Common use of Real Property Taxes Defined Clause in Contracts

Real Property Taxes Defined. The term "Real Property Taxes" as used in this Lease 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 general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership) 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 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 Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property 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 alternative or additional tax or charge (i) on the value, use or occupancy of the Leased Premises or Landlord's interest therein, or (ii) on or measured by the gross receipts, gross income or gross rentals from the Leased Premises, on Landlord's business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Leased 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 Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Taxes that is fairly allocable to the 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 Landlord's federal, state or local income tax capital stock tax or wealth tax.

Real Property Taxes Defined. The term "“Real Property Taxes" as used in this Lease ” 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 general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership) unforeseen, 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, or with respect to the value, occupancy or use of, of all or any portion of the Leased Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord's ’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 Leased Premises; , the gross receipts, income, or rentals from the Premises, or the use of parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason Landlord’s business of environmental regulation or other governmental control of leasing the Leased Premises. If at any time during the Lease Term the method of taxation or assessment of the Leased Premises prevailing as of the Commencement Effective Date shall be altered so that in lieu of or in addition to any Real Property Taxes Tax described above, 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 alternative alternate or additional tax or charge (i) on the value, use or occupancy of the Leased Premises Premises, or Landlord's ’s interest therein, or (ii) on or measured by the gross receipts, gross income income, or gross rentals from the Leased Premises, on Landlord's business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Leased 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 and as otherwise permitted by this Lease. If any Real Property Taxes are Tax is based upon property or rents unrelated to the Leased Premises, or if any such tax may be paid in installments, then only that part of such Real Property Taxes Tax that is fairly allocable to the Leased Premises 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 Landlord's federal, the federal or state or local net income tax capital stock tax or wealth taximposed on Landlord’s income from all sources 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.

Real Property Taxes Defined. The term "“Real Property Taxes" as used in this Lease shall mean ” means (i) any and all taxesforms of tax, assessmentsassessment, levieslicense fee, and other charges of any kind excise, bond, levy, charge or nature whatsoeverimposition (collectively referred to herein as “Taxes”), general and general, special, foreseen and unforeseen (including all installments ordinary or extraordinary, imposed, levied or assessed against the Premises or Project or any interest of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused Landlord in the same, by any change in ownership) now or hereafter imposed by any governmental or quasi-governmental authority or special district entity having the direct or indirect power to tax tax, including without limitation, any city, county, state or levy assessmentsfederal government, which are or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Taxes now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed againstto increase tax increments to governmental agencies, or with respect to the valuefor services such as (but not limited to) fire protection, occupancy or use ofpolice protection, all or any portion of the Leased Premises (as now constructed or as may at any time hereafter be constructedstreet, alteredsidewalk and road maintenance, 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 Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation refuse removal or other governmental control of services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to the Leased Premises. If at Premises or Project or any time during the Lease Term the taxation Rent or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to Operating Expenses payable hereunder, including without limitation, any Real Property 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 gross receipts tax or charge, or any other cause) an alternative or additional tax or charge (i) General Excise Tax on the valuereceipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord of the Leased Premises or Project or Operating Expenses, and (iv) any Taxes on the transfer or a transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder, by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises or Project or in Tenant or Landlord's interest therein. Real Property Taxes shall not include any general franchise, income, estate or (ii) on or measured by the gross receipts, gross income or gross rentals from the Leased Premises, inheritance tax imposed on Landlord's business . Tenant shall have the right, at Tenant’s sole cost and expense, to contest the assessed amount of leasing the Leased Premises, or computed in any manner with respect to the operation of the Leased 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 , provided: (1) Tenant delivers to Landlord written notice of this Lease. If Tenant’s desire to contest the assessment amount and Landlord does not notify Tenant within ten (10) business days thereafter that Landlord will undertake contest; (2) any such contest shall be undertaken either through tax counsel licensed with the California State Bar or through a real property tax consultant approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (3) any such contest shall be coordinated with any contest then being undertaken or planned by Landlord; (4) Tenant shall cooperate and coordinate with any other tenants of the Project whose premises are part of the tax parcel that is the subject of any such contest; and (5) Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless against and from any and all Claims (as hereinafter defined) arising from or related to any contest of Real Property Taxes are based upon property initiated by or rents unrelated to the Leased Premises, then only that part on behalf of such Real Property Taxes that is fairly allocable to the Leased Premises shall be included within the meaning of the term "Real Property TaxesTenant." Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or Landlord's federal, state or local income tax capital stock tax or wealth tax.

Real Property Taxes Defined. The term "Real Property Taxes" as used in this Lease shall mean means (i) any and all taxesforms of tax, assessmentsassessment, levieslicense fee, and other charges of any kind excise, bond, levy, charge or nature whatsoeverimposition (collectively referred to herein as "Taxes", general and general, special, foreseen and unforeseen (including all installments ordinary or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or any interest of principal and interest required to pay Landlord or any general or special assessments for public improvements and any increases resulting from reassessments caused mortgagee thereof in the same, by any change in ownership) now or hereafter imposed by any governmental or quasi-governmental authority or special district entity having the direct or indirect power to tax tax, including without limitation, any city, county, state or levy assessmentsfederal government, which are or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition or Real Property Taxes, including without limitation, those imposed, levied or assessed againstto increase tax increments to governmental agencies, or with respect to the valuefor services such as (but not limited to) fire protection, occupancy or use ofpolice protection, all or any portion of the Leased Premises (as now constructed or as may at any time hereafter be constructedstreet, alteredsidewalk and road maintenance, 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 Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation refuse removal or other governmental control services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to or measured by the area of the Leased Building, the Premises. If at , the Business Center or any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to Rent payable hereunder, including without limitation, any Real Property 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 gross income tax or charge, or any other cause) an alternative or additional excise tax or charge (i) on the valuereceipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord of the Leased Premises or Landlord's interest therein, or (ii) on or measured by the gross receipts, gross income or gross rentals from the Leased Premises, and (iv) any Taxes on Landlord's business of leasing the Leased Premises, transfer or computed in any manner with respect to the operation of the Leased Premises, then any such alternate transaction directly or additional tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. If any Real Property Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Taxes that is fairly allocable to the Leased Premises shall be included within the meaning of the term "Real Property Taxes." Notwithstanding the foregoing, during the term "Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. Real Property Taxes" Taxes shall not include estateany general franchise, inheritanceincome, transfer, gift estate or franchise taxes of Landlord or inheritance tax imposed on Landlord's federal, state or local income tax capital stock tax or wealth tax.

Real Property Taxes Defined. The term "Real Property Taxes" as used in this Lease 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 general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership) now or hereafter imposed by any governmental or quasi-governmental authority LOT C 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 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 Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property 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 alternative or additional tax or charge (i) on the value, use or occupancy of the Leased Premises or Landlord's interest therein, or (ii) on or measured by the gross receipts, gross income or gross rentals from the Leased Premises, on Landlord's business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Leased 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 Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Taxes that is fairly allocable to the 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 Landlord's federal, state or local income tax capital stock tax or wealth tax.

Real Property Taxes Defined. The term "“Real Property Taxes" ” as used in this Lease 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 general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership) now or hereafter imposed -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 Leased Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord's ’s interest therein; any Improvements 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 Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property Taxes Tax described above, 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 alternative alternate or additional tax or charge (i1) on the value, use or occupancy of the Leased Premises or Landlord's ’s interest therein, therein or (ii2) on or measured by the gross receipts, gross income or gross rentals from the Leased Premises, on Landlord's ’s business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Leased 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 Taxes are Tax is based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Taxes Tax that is fairly allocable to the 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 Landlord's federal, the federal or state or local net income tax capital stock tax or wealth taximposed on Landlord’s income from all sources.

Real Property Taxes Defined. The term "Real Property Taxes" as used in this Lease shall mean means (i) any and all taxesforms of tax, assessmentsassessment, levieslicense fee, and other charges of any kind excise, bond, levy, charge or nature whatsoeverimposition (collectively referred to herein as "Taxes", general and general, special, foreseen and unforeseen (including all installments ordinary or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or any interest of principal and interest required to pay Landlord or any general or special assessments for public improvements and any increases resulting from reassessments caused mortgagee thereof in the same, by any change in ownership) now or hereafter imposed by any governmental or quasi-governmental authority or special district entity having the direct or indirect power to tax tax, including without limitation, any city, county, state or levy assessmentsfederal government, which are or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed againstto increase tax increments to governmental agencies, or with respect for services such as (but not limited to the value) fire protection, occupancy or use ofpolice protection, all or any portion of the Leased Premises (as now constructed or as may at any time hereafter be constructedstreet, alteredsidewalk and road maintenance, 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 Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation refuse removal or other governmental control services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to or measured by the area of the Leased Building, the Premises. If at , the Business Center or any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to Rent payable hereunder, including without limitation, any Real Property 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 gross income tax or charge, or any other cause) an alternative or additional excise tax or charge (i) on the valuereceipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord of the Leased Premises or Landlord's interest therein, or (ii) on or measured by the gross receipts, gross income or gross rentals from the Leased Premises, and (iv) any Taxes on Landlord's business of leasing the Leased Premises, transfer or computed in any manner with respect to the operation of the Leased Premises, then any such alternate transaction directly or additional tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. If any Real Property Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Taxes that is fairly allocable to the Leased Premises shall be included within the meaning of the term "Real Property Taxes." Notwithstanding the foregoing, during the term "Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. Real Property Taxes" Taxes shall not include estateany general franchise, inheritanceincome, transfer, gift estate or franchise taxes of Landlord or inheritance tax imposed on Landlord's federal, state or local income tax capital stock tax or wealth tax.

Real Property Taxes Defined. The term "Real Property Taxes" as used in this Lease 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 general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership) 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 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 Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property 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 alternative or additional tax or charge (i) on the value, use or occupancy of the Leased Premises or Landlord's interest therein, or (ii) on or measured by the gross receipts, gross income or gross rentals from the Leased Premises, on Landlord's business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Leased 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 Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Taxes that is fairly allocable to the 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 Landlord's federal, state or local income tax capital stock tax or wealth tax.