noise studies and mitigation measures, traffic control systems and expansion of city facilities to operate same, landscaping and lighting maintenance services, maintenance of flood and control facilities, water storage and distribution facilities, fire apparatus, manpower, and other fire safety facilities, and sports facilities. Tenant hereby consents to the formation of any and all existing and future Assessment Districts and waives any and all rights of notice and any and all rights of protest in connection with formation of any Assessment Districts and agrees to execute all documents, including, but not limited to, formal waivers of notice and protest, evidencing such consent and waiver upon request of Landlord or the City.
Appears in 1 contract
Real Property Taxes Defined. The term “"Real Property Taxes” " shall mean --------------------------- all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, Project or Landlord’s 's business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.
Appears in 1 contract
Real Property Taxes Defined. The term “"Real Property Taxes” " --------------------------- shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s 's business of leasing the Project. If at any time during the Lease Term Term, the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s 's interest therein, or (ii) on or measured by the gross receipts, income (but not net income of Landlord) or rentals from the Project, on Landlord’s 's business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “"Real Property Taxes”". Notwithstanding the foregoing, the term “"Real Property Taxes” " shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources, or any fine, penalty or interest imposed solely by reason of Landlord's failure to timely pay any taxes (unless Landlord's failure is due to Tenant's default hereunder).
Appears in 1 contract
Samples: Lease (Borland Software Corp)
Real Property Taxes Defined. The term “Real Property Taxes” as used herein shall mean (a) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay for any existing or future general or special assessments for public improvements, services services, or benefits, benefits and any increases resulting from reassessments resulting from a change in ownershipreassessments, new construction, or any other causechange in ownership or valuation), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, against or with respect to (i) the value, occupancy or use of all or any portion of the Project Property (as now constructed or as may at any time hereafter hereinafter be constructed, altered, altered or otherwise changed), (ii) or Landlord’s interest therein, the fixtures, equipment equipment, and other real or personal property of Landlord, real or personal, Landlord that are an integral part of and located on the ProjectProperty, (iii) the gross receipts, income, or and rentals from the ProjectProperty (not to exceed two percent (2%) of the gross receipts, income, and rentals from the Property), or (iv) the use of parking areas, public utilities, or energy within the ProjectProperty; (b) all charges, levies or Landlord’s business fees imposed by reason of leasing environmental regulation or other governmental control of the ProjectProperty, to the extent levied on all commercial properties within the geographic area of the Property and not exclusively on the Property; (c) any excise, transaction, sales, privilege or other tax now or hereafter imposed upon Landlord as a result of and leases for any portion of the Property; and (d) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax but only to the extent of actual savings as a result thereof. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date Property shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate alternate, substitute, or additional tax or charge (ia) on the value, use or occupancy of the Project or Landlord’s interest thereinProperty, or (iib) on or measured by the gross receipts, income income, or rentals from the ProjectProperty (not to exceed two percent (2%) of the gross receipts, income, and rentals from the Property), or on Landlord’s 's business of leasing the ProjectProperty, or (c) computed in any manner with respect to the operation of the ProjectProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” Taxes for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ProjectProperty, then only that part of such Real Property Tax that is fairly allocable to the Project Property shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or Landlord, the federal or state net income tax imposed on Landlord’s income from all sourcessources or any fines or penalties.
Appears in 1 contract
Samples: Lease Agreement (Sumo Logic, Inc.)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estateand Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest permitted term; (b) imposed on land and improvements other than the Project; or (c) attributable to Landlord’s net income, inheritance, gift, transfer, gift or franchise taxes of Landlord or the federal estate or state net income tax imposed on Landlord’s income from all sourcestaxes.
Appears in 1 contract
Samples: Acceptance Agreement (Nassda Corp)
Real Property Taxes Defined. The term “Real Property Taxes” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any existing or future general or special assessments for public improvements, services or benefits, and any increases resulting from reassessments resulting from a change in ownership, new construction, or any other cause, provided, that Landlord shall pay all such matters on the longest term available basis, and Tenant shall not be required to pay on such except on such basis), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of all or any portion of the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. If at any time during the Lease Term the method of taxation or assessment of the Project prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Project or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Project, on Landlord’s business of leasing the Project, or computed in any manner with respect to the operation of the Project, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Project, then only that part of such Real Property Tax that is fairly allocable to the Project shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.the
Appears in 1 contract
Samples: Genesis Microchip Inc /De