Real Property Taxes. Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 3 contracts
Samples: Lease Agreement (Broadvision Inc), Lease Agreement (Broadvision Inc), Sublease (Realnames Corp)
Real Property Taxes. The term "Real Property Tax" or "Real Property Taxes" shall each mean Tenant's Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and charges any increases resulting from reassessments caused by any change in ownership or new construction), 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 upon, or with respect to, for whatever reason against the Project, Property or any personal property of Landlord used in the operation thereof or located thereinportion thereof, or Landlord's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and 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. If, at any time during the Lease Term, the taxation or assessment of the Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the Project method of taxation or such personal propertyassessment, by creation of a new tax or charge, or any federalother cause) an alternate, state substitute, or local entity, including: additional use or charge (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the value, size, use or occupancy of any part of the ProjectProperty or Landlord's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Property, or on rent for space Landlord's business of owning, leasing or managing the Property or (iii) computed in any manner with respect to the Project; (v) operation of the Property, then any other tax, fee such tax or excisecharge, however describeddesignated, that may shall be levied included within the meaning of the terms "Real Property Tax" or assessed as a substitute for, or as an addition to, in whole or in part, any other "Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income " for purposes of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlordthis Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProperty, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Property shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms "Real Property Taxes also do Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes" shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Buildingincome from all sources.
Appears in 3 contracts
Samples: Lease (Redback Networks Inc), Lease Agreement (Marvell Technology Group LTD), Lease (Redback Networks Inc)
Real Property Taxes. TaxesFor purposes of this Lease, assessments Real Property Taxes shall mean any form of assessment, license, fee, rent tax, levy, penalty (if a result of Tenant's delinquency) , or tax of any nature imposed upon or with respect to the Premises or the Project or any part thereof (other than net income, estate, succession, inheritance, transfer or franchise taxes) (collectively "tax"), imposed by any authority having the direct or indirect power to tax, or by any city, county, state or federal government or any improvement or other district or division thereof, whether such tax is: (i) determined by the area of the Premises or Project or any part thereof or the rent and charges now other sums payable hereunder by Tenant or hereafter by other tenants, including, but not limited to, any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of such rent or other sums due under this Lease; (ii) levied or assessed upon, upon any legal or with respect to, the Project, or any personal property equitable interest of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal propertythe Premises or any part thereof; (iii) levied or assessed upon this transaction or any document to which Tenant is a party creating or transferring any interest in the Premises; (iv) levied or assessed in lieu of, by in substitution for, or in addition to, existing or additional taxes imposed on or with respect to the Project or the Premises, whether or not now customary or within the contemplation of the parties; or (v) surcharged against the parking area. Notwithstanding the foregoing, the following shall not constitute Real Property Taxes for the purposes of this Lease: (1) any state, local, federal, state personal or local entitycorporate income tax of Landlord; (2) any estate or inheritance taxes; (3) any franchise, including: succession or transfer taxes, and (i4) all real property interest on taxes or penalties resulting from Landlord's failure to pay its taxes and general not directly caused by Tenant's delinquency. The reasonable cost and special assessments; (ii) charges, fees expenses of contesting the amount or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to validity of any of the Project, including foregoing taxes shall be included in Real Property Taxes. Real Property Taxes shall also include all new and increased assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes as fire protection, street, sidewalk, road, utility construction and maintenance, refuse removal removal, libraries, street lighting, police services, and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other gross or net rental income tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 2 contracts
Samples: Lease Agreement (Signal Pharmaceuticals Inc), Lease (Signal Pharmaceuticals Inc)
Real Property Taxes. For purposes of this Lease, “Real Property Taxes” shall consist of all transit charges, assessments housing fund assessments, real estate taxes and charges now or hereafter all other taxes relating to the Building, the Property, and the Common Areas located on the Property, all other taxes which may be levied or assessed uponin lieu of real estate taxes, or with respect all assessments, local improvement districts, assessment bonds, levies, fees and other governmental charges, including, but not limited to, the Projectcharges for traffic facilities and improvements, water service studies, and improvements or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits, or any personal property other purpose, which are assessed, levied, confirmed, imposed or become a lien upon the Building or any portion of Landlord used in the operation thereof or located thereinProperty, or Landlord's interest in become payable during the Project Term (or such personal property, by any federal, state which become payable after the expiration or local entity, including: (i) all real property taxes earlier termination hereof and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, are attributable in whole or in partpart to any period during the Term hereof), together with all costs and expenses incurred by Landlord in successfully contesting, resisting or appealing any other such taxes, rates, duties, levies or assessments. “Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) ” shall exclude any franchise, transferestate, inheritance or capital stock taxessuccession transfer tax of Landlord, or income taxes measured by any federal or state income, profits or revenue tax or charge upon the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if at any Real time during the Term there is levied or assessed against Landlord a federal, state or local tax or excise tax on rent, or any other tax however described on account of rent or gross receipts or any portion thereof, Tenant shall pay one hundred percent (100%) of the Tenant’s Share of any said tax or excise applicable to Tenant’s Rent as Additional Rent. During any period in which Tenant leases 100% of the Rentable Area of the Property, if the ad valorem tax assessment of the Property Taxes are imposed and Building for any calendar year increases by more than five percent (5%) from the prior year’s assessment, Tenant shall have the right, by written notice to Landlord, to cause Landlord to contest or increased due to the construction or installation of tenant improvements or other alterations in the Buildingprotest, through appropriate legal proceedings, such Real Property Taxes increased assessment. The cost of any such challenge shall be equitably prorated borne by Tenant but, if Landlord is successful in Landlord's obtaining a reduced assessment or tax refund, Tenant shall be entitled to recoup its reasonable judgment between out-of-pocket expenses from the refund before the refund is applied against Operating Expenses. Tenant may only require Landlord to contest the amount or validity of any real estate taxes by appropriate proceedings and only if the Property or any other tenants part thereof would not by reason of such postponement or deferment be in danger of being forfeited or lost. Landlord shall not be subjected to any liability for the payment of any costs or expenses in connection with any such proceedings or any increased assessment of the BuildingProject which results from such proceeding.
Appears in 2 contracts
Samples: Lease (Osi Systems Inc), Lease Agreement (Osi Systems Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property ” shall each mean Tenant’s Expense Share of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 or new construction), 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 for whatever reason against the Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or assessments for transitbased upon the use of or number of parking spaces within the Property, housing, day care, open space, art, police, fire or other governmental the amount of public services or benefits public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and 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. If, at any time during the ProjectLease Term, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes the taxation or assessment of the Property prevailing as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments of the Effective Date of this Lease shall be altered so that in lieu of taxes; or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (ivwhether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) any taxan alternate, fee substitute, or excise additional use or charge (i) on the value, size, use or occupancy of any part of the ProjectProperty or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Property, or on rent for space Landlord’s business of owning, leasing or managing the Property or (iii) computed in any manner with respect to the Project; (v) operation of the Property, then any other tax, fee such tax or excisecharge, however describeddesignated, that may shall be levied included within the meaning of the terms “Real Property Tax” or assessed as a substitute for, or as an addition to, in whole or in part, any other “Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income ” for purposes of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlordthis Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProperty, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Property shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms “Real Property Taxes also do Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Building’s income from all sources.
Appears in 2 contracts
Samples: Sublease (Atheros Communications Inc), Lease Agreement (Redback Networks Inc)
Real Property Taxes. The term “Real Property Taxes” means (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 general or special assessments for public improvements and charges any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power or tax or levy assessments, which are levied or assessed upon, or with respect to, for whatever reason against the Project, a Project Building or the legal parcel of a Project Building or any personal portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord used in that is an integral part of the operation thereof or Project and located thereinthereon, or Landlord's interest in ’s business of owning, leasing or managing the Project or such personal propertythe gross receipts, income or rentals from the Project; (b) all charges, levies or fees imposed by any federal, state governmental authority against Landlord by reason of or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees based upon the use of or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to number of parking spaces within the Project, including assessmentsthe amount of public services or public utilities used or consumed (e.g. water, taxesgas, feeselectricity, levies and charges imposed sewage or surface water disposal) at the Project, the number of persons employed by governmental agencies for such purposes as streettenants of the Project, sidewalkthe size (whether measured in area, roadvolume, utility construction and maintenance, refuse removal and for other governmental services; (iiinumber of tenants or whatever) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part value of the Project, or on rent for space in the type of use or uses conducted within the Project; and (vc) all costs and fees (including attorneys’ fees) incurred by Landlord in contesting any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; Tax and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection negotiating with proceedings public authorities as to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants . If, at any time during the Term, the taxation or assessment of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment any portion thereof prevailing as of the effective date of this Lease shall be altered so that in lieu of or in addition to any Real Property Taxes Tax described above there shall be levied, 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, substitute, or additional tax or charge (a) on the value, size, use or occupancy of the Project or Landlord’s interest therein or (b) on or measured by the gross receipts, income or rentals from the Project, or on Landlord’s business of owning, leasing or managing the Project or (c) 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 terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProject, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Project shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms “Real Property Taxes also do Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Building’s income from all sources.
Appears in 2 contracts
Samples: Lease Agreement (Silver Spring Networks Inc), Lease Agreement (Silver Spring Networks Inc)
Real Property Taxes. TaxesAny form of assessment, assessments and charges now or hereafter levied or assessed uponlicense, fee, rent tax, levy, penalty (if a result of Tenant’s delinquency), or with respect totax (other than net income, estate, succession, inheritance, transfer or franchise taxes), imposed by any authority having the Projectdirect or indirect power to tax, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federalcity, county, state or local entityfederal government or any improvement or other district or division thereof, includingwhether such tax is: (i) all real property taxes determined by the area of the Premises or any part thereof or the rent and general and special assessmentsother sums payable hereunder, including, but not limited to, any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of such rent or other sums due under this Lease; (ii) charges, fees upon any legal or assessments for transit, housing, day care, open space, art, police, fire equitable interest of Landlord in the Premises or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental servicesany part hereof; (iii) service payments upon this transaction or any document to which Tenant is a party creating or transferring any interest in lieu of taxes; (iv) any tax, fee all or excise on the use or occupancy of any part of the ProjectPremises; or (iv) levied or assessed in lieu of, in substitution for, or on rent for space in addition to, existing or additional taxes against the Project; (v) Premises whether or not now customary or within the contemplation of the parties. In the case of any other tax, fee or excise, however described, Real Property Taxes that may be levied evidenced by improvement or assessed as a substitute forother bonds or that may be paid in annual or other periodic installments, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. for the purpose of calculating Real Property Taxes do not include: (A) franchiseunder this Lease, transferLandlord shall elect to cause such bonds to be issued or such assessment to be paid in installments over the maximum period permitted by applicable Law. Notwithstanding the foregoing, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts Taxes payable by tenants Tenant under this Lease shall also not include (i) any penalties or interest charges (through no fault of the Project under their leases; Tenant), and (Cii) penalties, fines, interest or charges due for late payment any supplemental assessment of Real Property Taxes by Landlordwith respect to the Xxxxxxx Road Premises related to any period of time before the Term. If any Tenant shall have the right to request Landlord to contest Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely Premises, or Tenant’s personal property, and if Landlord is not willing to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant undertake such contest, Landlord agrees that Tenant, at Tenant’s expense, can institute a contest on its own and any other tenants or occupants of the Building; provided, however, that if any Landlord will reasonably cooperate with such contest. Tax refunds shall be credited against Real Property Taxes are imposed or increased due Taxes, as applicable, and refunded to Tenant regardless of when received, based on the construction or installation Lease year to which the refund is applicable during the Term; it being understood that this obligation shall survive the termination of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingthis Lease.
Appears in 2 contracts
Samples: Lease (IGM Biosciences, Inc.), Lease (IGM Biosciences, Inc.)
Real Property Taxes. The term "Real Property Taxes" means (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 general or special assessments for public improvements and charges any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power or tax or levy assessments, which are levied or assessed upon, or with respect to, for whatever reason against the Project, a Project Building or the legal parcel of a Project Building or any personal property of Landlord used in the operation thereof or located thereinportion thereof, or Landlord's interest in herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Project and located thereon, or Landlord's business of owning, leasing or managing the Project or such personal propertythe gross receipts, income or rentals from the Project; (b) all charges, levies or fees imposed by any federal, state governmental authority against Landlord by reason of or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees based upon the use of or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to number of parking spaces within the Project, including assessmentsthe amount of public services or public utilities used or consumed (e.g. water, taxesgas, feeselectricity, levies and charges imposed sewage or surface water disposal) at the Project, the number of persons employed by governmental agencies for such purposes as streettenants of the Project, sidewalkthe size (whether measured in area, roadvolume, utility construction and maintenance, refuse removal and for other governmental services; (iiinumber of tenants or whatever) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part value of the Project, or on rent for space in the type of use or uses conducted within the Project; and (vc) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; Tax and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection negotiating with proceedings public authorities as to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants . If, at any time during the Term, the taxation or assessment of the Project under their leases; and or any portion thereof prevailing as of the effective date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, or imposed (Cwhether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) penaltiesan alternate, finessubstitute, or additional tax or charge (i) on the value, size, use or occupancy of the Project or Landlord's interest therein or charges due for late payment (ii) on or measured by the gross receipts, income or rentals from the Project, or on Landlord's business of owning, leasing or managing the Project or (iii) 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 terms Real Property Tax or Real Property Taxes by Landlordfor purposes of this Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProject, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Project shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction Tax or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed Taxes. Notwithstanding the foregoing, the terms Real Property Tax or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in not include (i) estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord's reasonable judgment between Tenant and income from all sources, (ii) taxes or assessments levied on Landlord's rental income, unless such tax or assessment is imposed on gross receipts from the sale, lease, rental or licensing of real property or in lieu of real property taxes; (iii) assessments in excess of the amount which would be payable if such assessment expense were paid in installments over the longest permitted terms; or (iv) taxes or assessments or increases therein resulting from the improvements of any of the Project for the sole use of other occupants or tenants of the BuildingProject.
Appears in 2 contracts
Samples: Lease Agreement (Forescout Technologies, Inc), Lease Agreement (Forescout Technologies, Inc)
Real Property Taxes. For purposes of this Lease, the term “Property Taxes” shall mean all assessment, assessments license, fee, rent, tax, levy, interest, or tax (other than Landlord’s net income, estate, succession, inheritance, gift, excise, transfer or franchise taxes) charges, imposed by any authority having the direct or indirect power to tax, or by any city, county, state or federal government or any improvement or other district or division thereof, on the real property comprising the Project, including any land and charges improvements thereon, whether such tax is: (i) determined by the value or area of the Project or any part thereof (or any improvements now or hereafter levied or assessed upon, or with respect to, made to the Project, Project or any personal property portion thereof by Landlord, Tenant or other tenants); (ii) upon any legal or equitable interest of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental servicespart thereof; (iii) service payments in lieu of taxes; (iv) upon this transaction or any tax, fee document to which tenant is a party creating or excise on the use or occupancy of transferring any part of the Project, or on rent for space interest in the Project; (iv) levied or assessed in lieu of, in substitution for, or in addition to, existing or additional taxes against the Project whether or not now customary or within the contemplation of the parties; or (v) assessed upon real property generally for the purpose of constructing or maintaining or reimbursing the cost of construction of any streets, utilities, or other taxpublic improvements. Notwithstanding anything to the contrary contained herein, fee Property Taxes shall not include any amounts payable by Tenant under Section 4(e) below. With respect to any taxes or excise, however described, that assessments which may be levied against or assessed as a substitute forupon the Project, or as an addition to, which under the Laws then in whole force may be evidenced by improvements or other bonds or may be paid in part, annual installments only the amount of such annual installment (with appropriate proration for any other Real Property Taxes; partial year) and interest due thereon shall be included within the computations of the annual taxes and assessments levied against the Project (vi) reasonable consultants' and attorneys' fees and expenses incurred but any credit given by the taxing authorities against any such installation arising from earlier payments or earlier funding or reserves shall be disregarded in connection with proceedings to contest, determine or reduce Real Property Taxesthe calculation of any such annual assessments). If Landlord receives a reduction in Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by attributable to the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord Base Year as a substitute forresult of commonly called Proposition 8 application, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of then Real Property Taxes by Landlord. If any for the Base Year shall be calculated as if no Proposition 8 reduction in Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingwere received.
Appears in 2 contracts
Samples: Retail Lease Agreement (Slack Technologies, Inc.), Retail Lease Agreement (Slack Technologies, Inc.)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: ” shall each mean (i) all real property taxes 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 or new construction), 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 for whatever reason against the Project or any portion thereof, or Landlord’s interest therein, or the fixtures, equipment and other property of Landlord that is an integral part of the Project and located thereon, or Landlord’s business of owning, leasing or managing the Project or the gross receipts, income, or rentals from the Project: (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or assessments for transit, housing, day care, open space, art, police, fire based upon the use of or other governmental services or benefits to number of parking spaces within the Project, including assessmentsthe amount of public services or public utilities used or consumed (e.g. water, taxesgas, feeselectricity, levies and charges imposed sewage, or surface water disposal) at the Project, the number of persons employed by governmental agencies for such purposes as streettenants of the Project, sidewalkthe size (whether measured in area, roadvolume, utility construction and maintenance, refuse removal and for other governmental services; (iiinumber of tenants or whatever) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part value of the Project, or on rent for space in the type of use or uses conducted within the Project; and (viii) all costs and fees (including attorneys’ fees) incurred by Landlord in contesting any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; Tax and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection negotiating with proceedings public authorities as to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants . If, at any time during the Lease Term, the taxation or assessment of the Project under their leases; and (C) penalties, fines, interest prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or charges due for late payment of in addition to any Real Property Taxes 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, substitute, or additional tax or charge (i) on the value, size, use or occupancy of the Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rental from the Project, or on Landlord’s business of owning, leasing or managing the Project or (iii) 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 terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProject, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Project shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms “Real Property Taxes also do Tax” or “Real Property Taxes”. Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Building’s income from all sources.
Appears in 2 contracts
Samples: Industrial Space Lease (Adeza Biomedical Corp), Industrial Space Lease (Adeza Biomedical Corp)
Real Property Taxes. The terms “real Property Tax” and “Real Property Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: ” shall each mean (i) all real property taxes 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 or new construction), 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 for whatever reason against the Project or any portion thereof, or Landlord’s interest therein, or the fixtures, equipment and other property of Landlord that is an integral part of the Project and located thereon, or Landlord’s business of owing, leasing or managing the Project or the gross receipts, income or rentals from the Project; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or assessments for transit, housing, day care, open space, art, police, fire based upon the use of or other governmental services or benefits to number of parking spaces within the Project, including assessmentsthe amount of public services or public utilities used or consumed (e.g. water, taxesgas, feeselectricity, levies and charges imposed sewage or surface water disposal) at the Project, the number of persons employed by governmental agencies for such purposes as streettenants of the Project, sidewalkthe size (whether measured in area, roadvolume, utility construction and maintenance, refuse removal and for other governmental services; (iiinumber of tenants or whatever) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part value of the Project, or on rent for space in the type of use or uses conducted within the Project; and (viii) all costs and fees (including attorneys’ fees) incurred by Landlord in contesting any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; Tax and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection negotiating with proceedings public authorities as to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants . If, at any time during the Lease Term, the taxation or assessment of the Project under their leases; and (C) penalties, fines, interest prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or charges due for late payment of in addition to any Real Property Taxes 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) and alternate, substitute, or additional tax or charge (i) on the value, size, 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, or on Landlord’s business of owning, leasing or managing the Project or (iii) 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 terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProject, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Project shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms “Real Property Taxes also do Tax” or “Real Property Taxes”. Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Building’s income from all sources.
Appears in 2 contracts
Samples: Industrial Space Lease (Viasystems Group Inc), Industrial Space Lease (Viasystems Group Inc)
Real Property Taxes. The term "Real Property Taxes" 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 charges any increases resulting from reassessments caused by any change in ownership or new construction), 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 upon, or with respect to, for whatever reason against the Project, Project or any personal property of Landlord used in the operation thereof or located thereinportion thereof, or Landlord's interest in therein, or the fixtures, equipment and other property of Landlord that is an integral part of the Project and located thereon, or such personal propertyLandlord's business of owning, by any federalleasing or managing the Project, state or local entitythe gross receipts, including: (i) all real property taxes and general and special assessmentsincome or rentals from the Project; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or assessments for transit, housing, day care, open space, art, police, fire based upon the use of or other governmental services or benefits to number of parking spaces within the Project, including assessmentsthe amount of public services or public utilities used or consumed (e.g. water, taxesgas, feeselectricity, levies and charges imposed sewage or surface water disposal) at the Project, the number of persons employed by governmental agencies for such purposes as streettenants of the Project, sidewalkthe size (whether measured in area, roadvolume, utility construction and maintenance, refuse removal and for other governmental services; (iiinumber of tenants or whatever) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part value of the Project, or on rent for space in the type of use or uses conducted within the Project; and (viii) all costs and fees (including attorneys' fees) incurred by Landlord in contesting any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; Taxes and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection negotiating with proceedings public authorities as to contest, determine or reduce any Real Property Taxes. If,at any time during the Term, the 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 Taxes do not include: described above there shall be levied, assessed or imposed (A) franchisewhether by reason of a change in the method of taxation or assessment, transfer, inheritance creation of a new tax or capital stock taxescharge, or income taxes any other cause) an alternate, substitute, or additional tax or charge (i) on the value, size, use or occupancy of the Project or Landlord's interest therein or (ii) on or measured by the net gross receipts, income or rentals from the Project or Landlord's business of Landlord from all sourcesowning, unless leasing or managing the Project, or (iii) computed in any manner with respect to the operation of the Project, then any such taxes are levied tax or assessed against Landlord as a substitute forcharge, in whole or in parthowever designated, any shall be included within the meaning of the term "Real Property Tax; (B) Impositions and all similar amounts payable by tenants Taxes" for purposes of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlordthis Lease. If any Real Property Taxes are payable, partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProject, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, that are fairly allocable to the extent possible, upon records Project shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. term "Real Property Taxes also do 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 income tax imposed on Landlord's income from all sources or assessment expense or any increases increase therein in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants excess of the Project other than Tenant and any other tenants amount which would be payable if such tax or occupants of assessment expense (together with interest thereon) were paid in installments over the Building; provided, however, that if any Real Property Taxes are imposed longest possible term without additional fee or increased due cost to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 2 contracts
Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Real Property Taxes. For purposes of this Lease, "Real Property Taxes, assessments " shall consist of all real estate taxes and charges now or hereafter levied or assessed upon, or with respect toall other taxes relating to the Building, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to Common Areas and/or the Project, including assessmentsas applicable, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for all other governmental services; (iii) service payments taxes which may be levied in lieu of real estate taxes; (iv) any tax, fee all assessments, local improvement districts, assessment bonds, levies, fees and other governmental charges, including, but not limited to, charges for traffic facilities and improvements, water service studies, and improvements or excise on the use amounts necessary to be expended because of governmental orders, whether general or occupancy special, ordinary or extraordinary, unforeseen as well as foreseen, of any part kind and nature for public improvements, services, benefits, or any other purpose, which are assessed, levied, confirmed, imposed or become a lien upon the Building or any portion of the Project, or on rent for space in and/or the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute forCommon Areas, or as an addition to, become payable during the Term (or which become payable after the expiration or earlier termination hereof and are attributable in whole or in partpart to any period during the Term hereof), any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees together with all costs and expenses incurred by Landlord in connection with proceedings to contestsuccessfully contesting, determine resisting or reduce appealing any such taxes, rates, duties, levies or assessments. Any special assessments which may be paid in installments shall be deemed paid over the longest period allowable by law and only the installment due in any calendar year shall be included in Real Property Taxes. "Real Property Taxes do not include: (A) Taxes" shall exclude any franchise, transferestate, inheritance or capital stock taxessuccession transfer tax of Landlord, or income taxes measured by any federal or state income, profits or revenue tax or charge upon the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if at any Real Property Taxes are imposed time during the Term there is levied or increased due to the construction assessed against Landlord a federal, state or installation of tenant improvements local tax or other alterations in the Buildingexcise tax on rent, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and or any other tenants tax however described on account of rent or gross receipts or any portion thereof, Tenant shall pay one hundred percent (100%) of the BuildingTenant's Share of any said tax or excise applicable to Tenant's Rent as Additional Rent.
Appears in 2 contracts
Samples: Lease Agreement (Schnitzer Steel Industries Inc), Lease Agreement (Schnitzer Steel Industries Inc)
Real Property Taxes. The term "Real Property Taxes" as used ------------------- herein shall mean (a) all taxes, assessments assessments, levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen, now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, imposed by any federal, state governmental or local entity, including: (i) all real property taxes and general and quasi-governmental authority or special assessments; (ii) charges, fees district having the direct or assessments for transit, housing, day care, open space, art, police, fire indirect power to tax or other governmental services or benefits to the Project, including levy assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes which are levied or assessed against or with respect to; (1) the value, occupancy or use of the Property (as now constructed or as may at any time hereinafter be constructed, altered, or otherwise changed), (2) the fixtures, equipment, and other real or personal property of Landlord that are an integral part of the Property, (3) the gross receipts, income, and rentals from the Property, or (4) the use of the Outside Areas, Common Areas, public utilities, or energy within the Property; (b) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the property; (c) new excise, transaction, sales, privilege or other taxes now or hereafter imposed upon Landlord as a substitute for, result of this Lease; and (d) all costs and fees (including attorneys' fees previously approved by Tenant) incurred by Landlord in whole or in part, contesting any Real Property Tax; (B) Impositions Taxes and all similar amounts payable by tenants in negotiating with public authorities as to any Real Property Taxes. If at any time during the Lease term the taxation or assessment of the Project under their leases; and (C) penalties, fines, interest property prevailing as of the Commencement Date shall be altered so that in lieu of or charges due for late payment of 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 alternate, substitute, or additional tax or charge (a) on the value, use or occupancy of the property, (b) on or measured by the gross receipts, income, or rentals from the property, or on Landlord's business of leasing the Property, or (c) computed in any manner with respect to the operation of the Property, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of the Lease. If any Real Property Taxes are payable, Tax is based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the Buildingproperty, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records property as determined by Landlord shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. term "Real Property Taxes also do Taxes." Notwithstanding the foregoing, the term "Real property Taxes" shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state net income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and income from all sources, for any other tenants of the Buildingsimilar or replacement tax or assessment.
Appears in 2 contracts
Samples: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Real Property Taxes. TaxesAll taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's ’s interest in the Project or such personal property, by any federalFederal, state State or local entity, including: (i) all real property taxes and general general, special, supplemental and special escape assessments; (ii) charges, fees or assessments for transit, public improvements, employment, job training, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental servicesbenefits; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any tax, assessment, charge, levy or fee for environmental matters, or as a result of the imposition of mitigation measures, such as parking taxes, employer parking regulations or fees, charges or assessments due to the treatment of the Project, or any portion thereof or interest therein, as a source of pollution or stormwater runoff; (vi) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vivii) reasonable consultants' ’ and attorneys' ’ fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Notwithstanding anything to the contrary in the foregoing, Real Property Taxes do not include: (A) all excess profits, gift, franchise, transfer, inheritance or and succession, estate, capital stock taxesstock, or and federal and state income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; Taxes (B) Impositions excluding gross receipts taxes payable with respect to Rent and all similar other amounts payable by tenants of as Impositions or otherwise pursuant to individual leases at the Project under their leasesProject, which gross receipts taxes and Impositions shall not be included in Real Property Taxes); and (CB) penalties, fines, interest or charges due for late payment of Real Property Taxes by LandlordLandlord and/or failure to file any tax or informational returns when due. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate In addition, Tenant shall have no obligation to pay Real Property Taxes to for any buildings or parking structures that are newly constructed after the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the BuildingLease Date.
Appears in 2 contracts
Samples: Office Lease (PACIFIC GAS & ELECTRIC Co), Agreement to Enter Into Lease and Purchase Option (PACIFIC GAS & ELECTRIC Co)
Real Property Taxes. TaxesCommencing on the Lease Commencement Date, Lessee shall pay Real Property Taxes to the extent the same are in the proportion the square footage of the Premises bears to the square footage of the Building against which such Real Property Taxes are assessed and are fairly attributable to the Term of this Lease. Lessee shall pay one-twelfth (1/12th) of its share of Real Property Taxes each month with and in addition to its monthly payment of Lessee's Share of Expenses. If any such Real Property Taxes have not yet been assessed, such payments shall be based upon Lessor's estimate thereof and adjusted by Lessor after such assessment is made so as to correspond Lessee's payments to its share of the actual amounts levied. "REAL PROPERTY TAXES" shall mean all real and personal property taxes, leasehold excise tax, assessments and charges now or hereafter levied or assessed upon, upon or with respect toto the Land and Building, including the ProjectCommon Areas. Real Property Taxes shall include, or any personal property of Landlord used in the operation thereof or located thereinwithout limitation, or Landlord's interest in the Project or such personal property, taxes on tenant improvements which are paid for by any federal, state or local entity, including: (i) Lessor and not reimbursed by tenants; all general real property taxes taxes, charges, and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or fire, roadways, sidewalks, utility service systems and components, and other governmental services or purported benefits to the ProjectLand or Building, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) and any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; . Real Property Taxes shall not include any local, state or federal income, franchise, profit, estate, inheritance, gift, or transfer taxes of Lessor unless, due to a change in the method of taxation, any such tax is levied or assessed against Lessor as a substitute for, in whole or in part, any other tax that would otherwise constitute a Real Property Tax. If at any time during the Lease Term, any governmental authority levies or assesses against Lessor any tax, fee or excise on (a) rents payable under any lease of space or accruing from the use of space in the Building, (b) the business of renting space in the Building, (c) the act of entering into this Lease or any other lease of space in the Building, or (d) the use or occupancy by tenants of any space in the Building, such tax, fee or excise shall constitute a Real Property Tax. Real Property Taxes shall also include reasonable legal fees, costs and (vi) reasonable consultants' and attorneys' fees and expenses disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Taxes (provided that Lessor agrees to obtain Lessee's prior written consent prior to contesting or attempting to reduce or determine Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the BuildingTaxes).
Appears in 1 contract
Samples: Lease (Infospace Inc)
Real Property Taxes. Taxes(a) As Additional Rent and in accordance with Article 7 of this Lease, Tenant shall pay to Landlord Tenant's Building Proportionate Share of all Real Property Taxes associated with the tax parcel on which the Building is located (which include the Building's proportionate share of the Real Property Taxes relating to the Complex Common Areas). 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 general or special assessments for public improvements and charges any increases resulting from reassessments caused by any change in ownership) now or hereafter hereinafter 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 uponagainst, or with respect toto the value, occupancy or use of, all or any portion of the ProjectBuilding or the Complex Common Areas (as now constructed or as may at any time hereafter be constructed, altered, or any personal property of Landlord used in the operation thereof or located therein, otherwise changed) or Landlord's interest therein; any improvements located within the Building or the Complex Common Areas (regardless of ownership, but without duplication of Tenant's obligations with respect to Tenant's Property, and excluding improvements owned by a tenant other than Tenant); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the Project Building; or such personal propertyparking areas, by any federalpublic utilities, state or local entity, including: (i) all real property taxes energy within the Complex Common Areas; and general and special assessments; (ii) all charges, levies or fees or assessments for transit, housing, day care, open space, art, police, fire imposed by reason of environmental regulation or other governmental services control of the Building or benefits to the Project, including assessments, taxes, feesComplex Common Areas other than any such charges, levies and charges imposed by governmental agencies for such purposes or fees that are excluded under Section 7.8 hereof. If at any time during the term of this Lease the taxation or assessment of the Building or the Complex Common Areas prevailing as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments of the Commencement Date shall be altered so that in lieu of taxes; or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (ivwhether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) any tax, fee an alternate or excise additional tax or charge (x) on the value, use or occupancy of the Building or the Complex Common Areas or (y) on or measured by the gross receipts, income or rentals from the Building or the Complex Common Areas, on Landlord's business of leasing the Building or the Complex Common Areas, or computed in any part manner directly related to the operation of the ProjectBuilding or the Complex Common Areas, then any such tax or on rent for space in change, however, designated, shall be included within the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other meaning of the term "Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income " for purposes of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlordthis Lease. If any Real Property Taxes are payable, Tax is based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingBuilding or the Complex, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Building or the Complex Common Areas shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. term "Real Property Taxes also do Taxes." Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, gift or franchise taxes of Landlord or any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state net income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Buildingincome from all sources.
Appears in 1 contract
Samples: Lease (Genencor International Inc)
Real Property Taxes. The term "Real Property Tax" or "Real Property Taxes" shall each mean Tenant's Project Percentage Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and charges any increases resulting from reassessments caused by any change in ownership or new construction), 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 upon, or with respect to, for whatever reason against the Project, Property or any personal property of Landlord used in the operation thereof or located thereinportion thereof, or Landlord's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and 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 (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the Project method of taxation or such personal propertyassessment, by creation of a new tax or charge, or any federalother cause) an alternate, state substitute, or local entity, including: additional use or charge (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the value, size, use or occupancy of any part of the ProjectProperty or Landlord's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Property, or on rent for space Landlord's business of owning, leasing or managing the Property or (iii) computed in any manner with respect to the Project; (v) operation of the Property, then any other tax, fee such tax or excisecharge, however describeddesignated, that may shall be levied included within the meaning of the terms "Real Property Tax" or assessed as a substitute for, or as an addition to, in whole or in part, any other "Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income " for purposes of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlordthis Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProperty, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Property shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms "Real Property Taxes also do Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes" shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Buildingincome from all sources.
Appears in 1 contract
Samples: Lease (Trident Microsystems Inc)
Real Property Taxes. For purposes of this Lease, "Real Property Taxes" shall consist of all transit charges, assessments housing fund assessments, real estate taxes and charges now or hereafter levied or assessed uponall other taxes relating to the Building, or with respect to, Property and/or the Project, or any personal property of Landlord used in the operation thereof or located thereinas applicable, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property other taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments which may be levied in lieu of real estate taxes; (iv) any tax, fee all assessments, assessment bonds, levies, fees and other governmental charges, including, but not limited to, charges for traffic facilities and improvements, water service studies, and improvements or excise on the use amounts necessary to be expended because of governmental orders, whether general or occupancy special, ordinary or extraordinary, unforeseen as well as foreseen, of any part of the Projectkind and nature for public improvements, services, benefits, or on rent for space in the Project; (v) any other taxpurpose, fee which are assessed, levied, confirmed, imposed or excise, however described, that may be levied become a lien upon the Building or assessed as a substitute for, the Property or as an addition to, become payable during the Term (or which become payable after the expiration or earlier termination hereof and are attributable in whole or in partpart to any period during the Term hereof), together with all costs and expenses reasonably incurred by Landlord in contesting, resisting or appealing any other such taxes, rates, duties, levies or assessments. "Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) " shall exclude any franchise, transferestate, inheritance or capital stock taxessuccession transfer tax of Landlord, or income taxes measured by any federal or state income, profits or revenue tax or charge upon the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if at any Real Property Taxes are imposed time during the Term there is levied or increased due assessed against Landlord a federal, state or local tax or excise tax on rent, or any other tax however described on account of rent or gross receipts or any portion thereof, Tenant shall pay one hundred percent (100%) of the Tenant's Share of any said tax or excise applicable to the construction or installation Tenant's Rent as Additional Rent. Landlord shall provide Tenant with a copy of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant tax statement for each year and any other tenants the computation used to determine Tenant's Share of the Buildingsame.
Appears in 1 contract
Samples: Lease (Eden Bioscience Corp)
Real Property Taxes. Taxes(a) Definition; Payment. Commencing on the Lease Commencement Date, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: Tenant shall pay either (i) to Landlord, or, at Landlord’s election, directly to the taxing authorities, as and when required by the taxing authorities, all “Taxes” (as defined below). As used herein, Taxes shall mean all real property taxes taxes, excises, license and permit fees, utility levies and charges, business improvement districts, transport fees, trip fees, monorail and other light rail fees or assessments, transportation management program fees, school fees, fees assessed by air quality management districts or any governmental agency regulating air pollution or commercial rental taxes, and other governmental charges and assessments, general and special assessments; special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind and nature whatsoever, and installments thereof (ii) chargesincluding any business and occupation tax imposed on Landlord, fees the Building or assessments the Property, and any tax imposed on the rents collected therefrom or on the income generated thereby, whether or not substituted in whole or in part for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, real property taxes, fees, levies as well as assessments and charges any license fee imposed by a local governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise body on the use or occupancy collection of any part of the Projectrent), or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may which shall be levied or assessed as a substitute foragainst all or any portion of the Premises, or as an addition toimposed on Landlord for any period during the Term of this Lease. Said Taxes attributable to the years that this Lease commences and terminates shall, in whole or in partif necessary, any other Real Property Taxes; be prorated and (vi) reasonable consultants' apportioned between Landlord and attorneys' fees Tenant to coincide with the commencement and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants expiration of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the BuildingLease Term.
Appears in 1 contract
Samples: Sublease Agreement (Erickson Inc.)
Real Property Taxes. For purposes of this Lease, "Real Property Taxes" shall consist of all real estate taxes, assessments and charges now all other taxes relating to the Building or hereafter levied or assessed upon, or with respect to, the Project, all other taxes which may be levied in lieu of real estate taxes, all assessments, assessment bonds, levies, fees and other governmental charges including but not limited to, charges for traffic facilities and improvements, water service studies, and improvements or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits, or any personal property of Landlord used in other purpose, which are assessed, levied, confirmed, imposed or become a lien upon the operation thereof Building or located therein, or Landlord's interest in the Project or such personal property, by any federal, state become payable during the Term (or local entity, including: (i) all real property taxes which become payable after the expiration or earlier termination of this Lease and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, are attributable in whole or in partpart to any period during the Term), together with all costs and expenses incurred by Landlord in good faith in contesting, resisting, or appealing any other such taxes, rates, duties, levies or assessments, including, without limitation, reasonable legal fees. "Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) " shall exclude any franchise, transferestate, inheritance or capital stock taxessuccession transfer tax of Landlord, or income taxes measured by any federal or state income, profits or revenue tax or charge upon the net income of Landlord from all sources; provided, unless however, that if at any such taxes are time during the Term there is levied or assessed against Landlord a federal, state or local tax or excise tax on rent, or any other tax however described on account of rent or gross receipts or any portion thereof, Tenant shall pay as a substitute forAdditional Rent one hundred percent (100%) of any said tax or excise applicable to Rent collected from Tenant. If at any time during the Term, the method or scope of taxation shall be altered, modified, or repealed, so as to cause the method or scope of taxation to be changed, in whole or in part, so that in substitution for the real estate taxes now assessed there may be, in whole or in part, a capital levy, tax, assessment, or other imposition of any kind or nature upon, against, or with respect to the Building or the Project or the rents payable by Tenant or on the income derived from the Building or the Project, or with respect to Landlord's ownership interest in the Building or the Project, then such capital levy, tax, assessment, or imposition shall be included within the definition of "Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the BuildingTaxes".
Appears in 1 contract
Real Property Taxes. (a) Mortgagor covenants and agrees to pay before due all real property taxes, assessments, ground rent, if any, water and sewer rents, fees and charges, levies, permit, inspection and license fees and other dues, charges or impositions, including all charges and license fees for the use of vaults, chutes and similar areas adjoining the Land, maintenance and similar charges and charges for utility services, in each instance whether now or in the future, directly or indirectly, levied, assessed or imposed on the Mortgaged Property or Mortgagor and whether levied, assessed or imposed as excise, privilege or property taxes (collectively, "Property Taxes").
(b) After the occurrence and upon the continuance beyond any applicable cure period of one or more Events of Default, then upon notice from Mortgagee, Mortgagor shall, notwithstanding anything to the contrary contained in Section 6(a) above, deposit with Mortgagee or a commercial lending institution designated in such notice by Mortgagee (at Mortgagor's sole cost and expense) on the first day of each month an amount equal to 1/12th of the aggregate annual payments for Property Taxes. In addition, upon notice from Mortgagee, Mortgagor shall deposit with Mortgagee such sum of money which, together with such monthly installments, shall be sufficient to pay all Property Taxes at least thirty (30) days prior to the due date thereof. If the amounts of any Property Taxes are not ascertainable at the time any deposit is required to be made, the deposit shall be made on the basis of 105% of the amount of the Property Taxes for the immediately prior tax year. Upon the amount of the Property Taxes being fixed for the then current-year, Mortgagor shall, upon notice from Mortgagee, deposit any deficiency with Mortgagee. If, on a date thirty (30) days prior to the due date, there shall be insufficient funds on deposit with Mortgagee (or its designee) for the payment of any Property Taxes, assessments Mortgagor shall, upon demand of Mortgagee, forthwith deposit the amount of such deficiency with Mortgagee. The funds deposited with Mortgagee (or its designee) shall be held by it without interest, and, unless prohibited by law, may be commingled with other funds of Mortgagee, and charges now or hereafter levied or assessed upon, or with respect toprovided that there does not then exist an Event of Default in the performance of any of the covenants and agreements of Mortgagor under this Mortgage, the ProjectLoan Documents or (or under any instrument collateral thereto or to this Mortgage), shall be applied in payment of Property Taxes when due to the extent that Mortgagor shall have deposited funds with Mortgagee (or its designee) for such purpose. In the event of any Event of Default and the continuance thereof by Mortgagor under this Mortgage, or any personal property Event of Landlord used in Default and the operation continuance thereof or located therein, or Landlord's interest in the Project or such personal property, by Mortgagor under any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the ProjectLoan Documents or any instrument collateral thereto or to this Mortgage, the funds deposited (pursuant to this Section 6(b)) with Mortgagee (or on rent for space in the Project; (vits designee) any other taxmay, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of Mortgagee, be retained and applied toward the taxpayer be paidpayment of any or all of the Secured Obligations and any accrued but unpaid interest and other charges thereon, in installmentssuch order of priority as Mortgagee shall determine, but no such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, application shall be deemed to have been paid in installments, amortized over made by operation of law or otherwise until actually made by Mortgagee. Mortgagor shall furnish Mortgagee with a bill for the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes or such other documents necessary for its payment, if available, at least thirty (30) days prior to the Buildingdate it first becomes due. Upon an assignment of this Mortgage, Landlord Mortgagee shall make have the determination of right to transfer the proper allocation then balance of such Real Property Taxes based, deposits in its possession to the extent possibleassignee. Upon the making of such transfer, upon records of the taxing authority andMortgagee shall be completely released from all liability with respect to such deposits, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due Mortgagor shall look solely to the construction assignee with respect thereto. The provisions of the preceding sentence shall apply to each and every assignment or installation transfer of tenant improvements such deposits to a new assignee.
(c) Notwithstanding the provisions of subparagraph (a) of Section 6, Mortgagor shall have the right, in good faith, to contest by appropriate legal proceedings, after notice to, but without cost or expense to, Mortgagee, the amount or validity of any of the Property Taxes and to postpone the payment of same, provided that: (i) such contest shall operate to prevent the collection thereof or other alterations by tenants realization thereon, the sale of the Project other than Tenant lien thereof, and any other tenants the sale or occupants forfeiture of the BuildingMortgaged Property or any part thereof; provided(ii) such contest shall be promptly and diligently prosecuted by and at the expense of Mortgagor;
(iii) Mortgagee shall not thereby suffer any civil, howeveror be subjected to any criminal, that if penalties or sanctions;
(iv) Mortgagor shall promptly, and in any Real event on demand, pay such contested Property Taxes are imposed if at any time all or increased due to any part of the construction or installation of tenant improvements or other alterations in the Building, such Real Mortgaged Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant danger of being foreclosed, sold, forfeited, or otherwise lost or if such contest shall be discontinued; and
(v) Mortgagor shall properly protect and hold harmless Mortgagee against any other tenants liability and claims arising out of the Building.postponement of the payment of such Property Taxes;
Appears in 1 contract
Real Property Taxes. TaxesAll general property and improvement taxes and all forms of assessment, assessments and charges now special assessment or hereafter levied reassessment, license fee, license tax, business license tax, commercial rental tax, in lieu tax, levy, charge, penalty (to the extent not imposed as a result of Landlord’s negligence) or assessed uponsimilar imposition, imposed by any authority having the direct power to tax, including any city, county, state or with respect to, the Projectfederal government, or any personal property school, Initials: PD/VV KH/MN agricultural, lighting, drainage or other improvement or special assessment district thereof, or any agency or public body, as against any legal or equitable interest of Landlord used in the operation thereof Premises and all improvements thereon and thereto as they presently exist or located thereinas they may be expanded, developed, constructed or altered from time to time, including but not limited to: (a) any tax on Landlord's interest in ’s rent, right to rent or other income from the Premises or all or any portion of the Project or such personal propertyas against Landlord’s business of leasing the Premises, by any but specifically excluding Landlord’s federal, state or local entitycity income, including: franchise, corporate, personal property, stock transfer, revenues, inheritance or estate taxes; (ib) all any assessments, taxes, fees, levies or charges in addition to, or in substitution, partially or totally, for any assessment, tax, fee, levy or charge previously included within the definition of real property taxes tax before adoption of Proposition 13 by the voters of the State of California in the June 1978 election, it being acknowledged by Tenant and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including Landlord that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes services as fire protection, street, sidewalk, road, utility construction sidewalk and road maintenance, refuse removal and for other governmental servicesservices that were before Proposition 13 provided without charge to property owners or occupants; and (iii) service payments in lieu of taxes; (ivc) any assessment, tax, fee fee, levy or charge upon this transaction or any document to which Tenant is a party which is imposed on the creation or transfer of an interest or an estate in the Premises. It is the intention of Tenant and Landlord that all new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Real Property Taxes for the purposes of this Lease. Real Property Taxes for the first year of the Term shall be calculated as if the Premises and related improvements were fully assessed. If at any time during the Term the laws concerning the methods of real property taxation prevailing at the commencement of the Lease Term are changed so that a tax or excise on the use rents or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are is levied or assessed against Landlord as a substitute for, substitution in whole or in partpart for any real property taxes, then Real Property Taxes shall include, but not be limited to, any Real Property Tax; (B) Impositions and such assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or the rent payable hereunder, including, without limitation, any gross income tax with respect to the receipt of such rent, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof. With respect to any assessments that may be levied against or upon the Premises, the Building or all similar amounts payable by tenants or any portion of the Project and that under their leases; and (C) penaltiesthe laws then in force may be evidenced by improvement or other bonds, finesor may be paid in annual installments, interest or charges due for late payment there shall be included within the definition of Real Property Taxes by Landlord. If with respect to any Real Property Taxes are payabletax fiscal year only the amount currently payable on such tax, bond or may at assessment, including interest, for such tax fiscal year or the option of the taxpayer be paid, in installments, current annual installment for such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingfiscal year.
Appears in 1 contract
Real Property Taxes. TaxesLessor shall pay the Real Property Tax, assessments as defined in paragraph 4.4 (a), applicable to the Building Project subject to reimbursement by Lessee of Lessee's Share of such taxes in accordance with the provisions of paragraph 4.2(a) and charges now or hereafter levied or assessed upon, or with respect to(b)(iv).
(a) As used herein, the Projectterm "Real Property Tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Building Project or any portion thereof by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any personal school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Lessor in the Building Project or in the real property of Landlord used which the Building Project is a part, as against Lessor's right to rent or other income therefrom and against Lessor's business of leasing the Building Project. The term "Real Property Tax" shall also include any tax, fee, levy assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the operation thereof or located thereindefinition of "Real Property Tax", or Landlord(ii) the nature of which was hereinbefore included within the definition of "Real Property Tax,. or (iii) which is imposed as a result of a transfer, either partial or total, of Lessor's interest in the Building Project or the Land or capital improvement made thereto or which is added to a tax or charge hereinbefore included within the definition of real property tax by reason of such personal propertytransfer or capital improvement, or (iv) which is imposed by reason of this transaction, any federalmodifications or changes hereto, state or local entityany transfers hereof. To the extent any tax is imposed on the rents collected by Lessor from the Premises, including: (i) all Building or Building Project, Lessee shall only be obligated to pay such tax to the extent it is in lieu of ad valorem real property taxes as presently assessed and general and special assessments; (ii) chargescollected in Los Angeles County, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the BuildingCalifornia.
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Real Property Taxes. Real Property Taxes" shall mean all ad valorem taxes, assessments (special or otherwise) and charges now other governmental imposts payable with respect to the Land or hereafter the Building, which are levied or assessed upon, by the United States of America or with respect to, the Project, State of Minnesota or any personal property of Landlord used in the operation political subdivision thereof or located therein, or Landlord's interest in the Project or such personal property, by and are due and payable during any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, calendar year included in whole or in part, any other part in the Term. Real Property Taxes; Taxes shall also include reasonable legal fees, costs and (vi) reasonable consultants' and attorneys' fees and expenses disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: , but shall exclude (Aa) franchiseany item included in Operating Expenses; (b) any taxes of the nature payable by Tenant under Article 17 hereof; (c) any net income tax, transferestate tax, gift tax, transfer tax, or inheritance or capital stock tax; (d) a reasonable allocation of such taxes, or income taxes measured by assessments and imposts to the net income Parking Garage (based upon the relative values of Landlord from all sources(i) the Parking Garage, unless any such taxes are levied or assessed against Landlord as a substitute forto (ii) the entire Building, in whole or in part, any Real Property Taxincluding the Parking Garage); (Be) Impositions and all similar any increased amounts payable by tenants of such taxes, assessments or imposts resulting from any agreement with any governmental authority or unit setting a minimum assessed value for the Project under their leases; and (C) penaltiesBuilding or Land, fines, interest or charges due for late payment otherwise fixing the amount of Real Property Taxes payable with respect thereto, except as expressly provided under Section 7.9; (f) any ad valorem taxes allocable to the improvements existing on the Land as of the date of this Lease; (g) any taxes, assessments or imposts levied, pending or constituting a lien against the Building or Land as of the date of this Lease; and (h) assessments (including special assessments), whenever levied, arising out of or in respect of any capital improvement necessary to, or required by Landlordany state or local governmental unit, agency or taxing authority in connection with the initial development or construction of the Building (including any amounts associated with any condemnation proceeding used to obtain control of the Land), or any expansion or enlargement thereof. If any In the case of Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installmentsTaxes, such Real Property Taxes shallas special assessments, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Buildingwhere Landlord has an election, Landlord shall make exercise any election available to it to pay the determination of same over the proper allocation longest period available, in which event only the installment of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Tax due and payable in any year shall be included in Real Property Taxes also do not include any increases for such year, with the installments due and payable in the taxesyear the Term commences or ends prorated on a daily basis, assessmentsprovided that in the case of special or area assessments for capital improvements where there is no such election available to Landlord, chargesTenant may at its election require the same to be treated as if there were such assessment, excises and levies assessed against together with interest thereon at the Project due solely Amortization Interest Rate, to be amortized on a level payment basis over a period equal to the construction lesser of (y) twenty (20) years, or installation of tenant improvements or other alterations by tenants (z) the reasonably estimated practical useful life of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingimprovement.
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Real Property Taxes. TaxesTenant shall pay to Landlord, assessments and charges now or hereafter levied or assessed uponas additional ------------------- rent, or with respect to, the Project, or any personal property Tenant's Pro Rata Share of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes which, during the term of this Lease, are levied, assessed or imposed upon or against the Premises, the Parcel and general and special assessments; the Complex. Tenant shall pay its Pro Rata Share of such taxes to Landlord on or before the later of (iia) charges, fees ten days after receipt of billing (which shall include a copy of the tax collector's statement) or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits (b) ten days prior to the Project, including assessments, delinquency date of such taxes, fees, levies and charges imposed by governmental agencies for . In the event any such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu real property taxes cover any period of taxes; (iv) any tax, fee time prior to commencement or excise on after the use or occupancy of any part expiration of the Projectterm of this Lease, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income Tenant's share of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated to cover only the period of time within the fiscal tax year during which the Lease is in Landlord's reasonable judgment between effect. As used in this Lease, the term "real property tax" shall include any form of assessment, levy, penalty or tax (other than inheritance, estate, net income or franchise taxes) imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government or any school, agricultural, lighting, drainage or other improvement district thereof, including, without limitation, any tax:
A. Upon, allocable to, or measured by the Premises or the Parcel or the rental payable hereunder, including without limitation, any gross income tax or excise tax levied by the state, any political subdivision thereof, city or federal government with respect to the receipt of such rental; or
B. Upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant and any other tenants of the BuildingPremises or any portion thereof; or
C. Upon or measured by the value of Tenant's personal property, equipment or fixtures located in the premises; or
D. Upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises.
E. Notwithstanding the foregoing, in the event Landlord sells or otherwise transfers the Premises or any portion thereof, Tenant shall have no obligation, during the initial term of the Lease, to pay that portion, as reasonably determined by Landlord based upon the county tax assessor's tax statement for the Premises, of the real property taxes attributable to a reassessment following such sale. This Section 4.1(E) shall be inapplicable during the Option Term.
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Samples: Sublease (Nvidia Corp/Ca)
Real Property Taxes. (a) Commencing February 1, 1986 Tenant shall pay to Landlord Tenant's Share of all Reax Xxxxerty Taxes (as hereafter defined) levied with respect to the Project. Tenant shall pay to Landlord all Real Property Taxes on or before the alter of (1) ten (10) days prior to delinquency thereof, or (2) the date on which Tenant receives a copy of the xxx xill or other reasonable evidence of the amount Real Property Taxes due and payable by Tenant hereunder.
(b) 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 general or special assessments for public improvements, services, or benefits and charges any increases resulting from reassessments caused by any change in ownership, new construction, or change 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 upon, against or with respect toto (a) the value, occupancy or use of the ProjectProject (as now constructed or as may at any time hereinafter be constructed, altered, or any otherwise changed), (b) the fixtures, equipment, and other real or personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any that are an integral part of the Project, (c) the gross receipts, income, and rentals from the Project, or on rent for space in (d) the use of the Outside Areas, public utilities, or energy within the Project; (vii) any all charges, levies or fees imposed by reason of environmental regulation or other tax, fee or governmental control of the Project; (iii) new excise, however describedtransaction, that may be levied sales, privilege or assessed other tax now or hereafter imposed upon Landlord as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxesresult of this Lease; and (viiv) reasonable consultants' all costs and fees (including attorneys' fees fees) incurred by Landlord in contesting any Real Property Taxes and expenses incurred in connection negotiating with proceedings public authorities as to contest, determine or reduce any Real Property Taxes. If at any time during the lease term the taxation or assessment of the Project prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property Taxes do not include: described above there shall be levied, assessed or imposed (A) franchisewhether by reason of a change in the method of taxation or assessment, transfer, inheritance creation of a new tax or capital stock taxescharge, or income taxes any other cause) an alternate, substitute, or additional tax or charge (i) on the value, use or occupancy of the Project, (ii) on or measured by the net income gross receipts, income, or rentals from the Project, or on Landlord's business of Landlord from all sourcesleasing the Project, unless or (iii) computed in any manner with respect to the operation of the Project, then any such taxes are levied tax or assessed against Landlord as a substitute forcharge, in whole or in parthowever designated, any shall be included within the meaning of the term "Real Property Tax; (B) Impositions and all similar amounts payable by tenants Taxes" for purposes of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by LandlordLease. If any Real Property Taxes are payable, Tax is based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProject, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Project shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. term "Real Property Taxes also do Taxes." Notwithstanding the foregoing, the term "Real Property Taxes" shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state net income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Buildingincome from all sources.
Appears in 1 contract
Real Property Taxes. Taxes, assessments and charges now or hereafter levied or assessed uponTenant shall pay directly to each County Tax Collector, or with respect toother appropriate assessing authority, as it becomes due and not less than ten (10) days before delinquency, the Projectamount of the Real Property Tax, or any personal property of Landlord used as defined in the operation thereof or located thereinSubsection 16.1, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits applicable to the ProjectPremises during the term of this Lease. Notwithstanding the foregoing, including assessments, taxes, fees, levies and charges imposed by governmental agencies Tenant shall have no obligation to pay for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of the period prior to the Commencement Date, even if those Real Property Taxes are not assessed until after the Commencement Date. Further, Tenant shall have no obligation to pay any penalties or interest assessed with respect to the Premises for a period prior to the Commencement Date, even if such penalties or interest are not assessed until after the Commencement Date. If payments made by LandlordTenant are applied by the assessing authority to unpaid Real Property Taxes (including without limitation, any interest or penalties thereon) respecting a period prior to the Commencement Date, then Landlord shall be responsible for the Real Property Taxes (and all resulting interest and penalties thereon) which Tenant had attempted to pay, but which were diverted to pay earlier Real Property Taxes (including without limitation, all interest and penalties included therein). If any Real Property Taxes are payableconstituting assessments are, or may at the option election of the taxpayer be paidtaxpayer, payable in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make an election to make such payments in installments and Tenant shall be responsible for the determination payment of the proper allocation installments of such Real Property Taxes basedas shall be due and payable during the term of this Lease.
16.1 As used herein, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. “Real Property Taxes also do not include Tax” shall mean any increases form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority having the direct or indirect power to tax, including any city, state or federal government or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord in the taxesPremises or in the real property of which the Premises are a part, assessments, charges, excises and levies assessed as against the Project due solely Landlord’s right to the construction or installation of tenant improvements rent or other alterations income therefrom, and as against Landlord’s business of leasing the Premises, including any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included, (ii) the nature of which was hereinbefore included within this definition, or (iii) which is imposed by tenants reason of the Project other than Tenant and this lease transaction, any other tenants modifications or occupants of the Building; providedchanges hereto, however, that if or any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingtransfers hereof.
Appears in 1 contract
Samples: Lease Agreement (Tribune Co)
Real Property Taxes. TaxesAll general property and improvement taxes and all forms of assessment, assessments and charges now special assessment or hereafter levied reassessment, license fee, license tax, business license tax, commercial rental tax, in lieu tax, levy, charge, penalty (to the extent not imposed as a result of Landlord's negligence) or assessed uponsimilar imposition, imposed by any authority having the direct power to tax, including any city, county, state or with respect to, the Projectfederal government, or any personal property school, agricultural, lighting, drainage or other improvement or special assessment district thereof, or any agency or public body, as against any legal or equitable interest of Landlord used in the operation thereof Premises and all improvements thereon and thereto as they presently exist or located thereinas they may be expanded, developed, constructed or altered from time to time, including but not limited to: (a) any tax on Landlord's interest in rent, right to rent or other income from the Premises or all or any portion of the Project or such personal propertyas against Landlord's business of leasing the Premises, by any but specifically excluding Landlord's federal, state or local entitycity income, including: franchise, corporate, personal property, stock transfer, revenues, inheritance or estate taxes; (ib) all any assessments, taxes, fees, levies or charges in addition to, or in substitution, partially or totally, for any assessment, tax, fee, levy or charge previously included within the definition of real property taxes tax before adoption of Proposition 13 by the voters of the State of California in the June 1978 election, it being acknowledged by Tenant and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including Landlord that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes services as fire protection, street, sidewalk, road, utility construction sidewalk and road maintenance, refuse removal and for other governmental servicesservices that were before Proposition 13 provided without charge to property owners or occupants; and (iii) service payments in lieu of taxes; (ivc) any assessment, tax, fee fee, levy or charge upon this transaction or any document to which Tenant is a party which is imposed on the creation or transfer of an interest or an estate in the Premises. It is the intention of Tenant and Landlord that all new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Real Property Taxes for the purposes of this Lease. Real Property Taxes for the first year of the Term shall be calculated as if the Premises and related improvements were fully assessed. If at any time during the Term the laws concerning the methods of real property taxation prevailing at the commencement of the Lease Term are changed so that a tax or excise on the use rents or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are is levied or assessed against Landlord as a substitute for, substitution in whole or in partpart for any real property taxes, then Real Property Taxes shall include, but not be limited to, any Real Property Tax; (B) Impositions and such assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or the rent payable hereunder, including, without limitation, any gross income tax with respect to the receipt of such rent, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof. With respect to any assessments that may be levied against or upon the Premises, the Building or all similar amounts payable by tenants or any portion of the Project and that under their leases; and (C) penaltiesthe laws then in force may be evidenced by improvement or other bonds, finesor may be paid in annual installments, interest or charges due for late payment there shall be included within the definition of Real Property Taxes by Landlord. If with respect to any Real Property Taxes are payabletax fiscal year only the amount currently payable on such tax, bond or may at assessment, including interest, for such tax fiscal year or the option of the taxpayer be paid, in installments, current annual installment for such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingfiscal year.
Appears in 1 contract
Real Property Taxes. Tenant shall pay directly to the charging authority Tenant's Share of all Real Property Taxes (as hereinafter defined) which become due during the Lease term. If Landlord is required to make such payments because Tenant fails to do so, such payments shall be reimbursed by Tenant to Landlord promptly on demand, as Additional Rent in accordance with Paragraph 4.2 hereof. The term "Real Property Taxes" as used herein shall mean (1) 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 charges any increases resulting from reassessments caused by any change in ownership of the Property) now or hereafter imposed by any governmental or quasi-governmental authority or special 105 or community facilities district having the direct or indirect power to tax or levy assessments, which are levied or assessed uponagainst, or with respect toto (a) the value, occupancy, ownership or use of, all or any portion of the ProjectProperty (as now constructed or as may at any time hereafter be constructed, altered, or any personal property of Landlord used in the operation thereof or located therein, otherwise changed) or Landlord's interest therein; (b) any improvements located on the Property (regardless of ownership); (c) the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of the Property; (d) the gross receipts, income and rentals from the Property, or (e) the use of public utilities or energy in the Project or such personal property, by any federal, state or local entity, including: Buildings; (i2) all real property taxes and general and special assessments; (ii) charges, levies or fees in the nature of a tax or assessments for transit, housing, day care, open space, art, police, fire assessment imposed by reason of environmental regulation or other governmental services control of the Property; (3) excise, transaction, sales, privilege or benefits other taxes now or hereafter imposed upon Landlord as a result of this Lease; and (4) 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, but only to the Project, including assessments, taxes, fees, levies and charges imposed extent of savings realized by governmental agencies for such purposes Tenant as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments a result thereof. If at any time during the Lease term the taxation or assessment of the Property prevailing as of the Commencement Date shall be altered so that in lieu of taxes; or in addition to any Real Property Taxes described above there shall be levied, assessed or imposed (ivwhether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) any taxan alternate, fee substitute or excise additional tax or charge (a) on the value, use or occupancy of the Property or Landlord's interest therein; (b) on or measured by the gross receipts, income or rentals from the Property; (c) on Landlord's business of leasing the Property; or (d) computed in any part manner with respect to the operation of the ProjectProperty, then any such tax or on rent for space in the Project; (v) any other tax, fee or excisecharge, however describeddesignated, that may shall be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other included within the meaning of the term "Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest". Notwithstanding the foregoing, determine or reduce the term "Real Property Taxes. Real Property Taxes do " shall not include: (A) franchiseinclude estate, transferinheritance, inheritance gift or capital stock taxes, franchise taxes of Landlord or income taxes measured by the federal or state net income of Landlord tax imposed on Landlord's income from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Lease Agreement (Emcon)
Real Property Taxes. (a) As used in this Lease, the term "Taxes" shall mean all real estate or equivalent taxes and assessments, assessments and charges now or hereafter levied or assessed uponregardless of how designated, or with respect including but not limited to, any general or special assessments, water and sewer rents and other governmental impositions imposed, levied and/or assessed upon the ProjectProject of every kind and nature whatsoever, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term be levied, assessed or imposed on or against the Project or any portion thereof designated for Tenant's usage or for common usage. The term Taxes includes, without limitation, any form of tax or assessment and/or payment-in-lieu-of-tax payments, license fee, license tax, possessory interest tax, business improvement district tax, levy or assessment, tax or excise on rental, or any personal property other levy, charge, expense or imposition imposed by any Federal, state, county or city authority having jurisdiction, or any political subdivision thereof, or any school, agricultural, lighting, drainage or other improvement or special assessment district on any interest of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space Tenant in the Project; (v) any other tax. In the case of special assessments payable as part of Taxes, fee where Landlord may elect to pay the entire amount of such assessments at one time or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by pay the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, same in installments, then Landlord shall pay such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid amount in installments, amortized over and Taxes shall include only the maximum time period allowed by applicable lawinstallment due and payable in such year, with the installments due and payable in the year the Term commences or ends prorated on a daily basis, and Tenant shall only be responsible for such installments which are due and payable within the Term. If the tax statement from The term Taxes shall not include Landlord's general income taxes, inheritance, estate or gift taxes. Landlord estimates that Tenant's Share of Taxes for calendar year 2020 is $ per square foot. Tenant shall be responsible for any increase in Taxes as a taxing authority does not allocate Real Property Taxes direct result of Tenant's improvements to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the BuildingPremises.
Appears in 1 contract
Samples: Lease Agreement (Mitesco, Inc.)
Real Property Taxes. TaxesAll general property and improvement taxes and all forms of assessment, assessments and charges now special assessment or hereafter levied reassessment, license fee, license tax, business license tax, commercial rental tax, in lieu tax, levy, charge, penalty (to the extent not imposed as a result of Landlord’s negligence) or assessed uponsimilar imposition, imposed by any authority having the direct power to tax, including any city, county, state or with respect to, the Projectfederal government, or any personal property school, agricultural, lighting, drainage or other improvement or special assessment district thereof, or any agency or public body, as against any legal or equitable interest of Landlord used in the operation thereof Premises and all improvements thereon and thereto as they presently exist or located thereinas they may be expanded, developed, constructed or altered from time to time, including but not limited to: (a) any tax on Landlord's interest in ’s rent, right to rent or other income from the Premises or all or any portion of the Project or such personal propertyas against Landlord’s business of leasing the Premises, by any but specifically excluding Landlord’s federal, state or local entitycity income, including: franchise, corporate, personal property, stock transfer, revenues, inheritance or estate taxes; (ib) all any assessments, taxes, fees, levies or charges in addition to, or in substitution, partially or totally, for any assessment, tax, fee, levy or charge previously included within the definition of real property taxes tax before adoption of Proposition 13 by the voters of the State of California in the June 1978 election, it being acknowledged by Tenant and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including Landlord that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes services as fire protection, street, sidewalk, road, utility construction sidewalk and road maintenance, refuse removal and for other governmental servicesservices that were before Proposition 13 provided without charge to property owners or occupants; and (iii) service payments in lieu of taxes; (ivc) any assessment, tax, fee fee, levy or charge upon this transaction or any document to which Tenant is a party which is imposed on the creation or transfer of an interest or an estate in the Premises. It is the intention of Tenant and Landlord that all new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Real Property Taxes for the purposes of this Lease. Real Property Taxes for the first year of the Term shall be calculated as if the Premises and related improvements were fully assessed. If at any time during the Term the laws concerning the methods of real property taxation prevailing at the commencement of the Lease Term are changed so that a tax or excise on the use rents or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are is levied or assessed against Landlord as a substitute for, substitution in whole or in partpart for any real property taxes, then Real Property Taxes shall include, but not be limited to, any Real Property Tax; (B) Impositions and such assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or the rent payable hereunder, including, without limitation, any gross income tax with respect to the receipt of such rent, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof. With respect to any assessments that may be levied against or upon the Premises, the Building or all similar amounts payable by tenants or any portion of the Project and that under their leases; and (C) penaltiesthe laws then in force may be evidenced by improvement or other bonds, finesor may be paid in annual installments, interest or charges due for late payment there shall be included within the definition of Real Property Taxes by Landlordwith respect to any tax fiscal year only the amount currently payable on such tax, bond or assessment, including interest, for such tax fiscal year or the current annual installment for such tax fiscal year. If any Notwithstanding anything to the contrary set forth in this Lease, “Real Property Taxes are payableTaxes” shall not include (i) any excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance or may at the option of the taxpayer be paidsuccession taxes, in installmentsestate taxes, such Real Property Taxes shallfederal and state income taxes, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, and other taxes to the extent possibleapplicable to Landlord’s general or net income (as opposed to rents or receipts), (ii) taxes on tenant improvements in any space in the Project based upon records an assessed level in excess of the taxing authority andassessed level for which Tenant is directly responsible under this Lease, if not so availableor (iii) penalties incurred as a result of Landlord’s negligence, inability or unwillingness to make payments of, and/or to file any tax or informational returns with respect to, any real property taxes, when due. In the event Landlord receives a refund or other return of Taxes (including any award received as a result of Landlord’s successful protest of the amount of Taxes) for which Tenant previously paid, then on an equitable basis. Real Property Taxes also do not include such refunded amount (plus any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely interest corresponding to such amount to the construction or installation of tenant improvements or other alterations by tenants of extent received from the Project other than Tenant and any other tenants or occupants of the Building; providedtaxing authority, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations less Landlord’s costs incurred in the Building, procuring such Real Property Taxes refund) shall be equitably prorated applied to reduce the amount of Taxes for the Lease Year in Landlord's reasonable judgment between which such refunded amount is received prior to calculating the actual Taxes for such Lease Year, or if received after the expiration or earlier termination of this Lease shall be refunded to Tenant and any other tenants within thirty (30) days following receipt of such refund from the Buildingtaxing authority.
Appears in 1 contract
Samples: Standard Industrial Lease (Alphatec Holdings, Inc.)
Real Property Taxes. The term “Real Property Taxes” means taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used exclusively in the operation, maintenance and repair of the Building itself (as opposed to personal property used by Landlord in the operation thereof or located thereinof Landlord’s business as an occupant of the Building), or Landlord's ’s interest in the Project or such personal property, by any federal, state or local entity, including: (ia) all real property taxes and general general, special, supplemental and special escape assessments; (iib) charges, fees or assessments for transit, public improvements, employment, job training, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental servicesbenefits; (iiic) service payments in lieu of taxes; (ivd) any tax, fee or excise on the use or occupancy of any part of the Project; (e) any tax, assessment, charge, levy or fee for environmental matters, or on rent for space in as a result of the imposition of mitigation measures, such as parking taxes, employer parking regulations or fees, charges or assessments due to the treatment of the Project, or any portion thereof or interest therein, as a source of pollution or stormwater runoff; (vf) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vig) reasonable third party consultants' ’ and attorneys' ’ fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (Ai) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property TaxTaxes; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (Cii) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Lease Agreement (Eventbrite, Inc.)
Real Property Taxes. Taxes(a) Landlord shall pay the real property tax, assessments as defined in Section 5.2(b), applicable to the Project, subject to reimbursement by Tenant of Tenant's Share of increases in such Taxes in accordance with the provisions of Section 5.1.
(b) Real property tax" shall include any form of real property tax or assessment, general, special, or otherwise, and charges now any license fee, commercial rental tax, improvement bond or hereafter bonds, levy or tax levied or assessed upon, upon or with respect toto the Building, the Project, and the Land, imposed upon or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes respect to the Building, the Project, and the Land, imposed by Federal, State and/or local governments, as well as school districts and/or other taxing authorities (but shall not include income, franchise, capital stock, estate or inheritance taxes or taxes based upon receipts of rentals, unless the same be in substitution for or in lieu of a real property tax or assessment), and any personal property taxes imposed upon the fixtures, machinery, equipment. apparatus, systems and appurtenances in, upon or used in connection with the Building and the Project for the operation thereof. However, if, because of any change in the method of taxation of real property, any other or additional tax or assessment is imposed upon Landlord shall make or upon or with respect to the determination Building, the Project, and/or the Land or the rents or income therefrom, in addition to or in substitution for, or in lieu of any tax or assessment which would otherwise be a real property tax, or personal property tax of the proper allocation type referred to above, such other tax or assessment shall also be deemed a real property tax. As used herein, the term "real property tax" shall be deemed to include "real estate tax”.
(c) Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of such Real Property Taxes basedTenant contained in the Premises or related to Tenant's use of the Premises. If any of Tenant's personal property shall be assessed with Landlord's real property, Tenant shall pay to Landlord the taxes attributable to Tenant within ten (10) days after receipt of a written statement from Landlord setting forth the taxes applicable to Tenant's property.
(d) From time to time Landlord may challenge the assessed value of the Project as determined by applicable taxing authorities and/or Landlord may attempt to cause the real property taxes to be reduced on other grounds. If Landlord is successful in causing the real property taxes to be reduced or in obtaining a refund, rebate, credit or similar benefit (hereinafter collectively referred to as a "reduction"), Landlord shall, to the extent possiblepracticable, upon records credit the reduction(s) to real property taxes for the calendar year to which a reduction applies and recalculate the Expense Increases owed by Tenant for years after the year in which the reduction applies based on the reduced real property taxes (if a reduction applies to Tenant's Base Year, the Base Year Expenses shall be reduced by the amount of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in reduction and Tenant's Share of Expense Increases shall be recalculated for all Comparison Years following the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants year of the Project other than Tenant and any other tenants or occupants of reduction based on the Building; provided, however, that if any Real Property Taxes are imposed or increased due to lower Base Year amount). All reasonable costs incurred by Landlord in obtaining the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes real property taxes reductions shall be equitably prorated considered an Operating Expense and Landlord shall determine, in Landlord's its sole discretion to which years any reductions will be applied. In addition, all reasonable judgment between Tenant accounting and any related costs incurred by Landlord in calculating new Base Years for tenants and in making all other tenants of the Buildingadjustments shall be an Operating Expense.
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Real Property Taxes. As Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord, monthly in advance or as they become due, pursuant to statements submitted by Landlord, Tenant’s Proportionate Share of all Real Property Taxes relating to the Premises accruing with respect to the Premises during the Term of this Lease and the Extended Term (if any). The term “Real Property Taxes” shall also include supplemental taxes related to the period of Tenant’s Lease Term whenever levied, including any such taxes that may be levied after the Lease Term has expired. 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 general or special assessments for public improvements and charges any increases resulting from reassessments caused by any change in ownership of the Premises) 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 uponagainst, or with respect toto the value, occupancy or use of, all or any portion of the ProjectComplex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any personal improvements located within the Complex (regardless of ownership); the fixtures, equipment and other property of Landlord used Landlord, real or personal, that are an integral part of and located in the operation thereof Complex; or located thereinparking areas, public utilities, or Landlord's interest in energy within the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessmentsComplex; (ii) all charges, levies or fees or assessments for transit, housing, day care, open space, art, police, fire imposed by reason of environmental regulation or other governmental services or benefits to control of the Project, including assessments, taxes, fees, levies Complex and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the Term of this Lease the taxation or assessment of the Complex prevailing as of the Commencement Date of this Lease shall be altered so that in lieu of taxes; or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (ivwhether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) any tax, fee an alternate or excise additional tax or charge (i) on the value, use or occupancy of the Complex or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Complex, on Landlord’s business of leasing the Complex, or computed in any part manner with respect to the operation of the ProjectComplex, then any such tax or on rent for space in the Project; (v) any other tax, fee or excisecharge, however describeddesignated, that may shall be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other included within the meaning of the term “Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income ” for purposes of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlordthis Lease. If any Real Property Taxes are payable, Tax is based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingComplex, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Complex shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. term “Real Property Taxes also do Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include any increases in estate, inheritance, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state net income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Building’s income from all sources.
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Real Property Taxes. Subtenant shall pay Sublandlord as Additional Rent (as defined in Section 4.2(d), below), in the manner described below, an amount equal to Subtenant’s Pro Rata Share of Real Property Taxes, assessments defined below, payable by Sublandlord for the Property in any full or partial calendar year. “Real Property Taxes” shall mean real and personal property taxes, assessments, including omit tax (but excluding any such omit tax properly allocable to periods prior to the Commencement Date of this Sublease), and other governmental impositions and charges of every kind and nature, now or hereafter imposed, including surcharges with respect thereto and interest thereon with respect to assessments amortized over a period exceeding one year, which may during the Term of this Sublease be levied, assessed, imposed, or otherwise become due and payable with respect to the Property, including the Subtenant improvements, and the Property and all improvements, fixtures, and equipment thereon, or the use, occupancy or possession thereof; taxes on Property of Subtenant which have not been paid by Subtenant directly to the taxing authority; any taxes levied or assessed uponupon or measured by the Premises, the Building, or with respect to, the ProjectProperty, or any personal property of Landlord used amounts received by Sublandlord in the operation thereof connection therewith or located thereinhereunder, but not including any federal or state net income, estate, inheritance, succession, transfer, gift, franchise, or Landlord's interest in the Project capital stock tax, or such personal propertyany income taxes arising out of or related to ownership and operation of income-producing real estate, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits Real Property Taxes allocable to any time prior to the Project, including assessments, taxes, fees, levies Commencement Date hereof or after the expiration or earlier termination hereof. All Real Property Taxes due hereunder shall be determined with respect to the period for which such taxes are (or would have been if timely levied) due and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction payable; and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be taxes levied or assessed in lieu of, or as a substitute for, or as an addition to, the foregoing in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by Notwithstanding the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute forforegoing, in whole or in part, any Real Property Tax; (B) Impositions the event rental income becomes subject to Washington business and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installmentsoccupation tax, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the business and occupation tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingsubject to this Section 4.2(a).
Appears in 1 contract
Samples: Sublease Agreement (Jones Soda Co)
Real Property Taxes. TaxesTenant will pay, assessments as additional rent, Sixteen and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property Seven- Tenths Percent (16.7%) of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; . (ii"Real Property Taxes") chargeslevied and assessed against the Premises, fees the Building, the land underlying the Building, any legal or assessments equitable interest of Landlord in the building and the land underlying the Building, and any portion of such Building, land or legal or interest, prorated during the first and last years of the Term so that Tenant pays only for transitthose days actually within the Term, housingplus one hundred percent (100%) of all Real Property Taxes and general and special assessments, day care, open space, art, police, fire or other governmental services or benefits and one hundred percent (100%) of any increased Real Property Taxes in Lease years subsequent to the Projectyear in which such general or special assessments are made, including assessmentswhich are caused by or attributable to Tenant's Improvements and any Subsequent Alterations to the Premises made by Tenant, taxesall of which shall be considered "Tenant's Percentage Share" of Real Property Taxes. Periodically, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part Landlord will notify Tenant of the Projectamount of Real Property Taxes and provide Tenant with a copy of the tax bill, or on rent for space in and Tenant will pay Tenant's Percentage Share to Landlord not later than ten (10) days after the Project; (v) any other tax, fee or excise, however described, that may Landlord presents the Real Property Tax bill to the Tenant. Landlord shall be obligated to pay all Real Proxxxxy Taxes levied or assessed against the Premises prior to the delinquency date thereof. For purposes of this Section, Real Property Taxes means and includes all taxes and assessments assessed, imposed or levied during any fiscal tax year which occurs wholly or partially during the Term of this Lease, including taxes, assessments and reassessments which are special, unforeseen, or extraordinary as well as those which are regular, foreseen or ordinary, and including any transfer tax, license or permit fee, commercial rental tax, utility tax, improvement bond or bonds, levy or tax (other than inheritance or estate tax) imposed by any authority having the direct or indirect power to tax, including any city, county, state, or federal government, or any school, agricultural, sanitary, fire, street, drainage, transit, or other improvement district thereof. If any governmental authority imposes, assesses, or levies a tax on rent or any other tax upon Landlord as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, part for any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of Tax or assessment, the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of substitute tax shall be deemed to be an increase in Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, Tax and shall be deemed to have been paid levied and assessed against the Premises, to the extent of the amount allocable thereto. The term Real Property Tax shall also include any tax, fee, levy, assessment, or charge (i) in installmentssubstitution of or in addition to, amortized over partially or totally, any tax, fee, levy, assessment, or charge included in this Section in the maximum time period allowed definition of Real Property Tax, (ii) the nature of which was included within the definition of Real Property Tax, (iii) which is imposed by applicable lawreason of this transaction, any modifications or changes hereto, or any transfers hereof, including without limitation those related to any loss of or change in Landlord's status as a nonprofit public benefit corporation under the laws of the State of California, or (iv) which is imposed directly, solely or partially as a result of any loss of or change in Landlord's status as a nonprofit public benefit corporation under the laws of the State of California. If Landlord is required to impound Real Property Taxes on a periodic basis during the tax statement from a taxing authority does not allocate Term, Tenant will pay its proportionate share of Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of in accordance with all such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingrequirements.
Appears in 1 contract
Samples: Lease (FNB Bancorp/Ca/)
Real Property Taxes. To the extent that Subtenant is not billed directly by the applicable taxing authority for Subtenant’s Share of Real Property Taxes, assessments then the amount thereof shall be paid by Subtenant to Sublandlord promptly upon Subtenant’s receipt of demand therefor. As used herein, (A) the term "Subtenant's Share" shall be determined by Sublandlord from time to time acting in good faith and charges now shall be based on a percentage using
(i) the square footage of the Subleased Premises (as set forth in Recital Paragraph B hereof) as the numerator and (ii) the aggregate square footage of the Property which Sublandlord reasonably anticipates will be developed by Sublandlord for commercial purposes and the existing commercial facilities which will remain after Sublandlord's development of the Property as the denominator, which as of the Effective Date of this Sublease is 228,311 square feet. Based on the foregoing, Sublandlord and Subtenant hereby acknowledge and agree that the initial Subtenant's Share shall be 0.79%, and (B) the term "Real Property Taxes" shall include any form of real estate or hereafter levied possessory interest tax or assessed uponassessment, general, special, ordinary or with respect toextraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, income or estate taxes) imposed on the ProjectProperty and/or the Subleased Premises by any authority having the direct or indirect power to tax, including any city, state or federal government, or any personal property school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, as against any legal or equitable interest of Landlord used Sublandlord in the operation thereof Subleased Premises and/or the Property, as against Sublandlord's right to rent or located thereinother income therefrom, and as against Sublandlord's business of leasing the Subleased Premises and/or the Property. The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or Landlordcharge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the definition of "Real Property Tax", or
(ii) which is imposed as a result of a transfer, either partial or total, of Sublandlord's interest in the Project Subleased Premises and/or the Property or such personal property, by any federal, state which is added to a tax or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to charge hereinbefore included within the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment definition of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation reason of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingtransfer.
Appears in 1 contract
Real Property Taxes. TaxesDuring the term hereof, assessments Lessor shall pay and discharge all real property taxes, assessments, and charges now or hereafter levied or assessed upon, or with respect to, lawfully imposed by any governmental unit on the ProjectComplex, or any personal property of Landlord used taxes imposed in lieu thereof (herein "Real Property Taxes"), before the same become delinquent. Lessor may elect to let any such Real Property Taxes to go to bond in accordance with applicable law. If at any time in the operation thereof future (there being no such charges or located thereintaxes at present) there shall be levied on Lessor a capital levy, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee franchise or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee assessment, levy or excise, however described, that may be levied charge measured by or assessed as a substitute for, or as an addition tobased, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred upon the rentals to be paid hereunder, then all such taxes, assessments, levies or charges or the part thereof so measured or based, shall be included in connection with proceedings to contest, determine or reduce the term Real Property Taxes. As provided in paragraph 2.1 of this Lease, Lessee shall pay to Lessor as additional rent, Lessee's Proportionate Share of the Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured paid by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by LandlordLessor. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant pro-rated during the first and any other tenants last year of the BuildingLease based on the period for which the subject Real Property Taxes are assessed. Lessor shall, at the request of lessees of fifty percent (50%) of the leasable space in the subject tax lot, in Lessor's and Lessee's name, contest or review in legal proceedings or in such manner as it deems suitable any Real Property Tax, the cost of which shall be shared by all directly affected Lessees in proportion to the amount of space leased. Lessor may pay under protest any such contested tax to the appropriate public authority. Lessee will join and assist Lessor in any contest or protest of Real Property Taxes provided for herein at the request of Lessor. Lessor may, at its option and expense, endeavor to obtain a lowering of the assessed valuation of the Complex, or any part thereof, and Lessee agrees to cooperate and LEASE AGREEMENT 4 join in such endeavor.
Appears in 1 contract
Samples: Lease Agreement (Direct Focus Inc)
Real Property Taxes. “Real Property Taxes” shall mean all ad valorem taxes, assessments (special or otherwise) and charges now other governmental imposts payable with respect to the Land or hereafter the Building, which are levied or assessed upon, by the United States of America or with respect to, the Project, State of Minnesota or any personal property of Landlord used in the operation political subdivision thereof or located therein, or Landlord's interest in the Project or such personal property, by and are due and payable during any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, calendar year included in whole or in part, any other part in the Term. Real Property Taxes; Taxes shall also include reasonable legal fees, costs and (vi) reasonable consultants' and attorneys' fees and expenses disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: , but shall exclude (Aa) franchiseany item included in Operating Expenses; (b) any taxes of the nature payable by Tenant under Article 17 hereof; (c) any net income tax, transferestate tax, gift tax, transfer tax, or inheritance or capital stock tax; (d) a reasonable allocation of such taxes, or income taxes measured by assessments and imposts to the net income Parking Garage (based upon the relative values of Landlord from all sources(i) the Parking Garage, unless any such taxes are levied or assessed against Landlord as a substitute forto (ii) the entire Building, in whole or in part, any Real Property Taxincluding the Parking Garage); (Be) Impositions and all similar any increased amounts payable by tenants of such taxes, assessments or imposts resulting from any agreement with any governmental authority or unit setting a minimum assessed value for the Project under their leases; and (C) penaltiesBuilding or Land, fines, interest or charges due for late payment otherwise fixing the amount of Real Property Taxes payable with respect thereto, except as expressly provided under Section 7.9; (f) any ad valorem taxes allocable to the improvements existing on the Land as of the date of this Lease; (g) any taxes, assessments or imposts levied, pending or constituting a lien against the Building or Land as of the date of this Lease; and (h) assessments (including special assessments), whenever levied, arising out of or in respect of any capital improvement necessary to, or required by Landlordany state or local governmental unit, agency or taxing authority in connection with the initial development or construction of the Building (including any amounts associated with any condemnation proceeding used to obtain control of the Land), or any expansion or enlargement thereof. If any In the case of Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installmentsTaxes, such Real Property Taxes shallas special assessments, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Buildingwhere Landlord has an election, Landlord shall make exercise any election available to it to pay the determination of same over the proper allocation longest period available, in which event only the installment of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Tax due and payable in any year shall be included in Real Property Taxes also do not include any increases for such year, with the installments due and payable in the taxesyear the Term commences or ends prorated on a daily basis, assessmentsprovided that in the case of special or area assessments for capital improvements where there is no such election available to Landlord, chargesTenant may at its election require the same to be treated as if there were such assessment, excises and levies assessed against together with interest thereon at the Project due solely Amortization Interest Rate, to be amortized on a level payment basis over a period equal to the construction lesser of (y) twenty (20) years, or installation of tenant improvements or other alterations by tenants (z) the reasonably estimated practical useful life of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingimprovement.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Real Property Taxes. Taxes, assessments and charges now To the extent that the Demised Premises is currently or hereafter levied may be subject to property taxes, Tenant agrees to pay to Landlord throughout the term of this Lease, as Additional Rent, any and all real property taxes, assessments, and levies assessed against the Demised Premises during each tax year, together with all penalties and interest charged (“Real Property Taxes”), unless Tenant has paid all such Real Property Taxes in full when due. Should any governmental taxing authority acting under any present or assessed uponfuture law, ordinance or regulation, levy, assess, or with respect toimpose a tax, excise and/or assessment (other than an income or franchise tax) upon or against the ProjectRent, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Projectit, or on rent for space in the Project; payable by Tenant to Landlord, either by way of substitution (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part) for or in addition to any existing tax on the Demised Premises or otherwise, any other Real Property Taxes; Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse Landlord for the amount thereof within thirty (vi30) reasonable consultants' and attorneys' fees and days of demand, as the case may be. Reasonable expenses incurred by Landlord in connection with proceedings obtaining or attempting to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income obtain a reduction of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated added to and included as Additional Rent. Real Property Taxes which are being contested by Landlord shall nevertheless be included for purposes of computing Tenant’s liability hereunder, but if Tenant shall have paid any amount of Additional Rent pursuant to this Section 13, and thereafter Landlord shall receive a refund of any portion of any Real Property Taxes on which such payment shall have been based, Landlord shall pay to Tenant such refund. Landlord shall have no obligation to contest, object to or litigate the levy or imposition of any Real Property Taxes and may settle, compromise, consent to, waive or otherwise determine in Landlord's reasonable judgment between its discretion any Real Property Taxes without the consent or approval of Tenant. In the event any governmental authority includes in the tax base upon which the Real Property Taxes are levied or assessed the value of any improvements made by Tenant, or of any machinery, equipment, fixtures, inventory or other personal property or assets of Tenant, then Tenant and any other tenants shall pay the entire portion of the BuildingReal Property Taxes attributable to or based upon such items in addition to the portion of the Real Property Taxes payable by Tenant as otherwise provided in this Section. Landlord’s failure to collect the estimated Real Estate Taxes shall not be deemed a waiver of Landlord’s right to demand and fully collect the same at later time. Tenant agrees to pay before delinquency all taxes imposed on or incidental to the personal property of Tenant, the conduct of its business and its use and occupancy of the Demised Premises.
Appears in 1 contract
Samples: Lease Agreement
Real Property Taxes. All Real Property Taxes (defined below) shall be paid by Landlord and be reimbursed by Tenant to Landlord as provided in Section 3 of this Lease. However, if a supplemental assessment is levied in any calendar year subsequent to the Landlord’s estimate of the Operating Expenses and/or Taxes for that calendar year (as provided in Section 3 of this Lease), and payment is due for said supplemental assessment during this same calendar year, Landlord reserves the right to adjust its estimate of the Operating Expenses and/or Taxes for that calendar year in order to pay before delinquency said supplemental assessment. The Term “Real Property Taxes,” as used herein, assessments shall mean and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, includinginclude: (i) all real property taxes taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including without limitation, 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 of the Premises, the Building or the Complex, or otherwise) 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 Complex, the Building or the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements of Landlord located within the Complex, the Building or the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in, on or about the Complex, the Building or the Premises; and landscaping areas, walkways and parking areas; and (ii) chargesall costs and fees (including reasonable attorneys’ fees) incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. Bay Tech Gross Office Lease Dance Biopharm, fees Inc. “Real Property Taxes” shall not include (i) any franchise, rental, income, inheritance or assessments for transitprofit tax, housingcapital levy or excise tax payable by Landlord (ii) any tax levy, day careassessment, open spacecharge or surcharge resulting from the contamination of real property by Hazardous Materials except unless caused by the acts or omissions by the Tenant, art, police, fire its agents or other governmental services or benefits to the Project, including assessments, taxes, fees, levies contractors and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments interest of penalties for the late payment or failure to pay any real property taxes. If, at any time during the Term of this Lease, the taxation or assessment of the Complex, the Building or the Premises prevailing as of the Commencement Date of this Lease shall be altered so that in lieu of taxes; or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (ivwhether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) any tax, fee an alternate or excise additional tax or charge (i) on the value, use or occupancy of the Complex, the Building or the Premises or Landlord’s interest therein, or (ii) on or measured by the gross receipts, income or rentals from the Complex, the Building or the Premises, on Landlord’s business of leasing the Complex, the Building or the Premises, or Landlord’s interest therein, or based on parking, employment, production or the like in, on or about the Complex, the Building or the Premises, or computed in any part manner with respect to the operation of the ProjectComplex, the Building or on rent for space in the Project; (v) Premises, then any other tax, fee such tax or excisecharge, however describeddesignated, that may shall be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other included within the meaning of the Term “Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred ” for purposes of this Lease. If any Real Property Tax is based in connection with proceedings part upon property or rents unrelated to contestthe Complex, determine the Building or reduce the Premises, then only that part of such Real Property Tax that is fairly allocable to the Complex, the Building or the Premises shall be included within the meaning of the Term “Real Property Taxes”. If, at any time during the Term of this Lease, any assessments which would be deemed to be Real Property Taxes do not include: (A) franchiseare levied against the Premises, transferthe Building or the Complex, inheritance Landlord may elect either to pay the assessment in full or capital stock taxesto allow the assessment to go to bond and to pay it in installments. In either case, or income taxes measured by the net income of Landlord from all sourceshowever, unless Tenant shall only be obligated to pay to Landlord, with regard to any such taxes are levied or assessed against Landlord as a substitute forassessment, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late each time payment of Real Property Taxes is made, a sum equal to that which would have been payable by Landlord. If any Real Property Taxes are payable, or may at the option Tenant as its pro rata percentage of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any installments of principal and interest that which would otherwise be payable with such installment, be deemed have become due during the Term of this Lease had Landlord allowed the assessment to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes go to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingbond.
Appears in 1 contract
Samples: Office Lease (Dance Biopharm, Inc.)
Real Property Taxes. Tenant shall be liable for, and shall pay to ------------------- the proper taxing authorities prior to delinquency, all "Real Property Taxes," as that term is defined below, assessments applicable to the Premises and charges now or hereafter levied or assessed uponrelating to the period of the Term of this Lease; and Tenant shall provide Landlord copies of receipts for payment of all such Real Property Taxes. Landlord and Tenant acknowledge and agree that, or with respect toas of the Commencement Date, the Project, or any personal property Land upon which the Building is located shall be a separate tax parcel. The term "Real Property Taxes" shall be the sum of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, includingfollowing: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, possessory interest taxes, business or license taxes or fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of such taxes or fees, annual or periodic license or use fees, excises, transit and traffic charges, housing fund assessments, open space charges, childcare fees, school, sewer and parking fees or any other assessments, levies, fees, exactions or charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen (including fees "in lieu" of any such tax or assessment) which are assessed, levied, charged, conferred or imposed by any public authority upon the Premises (or any real property comprising any portion thereof) or its operations, together with all taxes; (iv) , assessments or other fees imposed by any taxpublic authority upon or measured by any Rent or other charges payable hereunder, fee including any gross receipts tax or excise on tax levied by any governmental authority with respect to receipt of rental income, or upon, with respect to or by reason of the development, possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof, or documentary transfer taxes upon this transaction or any document to which Tenant is a party creating or transferring an interest in the Premises, together with any tax imposed in substitution, partially or totally, of any part tax previously included within the aforesaid definition or any additional tax the nature of which was previously included within the aforesaid definition, together with the costs and expenses (including attorneys', administrative and expert witness fees and costs) of challenging any of the Projectforegoing or seeking the reduction in or abatement, redemption or on rent for space in return of any of the Project; (v) foregoing, but only to the extent of any other taxsuch reduction, fee abatement, redemption or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other return. All references to Real Property Taxes; Taxes during a particular year shall be deemed to refer to taxes accrued during such year, including supplemental tax bills regardless of when they are actually assessed and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings without regard to contest, determine or reduce Real Property Taxeswhen such taxes are payable. Real Property Taxes do not include: (A) for partial tax fiscal years, if any, falling within the Term, shall be prorated. The obligation of Tenant to pay Real Property Taxes for the last full or partial year of the term and supplemental taxes accrued during the Term, whenever assessed, shall survive the expiration or early termination of this Lease. Nothing contained in this Lease shall require Tenant to pay any franchise, transfercorporate, estate or inheritance or capital stock taxestax of Landlord, or income taxes measured by any income, profits or revenue tax or charge upon the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Lease (Infonet Services Corp)
Real Property Taxes. (a) Tenant shall pay to Landlord Tenant's Share of all Real Property Taxes (as hereafter defined) levied with respect to the Project. Tenant shall pay to Landlord all Real Property Taxes on or before the later of (1) ten (10) days prior to delinquency thereof, or (2) ten (10) days after the date on which Tenant receives a copy of the tax xxxx or other reasonable evidence of the amount of Real Property Taxes due and payable by Tenant hereunder.
(b) 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 general or special assessments for public improvements, services, or benefits and charges any increases resulting from reassessments caused by any change in ownership, new construction, or change 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 upon, against or with respect toto (a) the value, occupancy or use of the ProjectProject (as now constructed or as may at any time hereinafter be constructed, altered, or any otherwise changed), (b)the fixtures, equipment, and other real or personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any that are an integral part of the Project, (c) the gross receipts, income, and rentals from the Project, or on rent for space in (d) the use of the Outside Areas, public utilities, or energy within the Project; (vii) all charges, levies or fees imposed by reason of environmental regulation of Tenant's business, such as Hazardous Materials storage fees for Tenant's Hazardous Materials, but not including any charges, levies or fees relating to the remediation or investigation of soil or groundwater or any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxesenvironmental response costs (except to the extent such items are caused by Tenant's use of Hazardous Materials); and (viiii) reasonable consultants' all costs and fees (including attorneys' fees fees) incurred by Landlord in contesting any Real Property Taxes and expenses incurred in connection negotiating with proceedings public authorities as to contest, determine or reduce any Real Property Taxes. If at any time during the lease term the taxation or assessment of the Project prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property Taxes do not include: described above there shall be levied, assessed or imposed (A) franchisewhether by reason of a change in the method of taxation or assessment, transfer, inheritance creation of a new tax or capital stock taxescharge, or income taxes any other cause) an alternate, substitute, or additional tax or charge (i) on the value, use or occupancy of the Project, (ii) on or measured by the net income gross receipts, income, or rentals from the Project, or on Landlord's business of Landlord from all sourcesleasing the Project, unless or (iii) computed in any manner with respect to the operation of the Project, then any such taxes are levied tax or assessed against Landlord as a substitute forcharge, in whole or in parthowever designated, any shall be included within the meaning of the term "Real Property Tax; (B) Impositions and all similar amounts payable by tenants Taxes" for purposes of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by LandlordLease. If any Real Property Taxes are payable, Tax is based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProject, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Project shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. term "Real Property Taxes also do 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 increases in the taxestax, assessments, charges, excises and levies lien or charge imposed upon or assessed against the Project due solely as a result of any Hazardous Material (as defined in Paragraph 6.3(a) below) condition on or about the Project, except to the construction or installation of tenant improvements or other alterations by tenants of extent such condition results from Hazardous Materials brought onto the Project other than by, or at the direction of, Tenant and any other tenants or occupants of the Building; providedTenant's employees, howeveragents, that if any Real Property Taxes are imposed contractors, invitees or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingsubtenants.
Appears in 1 contract
Samples: Sublease and Lease Agreement (Inhale Therapeutic Systems)
Real Property Taxes. Real Property Taxes" means all taxes, ------------------- assessments (special or otherwise) and charges now or hereafter levied or assessed upon, upon or with respect to, to the Project, or any Project and ad valorem taxes on personal property of Landlord used in the operation thereof or located thereinconnection -- ------- therewith. Real Property Taxes shall include, or Landlord's interest in the Project or such personal propertywithout limitation, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use act of entering into this Lease or any other lease of space in the Project, on the occupancy of Tenant or any part other tenant of the Project, the rent hereunder or on rent for in connection with the business of owning and/or renting space in the Project; (v) Project which are now or hereafter levied, assessed or imposed against Landlord by the United States of America, the State of California or any political subdivision, public corporation, district or other political or public entity, and shall also include any other tax, assessment, fee or excise, however describeddescribed (whether general or special, that ordinary or extraordinary, foreseen or unforeseen), to the extent it may be levied levied, assessed or assessed imposed in lieu of, as a substitute for, or as an addition tosubstitute, in whole or in part, for or as an addition to, any other Real Property Taxes; . Landlord may pay any such special assessments in installments when allowed by law, in which case Real Property Taxes shall include any interest charged thereon. In recognition of the decrease in the level and (vi) quality of governmental services and amenities as a result of Proposition 13, Real Property Taxes shall also include any private assessments or the Building's contribution towards a private cost-sharing agreement for the purpose of augmenting or improving the quality of service and amenities normally provided by governmental agencies, provided that Tenant shall not be responsible for any share of any such assessments or contribution voluntarily assumed by Landlord unless Tenant has given its prior approval thereof, such approval not to be unreasonably withheld in light of Landlord's obligation and desire to operate the Project in a manner consistent with the highest category of premiere, first class office building projects in the Golden Triangle area and on Maple Drive in Beverly Hills, California. Real Property Taxes shall also include reasonable consultants' legal fees, costs and attorneys' fees and expenses disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes, but shall exclude any such costs otherwise included in Operating Expenses, any taxes paid directly by Tenant pursuant to Sections 10.1 and 10.2 ---------------------- and any penalties assessed against the Project or Landlord as a result of Landlord's failure to timely pay any installment of Real Property Taxes when due (except where such failure is caused by the failure of Tenant to pay timely its share of such Real Property Taxes in accordance with this Lease). Real Property Taxes do shall not include: (A) include income, franchise, transfer, inheritance inheritance, estate, or capital stock taxes, or income taxes measured by unless and, to the net income extent, due to a change in the method of Landlord from all sourcestaxation, unless any of such taxes are levied levied, assessed or assessed imposed against Landlord in lieu of, as a substitute forsubstitute, in whole or in part, for or as an addition to, any other tax which would otherwise constitute a Real Property Tax; . At all times (Bincluding calendar year 2000 if applicable) Impositions and all similar amounts payable by tenants prior to the assessment of the Project under their leases; and (C) penaltieson a fully completed basis, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated adjusted to reflect the amount which Real Property Taxes would be if the Project were assessed on a fully completed and occupied basis. For purposes of computing rent adjustments pursuant to this Article 5, Real Property Taxes shall be --------- allocated and charged to Tenant in Landlord's reasonable judgment between Tenant accordance with generally accepted accounting and management practices and expressed as an amount per square foot of Rentable Area, provided that at all times all Real Property Taxes are allocated to all portions of the Rentable Area of the Project. Notwithstanding any other tenants of the Buildingprovision hereof, parking revenue taxes shall not be included in Real Property Taxes or Operating Expenses.
Appears in 1 contract
Samples: Lease (Global Crossing LTD)
Real Property Taxes. TaxesAll taxes, assessments (special or otherwise) and charges now or hereafter levied or assessed upon, upon or with respect to, to the Project, or Property and any ad valorem taxes on personal property of Landlord used in the operation thereof or located thereinconnection therewith. Real Property Taxes shall include, or Landlord's interest in the Project or such personal propertywithout limitation, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or act of entering into this Lease, on the occupancy of any part Tenant, the Rent hereunder or in connection with the business of the Project, or on rent for owning and/or Renting space in the Project; (v) Property which are now or hereafter levied or assessed against Landlord by the United States of America, the Commonwealth of Pennsylvania, the City of Philadelphia or any political subdivision, public corporation, district or other political or public entity, and shall also include any other tax, assessment, fee or excise, however describeddescribed (whether general or special, that ordinary or extraordinary, foreseen or unforeseen), which may be levied or assessed in lieu of, or as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; . Landlord may pay any such special assessments in installments when allowed by law, in which case Real Property Taxes shall include any interest charged thereon. Real Property Taxes shall also include any private assessments or the Building’s contribution towards a private or quasi-public cost-sharing agreement for the purpose of augmenting or improving the quality of service and (vi) reasonable consultants' amenities normally provided by governmental agencies. Real Property Taxes shall also include legal fees, costs and attorneys' fees and expenses disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do shall not include: (A) include income, franchise, transfer, inheritance or capital stock taxes, or income taxes measured by unless, due to a change in the net income method of Landlord from all sourcestaxation, unless any of such taxes are levied or assessed against Landlord as a substitute forLandlord, in whole or in part, in lieu of, as a substitute for, any other tax which would otherwise constitute a Real Property Tax; . In the event that at any time during the term of this Lease the assessment for the Property is reduced on appeal with a result that Landlord receives a refund of any real estate taxes, Landlord shall pay to Tenant its Pro Rata Share of any such refund (B) Impositions and all similar amounts payable by tenants net of Landlord’s out-of-pocket expenditures in connection with such appeal). Landlord will exercise commercially reasonable efforts to contest the Project under their leases; and (C) penalties, fines, interest amount or charges due for late payment validity of Real Property Taxes by Landlord. If appropriate proceedings diligently conducted in good faith, but this shall not be construed to require Landlord to appeal an assessment in any Real Property Taxes are payable, or may at the option of the taxpayer be paid, year in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed which its counsel advises it not to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingso.
Appears in 1 contract
Samples: Office Lease (Lincoln National Corp)
Real Property Taxes. TaxesAs used herein, assessments the term "real property taxes" shall, subject to the provisions of Paragraphs 6(a)(v) and charges now (vi) below, include any form of assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, penalty, tax or hereafter levied similar imposition, imposed by any authority having the direct power to tax, including any city, county, state or assessed uponfederal government, or with respect any school, agricultural, lighting, drainage or other improvement or special assessment district thereof, as against any legal or equitable interest of Landlord in the Site or Building, including, but not limited to, the Projectfollowing:
(A) any tax on Landlord's "right" to rent or "right" to other income from the Premises or as against Landlord's business of leasing the Premises;
(B) any assessment, tax, fee, levy or charge in substitution, partially or totally, of any personal assessment, tax, fee, levy or charge previously included within the definition of real property taxes, it being acknowledged by Tenant and Landlord that Proposition 13 was adopted by the voters of Landlord used the State of California in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: June 1978 Election (i"Proposition 13") all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes services as fire protection, street, sidewalk, road, utility construction sidewalk and road maintenance, refuse removal and for other governmental servicesservices formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges be included within the definition of "real property taxes" for the purposes of this Lease;
(C) any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or the rent payable hereunder, including, without irritation, any gross income tax or excise tax levied by the State, city or federal government, or any political subdivision thereof, with respect to the receipt of such rent, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof;
(D) any assessment, tax, fee, levy or charge upon this transaction or any document to which Tenant is a party, creating or transferring an interest or an estate in the Premises; and
(iiiE) service payments any increase in real property taxes triggered by or resulting in any manner from the foreclosure by Xxxxxxxx Properties Acquisition Partners, L.P. ("Xxxxxxxx") of the deed of trust secured by the Building and Site held by Xxxxxxxx, as successor-in-interest to Teachers Insurance and Annuity Association of America, as beneficiary, or, alternatively, by the delivery by Landlord to Xxxxxxxx of a deed in lieu of taxes; foreclosure of said deed of trust (iv) any tax, fee such foreclosure or excise on the use or occupancy delivery of any part a deed in lieu of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed foreclosure being referred to herein as a substitute for"Xxxxxxxx Transfer"), so long as any Xxxxxxxx Transfer is consummated on or as an addition tobefore December 31, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building1998.
Appears in 1 contract
Real Property Taxes. Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Taxtax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Real Property Taxes. TaxesIn accordance with Article 4 hereof, Tenant agrees to reimburse Landlord for all general and special real property taxes, assessments (including, without limitation, change in ownership taxes or assessments), liens, bond obligations, license fees or taxes, commercial rent taxes and charges any similar impositions in-lieu of other impositions now or previously within the definition of real property taxes or assessments and any and all assessments under any covenants, conditions and restrictions affecting the Premises (collectively "Real Property Taxes") which may be now or hereafter levied or assessed uponagainst the Premises applicable to the period from the Commencement Date, until the expiration or sooner termination of this Lease. Real Property Taxes shall include, by way of illustration but not limitation, the following: (a) any tax on Landlord's "right" to rent or "right" to other income from the Premises or as against Landlord's business of leasing the Premises; (b) any assessment, tax, fee, levy or charge in substitution, partially or totally, of any assessment, tax, fee, levy or charge previously included within the definition of real property tax; (c) any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or the Rent payable by Tenant hereunder, including, without limitation, any gross receipts tax or excise tax levied by state, city or federal government, or any political subdivision thereof, with respect to the receipt of such Rent, or upon or with respect toto the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant and of the ProjectPremises; (d) any assessment, tax, fee, levy or charge upon this transaction or any personal property document to which Tenant is a party, creating or transferring an interest or an estate in the Premises; and/or (e) any assessment, tax, fee, levy or charge by any governmental agency related to any transportation plan, fund or system (including assessment districts) instituted within the geographic area of which the Premises make a part. Real Property Taxes shall not include (1) net income taxes of Landlord used in or the operation thereof or located therein, or Landlord's owner of any interest in the Project Building, (2) franchise, capital stock, gift, estate or such personal propertyinheritance taxes, by (3) any federal, state or local entitydocumentary taxes imposed against the Property or any portion thereof or interest therein, including: or (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv4) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fineslate fees, interest or charges penalties incurred due for late payment to Landlord’s failure to pay any reimbursable portion of Real Property Taxes by Landlordas and when due. If All Real Property Taxes for the tax year in which the Commencement Date occurs and for the tax year in which this Lease terminates shall be apportioned and adjusted so that Tenant shall not be responsible for any Real Property Taxes are payable, for a period of time occurring prior to the Commencement Date or may at subsequent to the option expiration of the taxpayer be paid, in installments, such Term. Tenant shall pay Real Property Taxes shall, together as part of CAM Costs in accordance with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the BuildingArticle 4; provided, however, that if Tenant, at its sole cost and expense, shall have the right, (a) to pay any Tenant contested amounts to Landlord under protest and (b) with Landlord's reasonable cooperation, to contest any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants Tax assessment of the BuildingProperty and/or bring suit in any court of competent jurisdiction to seek to recover from the governmental authority the amount of any such taxes and assessments that Tenant believes were incorrectly assessed against the Premises.
Appears in 1 contract
Real Property Taxes. The term "Real Property Taxes" means taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (ia) all real property taxes and general general, special, supplemental and special escape assessments; (iib) charges, fees or assessments for transit, public improvements, employment, job training, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental servicesbenefits; (iiic) service payments in lieu of taxes; (ivd) any tax, fee or excise on the use or occupancy of any part of the Project; (e) any tax, assessment, charge, levy or fee for environmental matters, or on rent for space in as a result of the imposition of mitigation measures, such as parking taxes, employer parking regulations or fees, charges or assessments due to the treatment of the Project, or any portion thereof or interest therein, as a source of pollution or storm water runoff; (vf) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vig) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (Ai) franchise, transfer, gift, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leasesTaxes; and (Cii) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Real Property Taxes. Landlord will pay to the proper taxing authorities, as they become due, all Real Property Taxes applicable to the Real Property and the Adjacent Real Property, and commencing one hundred twenty (120) days following the Early Entry Date, plus any Landlord Delays or any days that Tenant's work on Xxxxxx's Improvements is voluntarily interrupted by Landlord pursuant to Section 2(e)(i) (and in any case no later than the Rent Commencement Date), Tenant will reimburse Landlord for Real Property Taxes imposed on the Real Property during the Lease Term, as it may be extended, as provided in clause (b) below. The term "Real Property Taxes" includes the following to the extent that they are imposed by or payable to a governmental or quasi governmental entity, assessments are a lien or assessment on, are measured by the value of or income from, or are imposed on account of the ownership or operation of, the Real Property and improvements or any interest therein: (i) real property taxes; (ii) possessory interest taxes; (iii) business, license, or use fees, (iv) excises; (v) transit charges; (vi) housing fund assessments; (vii) open space charges; (viii) childcare fees; (ix) school fees; (x) any other assessments, levies, fees, or charges, general and special, ordinary and extraordinary, unforeseen and foreseen (including fees "in-lieu" of any tax or assessment) that are assessed, levied, charged, confirmed, or imposed by any public authority upon the Real Property (including the Premises thereon) or its operations; (xi) all taxes, assessments, or other fees imposed by any public authority on or measured by any Rent or other charges now payable under this Lease, including any gross income tax or hereafter excise tax levied by the local government authority, the federal government, or assessed any other governmental body with respect to receipt of rent, or upon, or with respect to, or by reason of, the Projectpossession, leasing, operation, management, maintenance, Tenant improvement, post Commencement Date alteration, repair, use, or occupancy by Tenant of the Premises or any personal property portion of Landlord used in the operation thereof or located thereinReal Property, or Landlord's on this transaction or any document to which Tenant is a party creating or transferring an interest in the Project Premises or such personal propertyReal Property; and (xii) any tax imposed in substitution, by partially or totally, of any federaltax previously included within the definition or any additional tax, state the nature of which was previously included within the definition, together with the costs and expenses (including attorney fees) of changing any taxes or local entityseeking the reduction in or abatement, including: redemption, or return of any Real Property Taxes imposed on the Real Property during the Term, as it may be extended, but only to the extent of any reduction, abatement, redemption, or return. Notwithstanding any other Lease provision, nothing contained in this Lease will require Tenant to pay (is) all real property taxes and general and special assessmentsany franchise, corporate, succession, estate, or inheritance, transfer, sales, or use tax of Landlord; (iit) chargesany income, fees profits, or assessments revenue tax or charge on or measured by the general or net income of Landlord (as opposed to rents, receipts, or income attributable to operation or ownership of the Real Property); (u) any pre-Commencement Date imposition, fee, cost, expense or payment (whether paid prior to the Commencement Date or imposed prior to the Commencement Date and paid through ongoing installments during the Term), required to obtain the entitlements necessary for transitthe subdivision or resubdivision of the Real Property or Adjacent Real Property, housingthe initial construction or financing of the Shell Improvements or improvements to the Real Property or the Common Area, day careincluding those relating to or arising under any development agreement, open spaceany government permit, art, police, fire or other governmental services approval or benefits agreement, specifically including payment of costs made in connection with any traffic demand management programs or transportation impact mitigation fees imposed prior to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the ProjectCommencement Date; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: applicable to the Adjacent Real Property (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured except as modified by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property TaxAREA); (Bw) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payableapplicable to periods not within the Term, as it may be extended; or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with (x) any interest that would otherwise be payable or penalties imposed in connection with Landlord's failure to pay such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises levies and levies assessed against the Project due solely other charges prior to the construction or installation delinquency (and not caused by a default of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildinghereunder).
Appears in 1 contract
Real Property Taxes. TaxesTenant shall pay, as additional rent, its share (as defined in Paragraph 1) of all Real Property Taxes including all taxes, assessments (general and special) and other impositions or charges now which may be taxed, charged, levied, assessed or hereafter levied imposed with respect to any calendar year or assessed uponpart thereof included within the term upon all or any portion of or in relation to the Project or any portion thereof, any leasehold estate in the Premises or measured by rent from the Premises,. “Real Property Taxes” shall also include any form of assessment, levy, penalty, charge or tax (other than estate, inheritance, net income or franchise taxes) imposed by any authority having a direct or indirect power to tax or charge, including, without limitation, any city, county, state, federal or any improvement or other district, whether such tax is: (1) determined by the area of the Project or the rent or other sums payable under this Lease; (2) upon or with respect to, the Project, to any legal or any personal property equitable interest of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessmentspart thereof; (ii3) charges, fees upon this transaction or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits any document to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments which Tenant is a party creating a transfer in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space interest in the Project; (v4) any other tax, fee in lieu of or excise, however described, that may be levied or assessed as a direct substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income part of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, addition to any Real Property Taxreal property taxes on the Project; (B5) Impositions based on any parking spaces or parking facilities provided in the Project; or (6) in consideration for services, such as police protection, fire protection, street, sidewalk and all similar amounts payable roadway maintenance, refuse removal or other services that may be provided by tenants of the Project under their leases; and any governmental or quasi-governmental agency from time to time which were formerly provided without charge or with less charge to property owners or occupants. Tenant shall pay Tenant’s share (Cas defined in Paragraph 1) penalties, fines, interest or charges due for late payment of Real Property Taxes Tax cost on the date any taxes or installments of taxes are due and payable as determined by the taxing authority, evidenced by the tax xxxx. Landlord shall determine and notify Tenant of Tenant’s share not less than thirty (30) days in advance of the date such taxes or installment of taxes is due and payable. In the event Landlord fails to deliver such timely determination and notice to Tenant, then Tenant shall have thirty (30) days from receipt of such notice to remit payment of Tenant’s share to Landlord. If any Real Property Taxes are payableThe foregoing notwithstanding, or may at the option upon notice from Landlord, Tenant shall pay as additional rent Tenant’s share to Landlord in advance monthly installments equal to one twelfth (1/12) of Landlord’s reasonable estimate of Tenant’s share of the taxpayer be paid, in installments, such Real Property Estate Taxes shallpayable under this Lease, together with any interest that would otherwise be payable with such installmentmonthly installments of base rent, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, and Landlord shall make hold such payments in a non-interest bearing account. Landlord shall determine and notify Tenant of any deficiency in the determination impound account Tenant shall pay any deficiency of funds in the impound account not less than thirty (30) days in advance of the proper allocation date such taxes or installment of taxes is due and payable. In the event Landlord fails to deliver such timely deficiency determination and notice to Tenant, then Tenant shall have thirty (30) days from receipt of such Real Property Taxes based, notice to the extent possible, upon records remit payment of the taxing authority and, if not so availablesuch deficiency to Landlord If Landlord determines that Tenant’s impound account has accrued an amount in excess of Tenant’s share, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes excess shall be equitably prorated in credited to Tenant within said notice from Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Real Property Taxes. The term "Real Property Tax" or "Real Property Taxes" shall each mean Tenant's Project Percentage Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and charges any increases resulting from reassessments caused by any change in ownership or new construction), 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 upon, or with respect to, for whatever reason against the Project, Property or any personal property of Landlord used in the operation thereof or located thereinportion thereof, or Landlord's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and 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 (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the Project method of taxation or such personal propertyassessment, by creation of a new tax or charge, or any federalother cause) an alternate, state substitute, or local entity, including: additional use or charge (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the value, size, use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.the
Appears in 1 contract
Samples: Lease Agreement (Webex Inc)
Real Property Taxes. TaxesAny form of tax, assessments and charges now assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, penalty, tax or hereafter levied similar imposition, imposed by any authority having the direct power to tax (including any city, county, state or assessed uponfederal government, or with respect any school, agricultural, lighting, drainage, transportation, air pollution, environmental or other improvement or special assessment district) as against any legal or equitable interest of Landlord in the Building and/or the Premises, including, but not limited to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: following:
(i) all real property taxes and general and special assessments; any tax on a landlord's "right" to rent or "right" to other income from the Premises or against Landlord's business of leasing the Premises;
(ii) chargesany assessment, fees tax, fee, levy or assessments for transitcharge in substitution, housingpartially or totally, day careof any assessment, open spacetax, artfee, police, fire levy or other governmental services or benefits to charge previously included within the Project, including definition of Real Property Taxes (it is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges imposed be included within the definition of "Real Property Taxes" for the purposes of this Lease);
(iii) any assessment, tax, fee, levy or charge allocable to or measured by governmental agencies for the area of the Premises or the rent payable hereunder, including, without limitation, any gross income tax or excise tax levied by the state, county, city or federal government, or any political subdivision thereof, with respect to the receipt of such purposes as streetrent, sidewalkor upon or with respect to the possession, roadleasing, utility construction operating, management and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu alteration, repair, use or occupancy of taxes; the Building, or any portion thereof;
(iv) any assessment, tax, fee fee, levy or excise on the use charge upon this transaction creating or occupancy of any part of the Project, transferring an interest or on rent for space an estate in the Project; Premises;
(v) any other assessment, tax, fee fee, levy or excisecharge based upon the number of people employed, however described, that may be levied or assessed as a substitute forworking at, or as an addition tousing the Premises or the Building, in whole or in part, any other Real Property Taxesutilizing public or private transportation to commute to the Premises or the Building; and and
(vi) reasonable consultants' legal and attorneys' fees other professional fees, costs and expenses disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do shall not include: (A) include federal or state income, franchise, transfer, inheritance or capital stock taxes, or income estate taxes measured by the net income of Landlord from all sources, unless or any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by parties which comprise Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Real Property Taxes. Taxes, assessments and charges now or hereafter levied or assessed uponTenant shall pay directly to each County Tax Collector, or with respect toother appropriate assessing authority, as it becomes due and not less than ten (10) days before delinquency, the Projectamount of the Real Property Tax, or any personal property of Landlord used as defined in the operation thereof or located thereinSubsection 16.1, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits applicable to the ProjectPremises during the term of this Lease. Notwithstanding the foregoing, including assessments, taxes, fees, levies and charges imposed by governmental agencies Tenant shall have no obligation to pay for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of the period prior to the Commencement Date, even if those Real Property Taxes are not assessed until after the Commencement Date. Further, Tenant shall have no obligation to pay any penalties or interest assessed with respect to the Premises for a period prior to the Commencement Date, even if such penalties or interest are not assessed until after the Commencement Date. If payments made by LandlordTenant are applied by the assessing authority to unpaid Real Property Taxes (including without limitation, any interest or penalties thereon) respecting a period prior to the Commencement Date, then Landlord shall be responsible for the Real Property Taxes (and all resulting interest and penalties thereon) which Tenant had attempted to pay, but which were diverted to pay earlier Real Property Taxes (including without limitation, all interest and penalties included therein). If any Real Property Taxes are payableconstituting assessments are, or may at the option election of the taxpayer be paidtaxpayer, payable in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make an election to make such payments in installments and Tenant shall be responsible for the determination payment of the proper allocation installments of such Real Property Taxes basedas shall be due and payable during the term of this Lease.
16.1 As used herein, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. "Real Property Taxes also do not include Tax" shall mean any increases in the taxesform of real estate tax or assessment, assessmentsgeneral, chargesspecial, excises ordinary or extraordinary, and levies assessed against the Project due solely to the construction any license fee, commercial rental tax, improvement bond or installation of tenant improvements bonds, levy or other alterations by tenants of the Project tax (other than Tenant and inheritance, personal income or estate taxes) imposed on the Premises by any other tenants authority having the direct or occupants of the Building; providedindirect power to tax, howeverincluding any city, that if state or federal government or any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Buildingschool, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.agricultural, sanitary, fire,
Appears in 1 contract
Real Property Taxes. Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) Tenant shall pay all real property taxes and general and special assessments; taxes including Possessory Interest Taxes (iicollectively, “Real Property Taxes”), levied and assessed against the Premises or Facility or any portion thereof. Tenant shall, semiannually, pay the Real Property Taxes not later than the Taxing Authority’s (as defined below) chargesdelinquency date. If, fees or assessments for transitat any time during the Term, housing, day care, open space, art, police, fire or other governmental services or benefits any authority having the power to the Projecttax, including assessmentsany federal, taxesstate or county government or any political subdivision thereof (collectively, fees“Taxing Authority”), levies shall alter the methods and/or standards of taxation and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu assessment against the legal or equitable interests of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space Landlord in the Project; (v) Premises or Facility or any other tax, fee improvements located or excise, however described, that may be levied or assessed as a substitute for, or as an addition toconstructed thereon, in whole or in part, so as to impose a monetary obligation on Landlord in lieu of or in addition to the taxes and assessments in existence as of the date of this Ground Lease, such taxes or assessments based thereon, including: (a) any tax, assessment, excise, surcharge, fee, levy, penalty, bond or similar imposition (collectively, “Impositions”), on Landlord’s right to rental or other income from the Premises or Facility or as against Landlord’s leasing of the Premises, (b) any Impositions in substitution or in lieu, partially or totally, of any Impositions assessed upon real property prior to any such alteration, (c) any Impositions allocable to or measured by the area of the Facility and/or Premises or the rental payable hereunder, including any Impositions levied by any Taxing Authority with respect to the receipt of such rental or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant or any subtenant of the Premises or Facility or any portion thereof, (d) any Impositions upon this lease transaction or any document to which Tenant is a party which creates or transfers any interest or estate in or to the Facility and/or Premises or any portion thereof, or (e) any special, unforeseen or extraordinary Impositions which, although not specifically described above, can fairly be characterized as a real property tax or a substitute for real property tax, shall be considered as Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property TaxesTaxes for the purposes of this Ground Lease. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; providedexclude, however, that all general income taxes, gift taxes, inheritance taxes and estate taxes, if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Buildingany, such Real Property Taxes shall be equitably prorated in owed by Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Lease Agreement
Real Property Taxes. Taxes(a) Tenant shall pay to Landlord its Proportionate Share set forth in Section 1(j) of all real property impositions during the Term in accordance with Section 2 of the Rent Rider. As used herein, assessments the term “real property impositions” means the aggregate amount of (i) any tax, assessment or other governmental charge of any kind which at any time during the Term may be assessed, levied, imposed upon or become due and charges now or hereafter levied or assessed upon, or payable with respect to, to the Building or the Project, ; (ii) any tax on Landlord’s right to receive or any personal property the receipt of Landlord used in the operation thereof or located therein, or Landlord's interest in rent from the Project or against Landlord’s business of leasing the building or the Project (provided that such personal property, by tax shall not include any federal, state or local entityincome tax); (iii) any tax or charge for fire protection, including: normal office refuse collection, streets, sidewalks or road maintenance or other services provided to the Building or the Project by any governmental agency; (iiv) all any tax replacing or supplementing in whole or in part any tax previously included within the definition of real property taxes impositions under this Lease; and general and special assessments; (iiv) chargesthe cost of prosecuting any appeal of the real property impositions, fees contesting the validity or assessments for transit, housing, day care, open space, art, police, fire amount of any real property impositions or other governmental services or benefits in retaining a refund of real property impositions with respect to the Project, including assessments, taxes, attorneys’ fees, levies and charges imposed by governmental agencies for such purposes as streetappraisers’ fees, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on limited to the use or occupancy extent of any part savings in such impositions. The real property impositions payable by Tenant shall be prorated for the fraction of the tax fiscal year included in the Term. Tenant shall not be responsible for any increase in real estate taxes arising solely by reason of the sale or refinancing of the Project.
(b) If an assessment for public improvements is levied against the Project, or on rent for space Landlord shall be deemed to have elected to pay such assessment in the Project; maximum number of installments then permitted by law (v) any other taxwhether or not Landlord actually so elects), fee or excise, however described, that may be levied or assessed and Tenant shall pay its Proportionate Share of the installments payable as a substitute for, result of such election or as an addition to, in whole deemed election during or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings attributable to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shallTerm, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from due as a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination result of the proper allocation of such Real Property Taxes based, to installment payments. Any installment for a period during which the extent possible, upon records Commencement Date or Expiration Date occurs shall be prorated for the fraction of the taxing authority and, if not so available, then on an equitable basis. period included in the Term.
(c) Real Property Taxes also property impositions do not include Landlord’s federal or state income, franchise, inheritance or estate taxes.
(d) If at any increases time during the Term hereof, Tenant shall desire to contest or prosecute an appeal for any real estate tax assessment affecting the Project, Tenant shall notify Landlord in writing of its desire to do so, and Landlord shall permit the Tenant to prosecute such appeal, and shall cooperate with Tenant in the taxesfiling and prosecution of such appeal. Notwithstanding the foregoing, assessmentsif Landlord does not believe, chargesin its reasonable judgment, excises and levies assessed against that the Project due solely to tax appeal would be advisable, then Tenant shall not bring a tax appeal during the construction or installation of tenant improvements or other alterations by tenants last two (2) years of the Project other than Tenant and Term or any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, extension thereof. Any such Real Property Taxes appeal shall be equitably prorated in Landlord's reasonable judgment between prosecuted by Tenant without cost and any expense to Landlord or the other tenants of the BuildingProject, other than reasonable attorneys’ fees, appraisal costs and court costs in the event of a successful appeal.
Appears in 1 contract
Samples: Lease Agreement (Party City Corp)
Real Property Taxes. Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect toAs used herein, the Projectterm Real Property Taxes shall include every form of tax (other than general net income or estate taxes of Landlord), charge, levy, assessment, fee, license fee, service fee (including, without limitation, those based on commercial rentals, energy or environmental grounds as well as any personal property increase due to reassessment or escape assessment whether caused by sale or lease of Landlord used in the operation thereof Premises, Building or located therein, or Landlord's interest in the Project or such personal propertyotherwise), ordinary or extraordinary, imposed by any federalauthority having direct or indirect power to tax, including, without limitation, any city, county, state or local entityfederal government or quasi-government entity or any improvement utility, including: (i) beautification or similar district against any legal or equitable interest of Landlord in, or against Landlord’s right to rent, the Premises or the Building, and any such tax, charge, levy, assessment or fee imposed, in addition to or in substitution for any tax previously included within the definition of real property tax, partially or totally, whether or not foreseeable or now within the contemplation of the parties provided that all separately identifiable real property taxes attributable solely to Tenant’s business or Tenant’s improvements which are valued at an amount in excess of the Building standard improvements, shall be paid entirely by Tenant, and general and special assessments; (ii) charges, fees not prorated with other tenants of the Building or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits Project. Tenant’s obligation to pay its share of the Project, including assessments, taxesas provided in this Section 6.4.2., fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise shall be calculated on the use or occupancy of any part basis of the Projectamount due if Landlord allows the assessments to go to bond, or on rent for space and the assessment is to be paid in installments, even if Landlord pays the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, assessment in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxesfull. Real Property Taxes do not include: (A) franchisefor each tax year shall be apportioned to determine the Real Property Taxes for the subject calendar years. Landlord, transferat Landlord’s sole discretion, inheritance or capital stock taxes, or income may contest any taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole the Building or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of Project during the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by LandlordTerm. If Landlord contests any Real Property Taxes are payabletaxes levied or assessed during the Term, or may at Tenant shall pay Landlord Tenant’s Proportionate Share of all costs reasonably incurred by Landlord in connection with the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingcontest.
Appears in 1 contract
Real Property Taxes. TaxesTenant agrees to pay all general and special real property taxes, assessments, liens, bond obligations, license fees or taxes, commercial rent taxes and any similar impositions in-lieu of other impositions now or previously within the definition of real property taxes or assessments and charges any and all assessments under any covenants, conditions and restrictions affecting the Premises (collectively “Real Property Taxes”) which may be now or hereafter levied or assessed uponagainst the Premises applicable to the period from the Commencement Date, until the expiration or with respect tosooner termination of this Lease. Real Property Taxes shall include, by way of illustration but not limitation, the Projectfollowing: (a) any tax on Landlord’s “right” to rent or “right” to other income from the Premises or as against Landlord’s business of leasing the Premises; (b) any assessment tax, fee, levy or charge in substitution, partially or totally, of any personal assessment, tax, fee, levy or charge previously included within the definition of real, property tax, it being acknowledged by Tenant and Landlord that Proposition 13 was adopted by the voters of Landlord used the State of California in the operation thereof or located thereinJune, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes 1978 election and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes services as fire protection, street, sidewalk, road, utility construction sidewalk and road maintenance, refuse removal and for other governmental servicesservices formerly provided without charge to property owners or occupants. It is the intention of Tenant and Landlord that all such new and increased assessments, taxes, fees, levies and charges be included within the definition of “real property taxes” for the purposes of this Lease; (iiic) service payments any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or the Rent payable by Tenant hereunder, including, without limitation, any gross receipts tax or excise tax levied by state, city or federal government, or any political subdivision thereof, with respect to the receipt of such Rent, or upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant and of the Premises; (d) any assessment, tax, fee, levy or charge upon this transaction or any document to which Tenant is a party, creating or transferring an interest or an estate in the Premises; and/or (e) any assessment, tax, fee, levy or charge by any governmental agency related to any transportation plan, fund or system (including assessment districts) instituted within the geographic area of which the Premises make a part, but Real Property Taxes shall expressly exclude, income or franchise taxes, capital stock, inheritance, estate, gift, transfer taxes (including so-called transfer taxes associated with any conveyance), deed stamps, conveyance fees or taxes, impact or development fees, rent, revenue, succession or similar tax levied against Landlord or the Premises or any portion thereof, other business taxes, or any other taxes imposed upon or measured by the Landlord’s income or profits, except to the extent the same shall be imposed in lieu of real estate or other ad valorem taxes; . All Real Property Taxes for the tax year in which this Lease terminates shall be apportioned and adjusted so that Tenant shall not be responsible for any Real Property Taxes for a period of time occurring subsequent to the expiration of the Lease term. Tenant agrees to pay to Landlord the total Real Property Taxes prior to delinquency after Landlord’s presentation to Tenant of a true and correct copy of the tax xxxx. Failure of Tenant to pay to Landlord said Real Property Taxes as and when herein specified shall, in addition to all other rights and remedies of Landlord hereunder, subject Tenant to any fine, penalty, interest, or cost which Landlord may incur as a result thereof, provided that in no event shall Tenant be responsible for any such fine, penalty, interest or cost resulting from Landlord’s failure to present such tax xxxx to Tenant on or prior to the date thirty (iv30) days prior to the due date therefor. If applicable, Tenant shall, within thirty (30) days after demand, reimburse Landlord for any such fine, penalty, interest, or cost, together with interest thereon at the Interest Rate. Landlord agrees to use its commercially reasonable efforts to contest any tax, fee or excise on assessment wholly or partially paid or reimbursed by Tenant to the use or occupancy of any part of same extent as Landlord would contest the Project, or on rent for space in same if Landlord had paid the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, assessment itself. Landlord shall reimburse Tenant for Tenant’s appropriate share of any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured all amounts recovered by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation result of such Real Property Taxes basedcontest after deducting Landlord’s reasonable, to the extent possible, upon records actually-incurred costs of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingcontest.
Appears in 1 contract
Samples: Single Tenant Lease (Triple Net) (Global Brass & Copper Holdings, Inc.)
Real Property Taxes. Landlord will pay to the proper taxing authorities, as they become due, all Real Property Taxes applicable to the Premises after the Commencement Date (but excluding any fees or assessments which specifically relate to Landlord’s development process prior to the Commencement Date), and Tenant will reimburse Landlord for those taxes as provided in clause (b) below. The term “Real Property Taxes” includes, but is not limited to, the following:
(i) real property taxes;
(ii) possessory interest taxes;
(iii) business, license, or use fees,
(iv) excises;
(v) transit charges;
(vi) housing fund assessments;
(vii) open space charges;
(viii) childcare fees;
(ix) school fees;
(x) any other assessments, levies, fees, or charges, general and special, ordinary and extraordinary, unforeseen and foreseen (including fees “in- lieu” of any tax or assessment) that are assessed, levied, charged, confirmed, or imposed by any public authority upon the Premises (or any real property comprising any portion of the Premises) or its operations; but excluding, and notwithstanding any other provision herein, , any assessments relating to public improvements on Xxxxx Road and the Xxxxx Road Highway 101 interchange, which shall be the sole responsibility of the Landlord;
(xi) all taxes, assessments, or other fees imposed by any public authority on or measured by any Rent or other charges now payable under this Lease, including any gross income tax or hereafter excise tax levied by the local government authority, the federal government, or assessed any other governmental body with respect to receipt of rent, or upon, or with respect to, or by reason of, the Projectdevelopment, possession, leasing, operation, management, maintenance, alteration, repair, use, or occupancy by Tenant of the Premises or any portion of the Premises, or on this transaction or any document to which Tenant is a party creating or transferring an interest in the Premises; and
(xii) any tax imposed in substitution, partially or totally, of any tax previously included within the definition or any additional tax, the nature of which was previously included within the definition, together with the costs and expenses (including attorney fees) of changing any taxes or seeking the reduction in or abatement, redemption, or return of any taxes, but only to the extent of any reduction, abatement, redemption, or return. Nothing contained in this Lease will require Tenant to pay any franchise, corporate, estate, or inheritance tax of Landlord, or any personal property of Landlord used in the operation thereof or located thereinincome, profits, or Landlord's interest in the Project revenue tax or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise charge on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Office Lease—build to Suit (Mission Community Bancorp)
Real Property Taxes. Taxes(a) Landlord shall pay the real property tax, assessments as defined in Section 5.2(b), applicable to the Project, subject to reimbursement by Tenant of Tenant's Share of increases in such Taxes in accordance with the provisions of Section 5.1.
(b) Real property tax" shall include any form of real property tax or assessment, general, special, or otherwise, and charges now any license fee, commercial rental tax, improvement bond or hereafter bonds, levy or tax levied or assessed upon, upon or with respect toto the Building, the Project, and the Land, imposed upon or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes respect to the Building, the Project, and the Land, imposed by Federal, State and/or local governments, as well as school districts and/or other taxing authorities (but shall not include income, franchise, capital stock, estate or inheritance taxes or taxes based upon receipts of rentals, unless the same be in substitution for or in lieu of a real property tax or assessment), and any personal property taxes imposed upon the fixtures, machinery, equipment. apparatus, systems and appurtenances in, upon or used in connection with the Building and the Project for the operation thereof. However, if, because of any change in the method of taxation of real property, any other or additional tax or assessment is imposed upon Landlord shall make or upon or with respect to the determination Building, the Project, and/or the Land or the rents or income therefrom, in addition to or in substitution for, or in lieu of any tax or assessment which would otherwise be a real property tax, or personal property tax of the proper allocation type referred to above, such other tax or assessment shall also be deemed a real property tax. As used herein, the term "real property tax" shall be deemed to include "real estate tax".
(c) Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of such Real Property Taxes basedTenant contained in the Premises or related to Tenant's use of the Premises. If any of Tenant's personal property shall be assessed with Landlord's real property, Tenant shall pay to Landlord the taxes attributable to Tenant within ten (10) days after receipt of a written statement from Landlord setting forth the taxes applicable to Tenant's property.
(d) From time to time Landlord may challenge the assessed value of the Project as determined by applicable taxing authorities and/or Landlord may attempt to cause the real property taxes to be reduced on other grounds. If Landlord is successful in causing the real property taxes to be reduced or in obtaining a refund, rebate, credit or similar benefit (hereinafter collectively referred to as a "reduction"), Landlord shall, to the extent possiblepracticable, upon records credit the reduction(s) to real property taxes for the calendar year to which a reduction applies and recalculate the Expense Increases owed by Tenant for years after the year in which the reduction applies based on the reduced real property taxes (if a reduction applies to Tenant's Base Year, the Base Year Expenses shall be reduced by the amount of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in reduction and Tenant's Share of Expense Increases shall be recalculated for all Comparison Years following the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants year of the Project other than Tenant and any other tenants or occupants of reduction based on the Building; provided, however, that if any Real Property Taxes are imposed or increased due to lower Base Year amount). All costs incurred by Landlord in obtaining the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes real property taxes reductions shall be equitably prorated considered an Operating Expense and Landlord shall determine, in Landlord's reasonable judgment between Tenant its sole discretion to which years any reductions will be applied. In addition, all accounting and any related costs incurred by Landlord in calculating new Base Years for tenants and in making all other tenants of the Buildingadjustments shall be an Operating Expense.
Appears in 1 contract
Samples: Standard Office Lease (Pdi Inc)
Real Property Taxes. E-1. Tenant's Obligations --------------------
a. Tenant agrees to pay the Real Property Taxes, assessments as defined below, which accrue with respect to the Property (including the Lot and charges now the Building) during the Term of the Lease, and Tenant shall pay to Landlord the Real Property Taxes within thirty (30) days after receipt from Landlord of the applicable tax xxxx and, in any event, not later than the date on which such Real Property Taxes are due. As used herein, the term "Real Property Taxes" shall include any form of real estate tax or hereafter levied assessment, general, special, ordinary or assessed uponextraordinary, and any license fee, rental tax, parking surcharge, improvement bond or bonds, levy\\ or tax (other than inheritance, income or estate taxes) imposed on or with respect toto the Premises by any authority having the direct or indirect power to tax, the Projectincluding any city, state or federal government, or any personal school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Landlord in the Premises or in the real property of Landlord used in which the operation thereof Premises are a part, as against Landlord's right to Rent or located thereinother income therefrom, or as against Landlord's business of leasing the Premises. The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge herein above included within the definition of "Real Property Taxes" or (ii) the nature of which was hereinabove included within the definition of "Real Property Taxes," or (iii) which is imposed as a result of a transfer, either partial or total, of Landlord's interest in the Project Premises or such personal property, by any federal, state which is added to a tax or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to charge herein before included within the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment definition of Real Property Taxes by Landlord. If reason of such transfer (but not any Real Property Taxes are payabledocumentary transfer tax payable in connection with such transfer), or may at (iv) which is imposed by reason of this transaction, any modifications or changes hereto or any transfers hereof (but not any documentary transfer tax payable in connection with such transfer) or (v) which is measured by or reasonably attributable to the option cost or value of Tenant's equipment, fixtures or other property located on the Premises or Tenant's leasehold improvements made in or to the Premises, regardless of whether title to such improvements shall be in Landlord or Tenant, or (vi) upon or measured by the rent payable hereunder, (vii) upon or with respect to the possession, leasing, operation, maintenance, management, repair, use or occupancy of the taxpayer be paid, in installments, such Real Property Taxes shall, together with Premises or any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingportion thereof.
Appears in 1 contract
Samples: Lease (Am General Corp)
Real Property Taxes. For purposes of this Lease, “Real Property Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property ” shall consist of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property estate taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or all other governmental services or benefits taxes relating to the ProjectBuilding and/or the Common Areas, including assessmentsas applicable, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for all other governmental services; (iii) service payments taxes which may be levied in lieu of real estate taxes; (iv) any tax, fee all assessments, local improvement districts, assessment bonds, levies, fees and other governmental charges, including, but not limited to, charges for traffic facilities and improvements, water service studies, and improvements or excise on the use amounts necessary to be expended because of governmental orders, whether general or occupancy special, ordinary or extraordinary, unforeseen as well as foreseen, of any part of kind and nature for public improvements, services, benefits, which are assessed, levied, confirmed, imposed or become a lien upon the ProjectBuilding and/or the Common Areas, or on rent for space in become payable during the Project; Term (v) any other tax, fee or excise, however described, that may be levied which become payable after the expiration or assessed as a substitute for, or as an addition to, earlier termination hereof and are attributable in whole or in partpart to any period during the Term hereof), together with all costs and expenses incurred by Landlord in successfully contesting, resisting or appealing any other such taxes, rates, duties, levies or assessments; provided, to the extent any assessment is payable by Landlord over time, Tenant shall only be obligated to pay that portion of such assessment that would have been payable during the term of this Lease if Landlord had elected to pay such assessment over the longest time period legally allowed. “Real Property Taxes; ” shall exclude any assessments for improvements pertaining to the original development of the Building and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) any franchise, transferestate, inheritance or capital stock taxessuccession transfer tax of Landlord, or income taxes measured by any federal or state income, profits or revenue tax or charge upon the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if at any Real Property Taxes are imposed time during the Term there is levied or increased due to the construction assessed against Landlord a federal, state or installation of tenant improvements local tax or other alterations in the Buildingexcise tax on rent, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and or any other tenants tax however described on account of rent or gross receipts or any portion thereof, Tenant shall pay one hundred percent (100%) of the BuildingTenant’s Share of any said tax or excise applicable to Tenant’s Rent as Additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Planar Systems Inc)
Real Property Taxes. TaxesAny fee, assessments and charges now license fee, license tax, business license fee, commercial rental tax, levy, charge, assessment, penalty or hereafter levied tax imposed by any taxing authority against the Land or assessed uponthe Building; any tax on Landlord's right to receive, or with respect tothe receipt of, rent or income from the ProjectLand or the Building; any assessment levied by a local landscape or lighting maintenance district; any tax or charge for fire protection, streets, sidewalks, road maintenance, refuse or other services provided to the Land or the Building; any personal property tax imposed on this transaction; any tax or increase of Landlord used taxes based on a reassessment of the Land or the Building due to a change in ownership or transfer of all or part of the operation thereof or located therein, Building or Landlord's interest in this Lease, the Project Land or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property TaxesBuilding; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine any charge or reduce Real Property Taxesfee replacing any tax previously included within this definition. Real Property Taxes do not include: (Ai) Landlord's federal or state net income, franchise, transferinheritance, inheritance gift or capital stock estate taxes, (ii) a special assessment levied by any governmental authority or as a result of the removal of any Hazardous Materials caused by Landlord but not by third parties, (iii) reserves for future taxes, or income (iv) any documentary transfer taxes measured arising out of a transfer or sale by Landlord of all or a portion of the net income Building. In the case of any assessment which may be evidenced by improvement or other bonds or which may be paid in annual or other periodic installments, Landlord from all sources, unless any shall elect to cause such taxes are levied or assessed against Landlord as assessment to be paid in installments over the maximum period permitted by law. If a substitute for, reduction in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants Taxes is obtained for any year of the Project under their leases; Term during which Tenant paid Real Property Taxes in excess of the Base Year Real Property Taxes, then Operating Expenses for such year shall be retroactively adjusted and Landlord shall provide Tenant with a credit against Tenant's next due obligations for Tenant's Share of Operating Expenses, or, if none, refund such amount to Tenant within thirty (C30) penaltiesdays based on such adjustment. Landlord agrees to contest increases in the assessed valuation of the Building, fines, interest or charges due for late payment which affect the general real estate tax component of Real Property Taxes by Landlord. If taxes or any other increase in Real Property Taxes are payable, or may at the option customarily protested by prudent owners of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases commercial office buildings in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation City of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations San Diego in the Building, a manner appropriate for such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingan owner.
Appears in 1 contract
Samples: Office Building Lease (Santarus Inc)
Real Property Taxes. Taxes, assessments and charges now or ------------------- hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' , and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)
Real Property Taxes. Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect toAs used herein, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) term "Taxes" shall mean all real property taxes and general assessments, water and special sewer taxes and assessments; (ii) , and any and all other governmental levies, taxes or charges, fees general or assessments for transitspecial, housingordinary or extraordinary, day careunforeseen as well as foreseen, open spaceof any kind of nature whatsoever, art, police, fire which may be assessed or other governmental services or benefits imposed from time to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of time during any part of the Project, or on rent for space in Term by the Project; (v) City of New Haven and/or any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a governmental taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possibleauthority, upon records of the taxing authority andProperty, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against Building and/or the Project due solely parking lot(s) from time to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of time serving the Building; provided, however, that if Taxes shall not include any Real Property Taxes are imposed income or increased corporate franchise tax levied on Landlord. If, due to a future change in the construction method of taxation or installation of tenant improvements in the taxing authority, a tax or governmental imposition, however designated (including, without limitation, any tax measured or payable with respect to income, profits, rents or other alterations in charges received by Landlord and levied against Landlord, the Property and/or the Building, such Real Property Taxes ) shall be equitably prorated levied against Landlord, the Property and/or the Building in Landlord's reasonable judgment between substitution, in whole or in part, or as an addition to or in lieu of any Taxes, then such tax or governmental imposition shall be deemed to be included within the definition of the term "Taxes" for the purposes hereof. Landlord shall deliver to Tenant and a copy of each tax xxxx it receives from the City of New Haven and/or any other tenants governmental taxing authority for Taxes, together with an invoice and a calculation of Tenant's Pro Rata Share of Taxes. Within ten (10) business days following Tenant's receipt of such invoice and copy of the Buildingtax xxxx, Tenant shall pay to Landlord, as Additional Rent hereunder, Tenant's Pro Rata Share of Taxes assessed for any period any part of which shall occur during the Term. If Landlord receives an abatement of Taxes from the City of New Haven or other governmental taxing authority following receipt by Landlord of payment from Tenant for Tenant's Pro Rata Share of such Taxes, then Landlord shall within ten (10) business days of its receipt of such abatement refund to Tenant Tenant's Pro Rata Share of such abatement.
Appears in 1 contract
Real Property Taxes. The term "Real Property Tax" or "Real Property Taxes" shall each mean Tenant's Proportionate Share of(i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public - improvements and charges any increases resulting from reassessments caused by any change in ownership or new Construction), 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 upon, or with respect to, for whatever reason against the Project, Property or any personal property of Landlord used in the operation thereof or located thereinportion thereof, or Landlord's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and 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, which amount shall not exceed the Real Property Tax savings realized in any given year. Notwithstanding the foregoing, Tenant shall be responsible for 100% of any increases resulting from Real Property Tax reassessments due the Improvement Work. If at any time during the Lease Term, the taxation or assessment of the Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the Project method of taxation or such personal propertyassessment, by creation of a new tax or charge, or any federalother cause) an alternate, state substitute, or local entity, including: additional use or charge (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the value, size, use or occupancy of any part of the ProjectProperty or Landlord's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Property, or on rent for space Landlord's business of owning, leasing or managing the Property or (iii) computed in any manner with respect to the Project; (v) operation of the Property, then any other tax, fee such tax or excisecharge, however describeddesignated, that may shall be levied included within the meaning of the terms "Real Property Tax" or assessed as a substitute for, or as an addition to, in whole or in part, any other "Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income " for purposes of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlordthis Lease. If any Real Property Taxes are payable, Tax is partly based upon property or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes rents unrelated to the BuildingProperty, Landlord shall make the determination of the proper allocation then only that part of such Real Property Taxes based, Tax that is fairly allocable to the extent possible, upon records Property shall be included within the meaning of the taxing authority and, if not so available, then on an equitable basis. terms "Real Property Taxes also do Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes" shall not include any increases in estate, inheritance, transfer, gift or franchise taxes of Landlord or the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction federal or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are state income tax imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in on Landlord's reasonable judgment between Tenant and any other tenants of the Buildingincome from all sources.
Appears in 1 contract
Samples: Lease (Digital Island Inc)
Real Property Taxes. Taxes, assessments and charges now or ------------------- hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Lease (At Home Corp)
Real Property Taxes. TaxesTenant shall pay all real property taxes, assessments and charges now or hereafter general and special taxes including, without limitation, possessory interest taxes ("real property taxes"), levied or and assessed upon, or with respect to, against the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) Property and all real property taxes and general and special assessments; (ii) chargesassessments levied against Xxxxxx's interests in the Property during the Term. In the event Landlord receives a tax bill for the Property, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to Landlord shall notify Tenant of the Project, including assessments, real property taxes, feesand immediately on receipt of the tax bill, levies and charges imposed by governmental agencies for such purposes as streetshall furnish Tenant with a copy of the tax bill. Tenant shall, sidewalksemiannually, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu pay the real property taxes not later than the taxing authority's delinquency date. If at any time during the Term of taxes; (iv) this Lease any authority having the power to tax, fee including, without limitation, any federal, state, county, city government or excise on any political subdivision thereof (collectively, "taxing authority"), shall alter the use methods and/or standards of taxation and assessment against the legal or occupancy equitable interests of any part of the Project, or on rent for space Landlord in the Project; (v) any other tax, fee Property or excise, however described, that may be levied the Improvements located or assessed as a substitute for, or as an addition toconstructed thereon, in whole or in part, so as to impose a monetary obligation on Landlord in lieu of or in addition to the taxes and assessments in existence as of the date of this Lease, such taxes or assessments based thereon, including, without limitation, (a) a tax, assessment, excise, surcharge, fee, levy, penalty, bond or similar imposition (collectively, "impositions"), on Landlord's right to rental or other income from the Property or as against Landlord's leasing of the Property, (b) any other Real Property Taxes; and impositions in substitution or in lieu, partially or totally, of any impositions assessed upon real property prior to any such alteration, (vic) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings any impositions allocable to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income area of Landlord from all sourcesthe Property or the rental payable hereunder, unless including, without limitation, any impositions levied by any taxing authority with respect to the receipt of such taxes are levied rental or assessed against Landlord with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant or any subtenant of the Property or any portion thereof, (d) any impositions upon this lease transaction or any document to which Tenant is a party which creates or transfers any interest or estate in or to the Property (other than any transfer tax which may be due upon recordation of the Memorandum of Lease described in Section 3.1), or (e) any special, unforeseen or extraordinary impositions which, although not specifically described above, can fairly be characterized as a real property tax or a substitute forfor real property tax, in whole or in part, any shall be considered as "real property taxes" for the purposes of this Lease. "Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord property taxes" shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; providedexclude, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Buildingall general income taxes, such Real Property Taxes shall be equitably prorated in gift taxes, inheritance taxes and estate taxes owed by Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Real Property Taxes. TaxesAny form of assessment, assessments and charges license, fee, rent tax, levy, interest or penalty (unless a result of Tenant’s delinquency), or tax (other than net income, estate, succession, inheritance, transfer or franchise taxes), imposed by any authority having the direct or indirect power to tax, or by any city, county, state or federal government or any improvement or other district or division thereof, whether such tax is: (i) determined by the value or area of the Project or any part thereof (or any improvements now or hereafter made to the Project or any portion thereof by Landlord, Tenant or other tenants) or the rent and other sums payable hereunder by Tenant or by other tenants, including, but not limited to, any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of such rent or other sums due under this Lease; (ii) upon any legal or equitable interest of Landlord in the Project or any part thereof; (iii) upon this transaction or any document to which Tenant is a party creating or transferring any interest in the Project; (iv) levied or assessed uponin lieu of, in substitution for, or with respect in addition to, existing or additional taxes against the ProjectProject whether or not now customary or within the contemplation of the parties; (v) assessed for the purpose of constructing or maintaining or reimbursing the cost of construction of any streets, utilities or other public improvements; (vi) surcharged against the parking area; or (vii) levied upon any personal property of Landlord Landlord, Tenant or other tenants located on or used exclusively in connection with the operation thereof of the Project. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include any of the following tax or located therein, assessment expenses: (a) gift taxes of Landlord or Landlord's interest in the Project or such personal property, by any federal, state or local entityincome, including: sales or transfer tax, (ib) all real property taxes penalties and general interest, other than those attributable to Tenant’s failure to comply timely with its obligations pursuant to this Lease, (c) increases in Real Property Taxes (whether increases result from increased rate, valuation, or both) attributable to additional improvements to the Premises unless constructed for Tenant’s primary benefit or for the common benefit of Tenant and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to tenants in the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vid) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option in excess of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that amount which would otherwise be payable with if such installment, be deemed to have been tax or assessment expense were paid in installments, amortized installments over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildinglongest possible term.
Appears in 1 contract
Real Property Taxes. (a) Landlord shall pay the Real Property Taxes, assessments and charges now or hereafter levied or assessed uponas defined in Section 5.2(b), or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits applicable to the Project, including assessments, taxes, fees, levies and charges imposed subject to reimbursement by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu Tenant of taxes; (iv) any tax, fee or excise on the use or occupancy Tenant's Share of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in such Taxes in accordance with the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation provisions of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the BuildingSection 5.1; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall not be equitably prorated subject to the gross up described in said Section 5.1.
(b) Real Property Taxes" shall include any form of Real Property Tax or assessment, general, special, or otherwise, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax levied upon or with respect to the Building, the Project, and the Land, imposed upon or with respect to the Building, the Project, and the Land, imposed by Federal, State and/or local governments, as well as school districts and/or other taxing authorities (but shall not include income, franchise, capital stock, estate or inheritance taxes or taxes based upon receipts of rentals, unless the same be in substitution for or in lieu of a Real Property Tax or assessment), and any personal property taxes imposed upon the fixtures, machinery, equipment. apparatus, systems and appurtenances in, upon or used in connection with the Building and the Project for the operation thereof. However, if, because of any change in the method of taxation of real property, any other or additional tax or assessment is imposed upon Landlord or upon or with respect to the Building, the Project, and/or the Land or the rents or income therefrom, in addition to or in substitution for, or in lieu of any tax or assessment which would otherwise be a Real Property Tax, or personal property tax of the type referred to above, such other tax or assessment shall also be deemed a Real Property Tax. As used herein, the term "Real Property Tax" shall be deemed to include "real estate tax”.
(c) Tenant shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Tenant contained in the Premises or related to Tenant's use of the Premises. If any of Tenant's personal property shall be assessed with Landlord's reasonable judgment between real property, Tenant and any other tenants shall pay to Landlord the taxes attributable to Tenant within ten (10) days after receipt of a written statement from Landlord setting forth the taxes applicable to Tenant's property.
(d) From time to time Landlord may challenge the assessed value of the BuildingProject as determined by applicable taxing authorities and/or Landlord may attempt to cause the Real Property Taxes to be reduced on other grounds. If Landlord is successful in causing the Real Property Taxes to be reduced or in obtaining a refund, rebate, credit or similar benefit (hereinafter collectively referred to as a "reduction"), Landlord shall, to the extent practicable, credit the reduction(s) to Real Property Taxes for the calendar year to which a reduction applies and recalculate the Expense Increases owed by Tenant for years after the year in which the reduction applies based on the reduced Real Property Taxes (if a reduction applies to Tenant's Base Year, the Base Year Expenses shall be reduced by the amount of the reduction and Tenant's Share of Expense Increases shall be recalculated for all Comparison Years following the year of the reduction based on the lower Base Year amount). All costs incurred by Landlord in obtaining the Real Property Taxes reductions shall be considered an Operating Expense and Landlord shall determine, in its sole discretion to which years any reductions will be applied. In addition, all accounting and related costs incurred by Landlord in calculating new Base Years for tenants and in making all other adjustments shall be an Operating Expense.
Appears in 1 contract
Real Property Taxes. TaxesAll general property and improvement taxes and all forms of assessment, assessments and charges now special assessment or hereafter levied reassessment, license fee, license tax, business license tax, commercial rental tax, in lieu tax, levy, charge, penalty (to the extent not imposed as a result of Landlord's negligence) or assessed uponsimilar imposition, imposed by any authority having the direct power to tax, including any city, county, state or with respect to, the Projectfederal government, or any personal property school, agricultural, lighting, drainage or other improvement or special assessment district thereof, or any agency or public body, as against any legal or equitable interest of Landlord used in the operation thereof Premises and all improvements thereon and thereto as they presently exist or located thereinas they may be expanded, developed, constructed or altered from time to time, including but not limited to: (i) any tax on Landlord's interest in rent, right to rent or other income from the Project Premises or such personal propertyas against Landlord's business of leasing the Premises, by any but specifically excluding Landlord's federal, state or local entitycity income, including: (i) all real property taxes and general and special assessmentsfranchise, corporate, personal property, stock transfer, revenues, inheritance or estate taxes; (ii) chargesany assessments, fees taxes, fees, levies or assessments charges in addition to, or in substitution, partially or totally, for transitany assessment, housingtax, day carefee, open spacelevy or charge previously included within the definition of real property tax before adoption of Proposition 13 by the voters of the State of California in the June 1978 election, art, police, fire or other governmental services or benefits to the Project, including it being acknowledged by Tenant and Landlord that assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes services as fire protection, street, sidewalk, road, utility construction sidewalk and road maintenance, refuse removal and for other governmental servicesservices that were before Proposition 13 provided without charge to property owners or occupants; and (iii) service payments in lieu of taxes; (iv) any assessment, tax, fee fee, levy or charge upon this transaction or any document to which Tenant is a party which is imposed on the creation or transfer of an interest or an estate in the Premises. It is the intention of Tenant and Landlord that all new and increased assessments, taxes, fees, levies and charges, and all similar assessments, taxes, fees, levies and charges be included within the definition of Real Property Taxes for the purposes of this Lease. Real Property Taxes for the first year of the Term shall be calculated as if the Premises and related improvements were fully assessed. If at any time during the Term the laws concerning the methods of real property taxation prevailing at the commencement of the Lease Term are changed so that a tax or excise on the use rents or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are is levied or assessed against Landlord as a substitute for, substitution in whole or in partpart for any real property taxes, then Real Property Taxes shall include, but not be limited to, any Real Property Tax; (B) Impositions and all similar amounts payable such assessment, tax, fee, levy or charge allocable to or measured by tenants the area of the Project Premises or the rent payable hereunder, including, without limitation, any gross income tax with respect to the receipt of such rent, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof. With respect to any assessments that may be levied against or upon the Premises and that under their leases; and (C) penaltiesthe laws then in force may be evidenced by improvement or other bonds, finesor may be paid in annual installments, interest or charges due for late payment there shall be included within the definition of Real Property Taxes by Landlord. If with respect to any Real Property Taxes are payabletax fiscal year only the amount currently payable on such tax, bond or may at assessment, including interest, for such tax fiscal year or the option of the taxpayer be paid, in installments, current annual installment for such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingfiscal year.
Appears in 1 contract
Samples: Standard Industrial Lease (Redline Performance Products Inc)
Real Property Taxes. TaxesAny form of assessment, assessments and charges license, fee, rent tax, levy, interest or penalty (unless a result of Tenant’s delinquency), or tax (other than net income, estate, succession, inheritance, transfer or franchise taxes), imposed by any authority having the direct or indirect power to tax, or by any city, county, state or federal government or any improvement or other district or division thereof, whether such tax is: (i) determined by the value or area of the Project or any part thereof (or any improvements now or hereafter made to the Project or any portion thereof by Landlord, Tenant or other tenants) or the rent and other amounts payable hereunder by Tenant or by other tenants, including any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of such rent or other amounts due under this Lease; (ii) upon any legal or equitable interest of Landlord in the Project or any part thereof; (iii) upon this transaction or any document to which Tenant is a party creating or transferring any interest in the Project; (iv) levied or assessed uponin lieu of, in substitution for, or with respect in addition to, existing or additional taxes against the ProjectProject whether or not now customary or within the contemplation of the parties; (v) assessed for the purpose of constructing or maintaining or reimbursing the cost of construction of any streets, utilities or other public improvements; (vi) surcharged against the parking area; or (vii) levied upon any personal property of Landlord Landlord, Tenant or other tenants located on or used exclusively in connection with the operation thereof of the Project. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include any of the following tax or located therein, assessment expenses: (a) gift taxes of Landlord or Landlord's interest in the Project or such personal property, by any federal, state or local entityincome, including: sales or transfer tax, (ib) all real property taxes penalties and general interest, other than those attributable to Tenant’s failure to comply timely with its obligations pursuant to this Lease, (c) increases in Real Property Taxes (whether increases result from increased rate, valuation, or both) attributable to additional improvements to the Premises unless constructed for Tenant’s primary benefit or for the common benefit of Tenant and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to tenants in the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vid) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option in excess of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that amount which would otherwise be payable with if such installment, be deemed to have been tax or assessment expense were paid in installments, amortized installments over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildinglongest possible term.
Appears in 1 contract
Real Property Taxes. Tenant shall pay to Landlord each year, as Additional Rent, a sum equal to the amount by which the real estate taxes and other assessments (collectively the "Real Property Taxes, assessments " as below defined) allocable to and charges now or hereafter levied or assessed upon, or with respect to, against the Project, or any personal property of Landlord used in Premises during such year exceed the operation thereof or located therein, or LandlordReal Property Taxes for calendar year 1999 for County Taxes and fiscal year 1999/2000 for School Taxes. The amount so allocable to and levied against the Premises will be the sum obtained by multiplying Tenant's interest in "Pro Rata Share" (below defined) by the Project or such personal property, by any federal, state or local entity, including: Real Property Taxes levied against the Building and Lot.
(i) all All real property estate taxes, including but not limited to town, county and school taxes and general and special assessments; payable (adjusted after protest or litigation, if any) for any part of the term of this Lease, including any extension period hereof, but exclusive of penalties or discounts, on the Property , (ii) chargesany taxes which shall be levied in lieu of the taxes described in (i) above or which shall be levied on the gross rentals of the Property and the Common Areas but excluding all income taxes of Landlord, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments pure waters charges (part based upon assessment and part upon the water consumption by other tenants and users in lieu of taxes; the Building), sewer district charges, lighting charges, fire district charges and other charges and any assessments (special or otherwise) made against the Property and the Common Areas which shall be required to be paid during the calendar year or fiscal year in respect to which they are being detern1ined, (iv) any taxwater and water pollution charges, fee (v) and any other governmental real estate taxes, levies, impositions or excise on the use charges of a similar or occupancy of dissimilar nature, whether general, special, ordinary , extraordinary , foreseen or unforeseen which may be assessed, levied or imposed upon all or any part of the ProjectProperty and the Common Areas, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) the reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine expense of contesting the amount or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock validity of any such taxes, charges or income taxes measured by assessments, such expense (including reasonable attorneys fees) to be applicable to the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants period of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingitem contested.
Appears in 1 contract
Samples: Lease Agreement (X Ramp Com Inc)
Real Property Taxes. TaxesTenant agrees to pay to Landlord, assessments and charges now or hereafter levied or assessed uponprior to delinquency, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property "taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits applicable to the ProjectProperty," which shall include taxes, including assessments, taxes, fees, levies bonds and other charges imposed by governmental agencies any government entity on The Property, any special assessments imposed on The Property for such purposes as streetthe construction or improvement of public works for the benefit of The Property, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee fee, or excise levied, assessed, and/or based on rent, on the use or occupancy square footage of any part The Property, on the act of the Projectentering into this Lease, or on rent for space in the Project; (v) Tenant's occupancy, or any other tax, fee fee, or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole substitution or in partaddition to taxes applicable to The Property, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contestincluding, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchisewithout limitation, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Buildingso-called value added tax; provided, however, that if Tenant shall not be required to pay any Real municipal, county, state, or federal income or franchise taxes of Landlord or transfer taxes of Landlord. With respect to any assessments which may be levied against or on The Property Taxes are imposed and which under the laws then in force may be evidenced by improvement or increased due other bonds or may be paid in annual installments, there shall be included within the definition of "taxes applicable to The Property," with respect to any tax fiscal year, only the current annual installment for such tax fiscal year. In the event The Property is not separately assessed, then the taxes, assessments and other charges shall be apportioned upon the ratio of total number of square feet in The Property to the construction or installation total number of tenant improvements or other alterations square feet in all offices in The Building. Within a reasonable time after the date Landlord receives each tax xxxx covering The Property, Landlord shall notify Tenant in writing of the following: (1) the total taxes applicable to The Property for the tax fiscal year in question; and (2) the basis for calculating the taxes applicable to The Property. Tenant's liability to pay taxes applicable to The Property shall be prorated on the basis of a 365-day year to account for any fractional portion of a tax fiscal year included in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant term at its commencement and any other tenants expiration. After expiration or termination of the Buildingterm, Tenant shall pay to Landlord, immediately on demand, the amount remaining unpaid toward Tenant's obligation to pay taxes applicable to The Property for the partial tax fiscal year included in the term at its end, or Landlord shall pay to Tenant any excess amounts Tenant shall have paid to Landlord for such last tax fiscal year included in the term at its end, provided Tenant is not in default.
Appears in 1 contract
Real Property Taxes. TaxesAs Additional Rent and in accordance with Paragraph 4.E of this Lease, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property Tenant shall pay to Landlord Tenant's Share of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by that accrue during the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions Lese Term and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of which constitute Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes pertaining to the BuildingComplex. This obligation shall survive the expiration or earlier termination of this Lease, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to by the construction or installation of tenant improvements County Assessor or other alterations in governmental authority for the Buildingperiod of time constituting the Lease Term, whether or not Landlord is billed for the same during the Lease Term. Tenant shall pay such Real Property Taxes when they are ultimately billed, in accordance with Paragraph 4.E. The term "Real Property Taxes," as used herein, shall mean (i) all taxes, assessments, levied 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 new improvements 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 Complex (as not constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord's interest therein; any improvements located within the Complex (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the Complex; or parking areas, public utilities, or energy within the Complex; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Complex; and (iii) all costs and fees (including attorneys' fees) incurred by Landlord in protesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, but only if Tenant has requested Landlord to contest such taxes. If at any time during the term of this Lease the taxation or assessment of the Complex prevailing as to the commencement date of this Lease shall be equitably prorated altered to that in lieu 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 Complex, or Landlord's reasonable judgment between Tenant and interest therein or (ii) on or measured by the gross receipts, income or rentals from the Complex, on Landlord's business of leasing the Complex, or computed in any other tenants manner with respect to the operation of the BuildingComplex, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of the Lease. If any Real Property Tax is based upon property or rents unrelated to the Complex, then only that part of such Real Property Tax that is fairly allocable to the Complex 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, 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. Taxes, assessments Tenant shall pay at least ten (10) days prior to delinquency any and charges now or hereafter all Real Property Taxes (defined below) levied or assessed upon, or with respect to, against the Project, or any personal property Premises during the Term and indemnify and hold Landlord harmless from and against all demands for payment of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. “Real Property Taxes do not include: Taxes” means any form of general or special assessment, license fee, commercial rental or gross receipts tax, levy, penalty, duty, charge or tax (A) franchiseother than inheritance, transferestate or income taxes), inheritance including roll-back taxes as a result of Tenant’s use of the Premises, imposed by any authority having the direct or capital stock indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage, sewer or other improvement district against any legal or equitable interest of Landlord in the land, buildings, or improvements comprising the Premises, against charges payable to Landlord or other income from the Premises, against the use, occupancy or possession of the Premises or any tax imposed in substitution, partially or totally, of any tax previously included within the definition of real property taxes, or income taxes measured any additional tax the nature of which was previously included within the definition of real property taxes. All reasonable expenses, including attorneys’ fees and disbursements, experts’ and other witnesses’ fees, incurred by Landlord or Tenant in contesting the net income validity or amount of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option in obtaining a refund of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to will be considered as part of the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes for the tax year in which such expenses are incurred. Tenant shall be equitably prorated pay at least ten (10) days prior to delinquency all taxes assessed against and levied on all trade fixtures, furnishings, equipment and other personal property of Tenant contained in Landlord's reasonable judgment between Tenant and any other tenants the Premises or elsewhere or assessed or levied as a result of Xxxxxx’s use of the BuildingPremises. When possible, Tenant shall cause said trade fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Landlord.
Appears in 1 contract
Real Property Taxes. Taxes, assessments and charges now or hereafter ------------------- levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' , and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.
Appears in 1 contract
Samples: Build to Suit Lease (At Home Corp)
Real Property Taxes. TaxesAll taxes, assessments (special or otherwise) and charges now or hereafter levied or assessed upon, upon or with respect to, to the Project, or Property and any ad valorem taxes on personal property of Landlord used in the operation thereof or located thereinconnection therewith. Real Property Taxes shall include, or Landlord's interest in the Project or such personal propertywithout limitation, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or act of entering into this Lease, on the occupancy of any part Tenant, the Rent hereunder or in connection with the business of the Project, or on rent for owning and/or renting space in the Project; (v) Property which are now or hereafter levied or assessed against Landlord by the United States of America, the Commonwealth of Pennsylvania, the City of Philadelphia or any political subdivision, public corporation, district or other political or public entity, and shall also include any other tax, assessment, fee or excise, however describeddescribed (whether general or special, that ordinary or extraordinary, foreseen or unforeseen), which may be levied or assessed in lieu of, or as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; . Landlord may pay any such special assessments in installments when allowed by law, in which case Real Property Taxes shall include any interest charged thereon. Real Property Taxes shall also include any private assessments or the Building’s contribution towards a private or quasi-public cost-sharing agreement for the purpose of augmenting or improving the quality of service and (vi) reasonable consultants' amenities normally provided by governmental agencies. Real Property Taxes shall also include legal fees, costs and attorneys' fees and expenses disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do shall not include: (A) include income, franchise, transfer, inheritance or capital stock taxes, or income taxes measured by unless, due to a change in the net income method of Landlord from all sourcestaxation, unless any of such taxes are levied or assessed against Landlord as a substitute forLandlord, in whole or in part, in lieu of, as a substitute for, any other tax which would otherwise constitute a Real Property Tax; (B) Impositions and all similar amounts payable by tenants . In the event that at any time during the term of this Lease the Project under their leases; and (C) penalties, fines, interest or charges due assessment for late payment the Property is reduced on appeal with a result that Landlord receives a refund of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Buildingreal estate taxes, Landlord shall make the determination pay to Tenant its Pro Rata Share of the proper allocation any such refund (net of Landlord’s out-of-pocket expenditures in connection with such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Buildingappeal).
Appears in 1 contract
