Common use of Real Property Taxes Clause in Contracts

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 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 Leased Premises 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 Leased Premises and located thereon, (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 Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.

Appears in 3 contracts

Samples: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)

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Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.

Appears in 3 contracts

Samples: Sublease (Gigamon Inc.), Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Blue Coat Systems Inc)

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 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 Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Partythe federal or state income tax imposed on Landlord's income from all sources, or (e) any personal property tax penalties provided that Tenant has paid taxes attributable to items not owned by Tenant or utilized by Tenant reimbursed Landlord within the time periods required in connection with Tenant’s operations at the Leased Premisesthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Vantive Corp), Lease Agreement (Vantive Corp)

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 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 Leased Premises Project or any portion thereof, or Landlord’s interest hereintherein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises 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 based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. e.g., water, gas, electricity, sewage or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased PremisesProject, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable 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 Leased Premises Project 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 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 use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, or on Landlord’s business of owning, leasing or managing the Leased Premises Project or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” ”. Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant tax imposed on Landlord’s income from all sources or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesdocumentary transfer taxes.

Appears in 2 contracts

Samples: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProperly, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.

Appears in 2 contracts

Samples: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)

Real Property Taxes. Tenant shall pay directly to the applicable tax collector ("Tax Collector") and prior to delinquency all Real Property Taxes (as hereinafter defined) which become due during the Lease Term, as Additional Rent. The term “Real Property Tax” or “"Real Property Taxes" as used herein shall each mean Tenant’s Proportionate Share of (i1) all taxes, assessments, levies levies, and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 or new construction), the Project) now or hereafter imposed by any governmental or quasi-quasi- governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to (a) the Leased Premises value, occupancy, or use of, all or any portion thereofof the Premises or the Project (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest hereintherein, including Landlord's interest in this Lease; or (b) any improvements located on the Premises or the fixtures, equipment Project (regardless of ownership); and other property of Landlord that is an integral part of the Leased Premises and located thereon, (ii2) all area wide taxes, charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 TenantProject. If, If at any time during the Lease Term, Term the taxation or assessment of the Leased Premises Project prevailing as of the Effective Commencement Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax Taxes described above there shall be levied, awarded 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, alternate or additional use tax or charge (ia) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s 's interest therein or therein; (iib) on or measured by the gross receipts, income or rentals from the Leased Premises, or Project; (c) on Landlord’s 's business of owning, leasing or managing the Leased Premises Premises; or (iiid) computed in any manner with respect to the operation of the Leased PremisesPremises or the Project, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes” for purposes of this Lease". If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “term "Real Property Taxes" shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord's income from all sources. Notwithstanding anything within this Paragraph 10.1, giftit is agreed that if any special assessments for capital improvements are assessed, capital levyand if Landlord has the option to either pay the entire assessment in cash or go to bond, capital stockLandlord shall elect to go to bond so that Tenant will pay such special assessment in installments rather than in a lump sum. It is additionally agreed that Tenant shall have the right, franchise at Tenant's sole cost and expense, to contest with any taxing authority or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future appellate body the imposition or amount of any Real Property TaxesTax, (d) environmental assessmentsbut any such contest shall not excuse Tenant from any of its obligations hereunder as to paying any such Real Property Tax when payable hereunder. In addition, charges or liens arising Landlord agrees to consult with Tenant in connection with advance of any contemplated change in ownership of the remediation Project so as to have the benefit of Pre-existing Hazardous Materials (unless caused by Tenant's recommendations, if any, as to any possible way to avoid any reassessment of the Project, but regardless of any such consultation, Landlord shall have no obligation to Tenant or a Tenant to follow, or any liability to Tenant Related Party) or for failing to follow, any recommendations of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.

Appears in 2 contracts

Samples: Ground Lease (Alza Corp), Ground Lease (Alza Corp)

Real Property Taxes. Tenant shall pay to Landlord in equal estimated monthly installments, all Real Property Taxes relating to the Premises, which shall be considered as Additional Rent payable in accordance with Section 5 of this Lease. In the event the Premises leased hereunder consists of only a portion of the entire parcel being taxed, Tenant shall pay to Landlord the proportionate share of such Real Property Taxes allocated to the Premises during the Lease Term by square footage or other reasonable basis as calculated and determined solely by Landlord. The term “Real Property TaxTaxes,or “Real Property Taxes” as used herein, shall each mean Tenant’s Proportionate Share of and include (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including including, without limitation, all instruments installments of principal and interest required to pay any general or special assessments for public improvements improvements, and any increases resulting from reassessments caused by any change in ownership of the Premises or new construction), 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 for whatever reason against against, or with respect to the Leased Premises value, occupancy, or use of all or any portion thereofof the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest herein, or therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin or about the Premises; and landscaping areas , walkways, parking areas, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size ; and (whether measured in area, volume, number of tenants or whateveriii) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord or Tenant in reasonably 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, If at any time during the term of this Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Date commencement 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 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, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owningleasing the Premises, leasing or managing based on vehicular ownership, parking, employment, production or the Leased Premises like, or (iii) computed in any manner with respect to the operation or existence of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based in part upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or term “Real Property Taxes” shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. If the tax billing pertains entirely to the Premises, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future and Landlord elects by written notice to Tenant to have Tenant pay such Real Property TaxesTaxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain all tax and assessment bills pertaining to the Premises, and to pay (dprior to delinquency) environmental assessmentsall Real Property Taxes pertaining to the Premises, charges and all interest and penalties (if any) for non-payment or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant late payment thereof. Failure to request or receive a Tenant xxxx for taxes and/or assessments shall not alter or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with extinguish Tenant’s operations at responsibility to pay the Leased Premisesabove.

Appears in 2 contracts

Samples: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)

Real Property Taxes. The term “Real Property Tax” or “"Real Property Taxes", as used in this Lease, 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 forseen and unforeseen unforseen (including all instruments install ments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments assessments caused by any change in ownership or new construction), of the Complex 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 Leased Premises or any portion thereofagainst, or otherwise changed) or Landlord’s 's interest herein, or therein; any improvements located within the Complex (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin the Complex; or parking areas, (public utilities, or energy within the Complex; {ii) } all chargeschanges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, complex; and {iii} all costs and fees (including reasonable attorneys' fees) reasonably incurred by Landlord in reasonably 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, If at any time during the term of this Lease Term, the taxation or assessment of the Leased Premises Complex prevailing as of the Effective Date commencement 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 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, alternate or additional use tax or charge ({i) } on the value, size, use or occupancy of the Leased Premises Complex or Landlord’s 's interest therein or ({ii) } on or measured by the gross receipts, income or rentals from the Leased PremisesComplex, on Landlord's business of leasing the Complex, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased PremisesComplex, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes" for the purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesComplex, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Complex shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes.” ". Notwithstanding the foregoing, the terms “Real Property Tax” or “term "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at state net income tax imposed on the Leased PremisesLandlord's income from all sources.

Appears in 2 contracts

Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)

Real Property Taxes. The term "Real Property Tax” or “Real Property Taxes” Tax(es)" 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 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 Leased Premises Project or any portion thereof, or Landlord’s 's interest hereintherein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Project and located thereonthereon 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 based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased PremisesProject, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable attorneys’ attorney’s 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 Leased Premises Project 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 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 use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s 's interest therein therein, or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Project, or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the terms "Real Property Tax” or “Real Property Taxes” Tax(es)" for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms "Real Property Tax” or “Real Property Taxes.” Tax(es)". Notwithstanding the foregoing, the terms "Real Property Tax” or “Real Property Taxes” Tax(es)" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.

Appears in 2 contracts

Samples: Industrial Space Lease (SOS Hydration Inc.), Industrial Space Lease

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 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 or tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Project 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 Leased Premises 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 based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased PremisesProject, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable 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 Leased Premises Project prevailing as of the Effective Date of Landlord Initials W Tenant Initials NH 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, or on Landlord’s business of owning, leasing or managing the Leased Premises Project or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.

Appears in 2 contracts

Samples: Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Corsair Gaming, Inc.)

Real Property Taxes. The term "Real Property Tax" or "Real Property Taxes" shall each mean the sum of Tenant’s Proportionate 's Property Share (as to the land component of the Property) and Tenant's Expense Share (as to the Building and other improvements in the Outside Areas) 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 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 Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.any

Appears in 2 contracts

Samples: Lease Agreement (Juniper Networks Inc), Lease (Juniper Networks Inc)

Real Property Taxes. The term “Real Property Tax” or “(a) As Additional Rent and in accordance with Article 7 of this Lease, Tenant shall pay to Landlord Tenant's Tax Share of all Real Property Taxes. The term "Real Property Taxes," as used herein, 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 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), of the Complex) 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 for whatever reason against against, or with respect to the Leased Premises value, occupancy or use of, all or any portion thereofof the Complex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest hereintherein; any improvements located within the Complex (regardless of ownership, or 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 Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin the Complex; or parking areas, public utilities, or energy within the Complex; and (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased PremisesComplex other than any such charges, the size (whether measured in area, volume, number of tenants levies or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 Tenantthat are excluded under Section 7.8 hereof. If, If at any time during the term of this Lease Term, the taxation or assessment of the Leased Premises Complex prevailing as of the Effective Commencement 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 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, alternate or additional use tax or charge (ix) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein Complex or (iiy) on or measured by the gross receipts, income or rentals from the Leased PremisesComplex, on Landlord's business of leasing the Complex, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect directly related to the operation of the Leased PremisesComplex, then any such tax or chargechange, however however, designated, shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesComplex, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Complex shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes." Notwithstanding the foregoing, the terms “Real Property Tax” or “term "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any federal or state net income tax imposed on Landlord's income from all sources. Any Real Property Taxes relating to a fiscal period of any taxing authority, only a part of which period is included within the Term, shall be prorated as between Landlord Related Partyand Tenant so that Landlord shall pay the portion thereof attributable to any period prior to July 1, or (e) any 1996 and subsequent to the Termination Date, and Tenant shall pay the portion thereof attributable to the period from July 1, 1996 through the Termination Date. Tenant, however, shall pay all personal property taxes attributable taxes, without proration, that relate to items not owned by Tenant a fiscal year in which the Term hereof shall commence or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesterminate.

Appears in 1 contract

Samples: Lease Agreement (Genencor International Inc)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.

Appears in 1 contract

Samples: Lease (LumiraDx LTD)

Real Property Taxes. The term "Real Property Tax" or "Real Property Taxes" shall each mean the sum of Tenant’s Proportionate 's Property Share (as to the land component of the Property) and Tenant's Expense Share (as to the Building and other improvements in the Outside Areas) 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 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 Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.

Appears in 1 contract

Samples: Lease (Juniper Networks Inc)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, . In the event and (iii) all tax increases due to improvements made to the Leased Premises by Tenant extent some or by Landlord on behalf all of the Common Areas are comprised of separate legal parcels, then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (as opposed to Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 The Real Property Tax Taxes for which Tenant is partly based upon property or rents unrelated responsible in connection with this Lease shall also specifically include all taxes attributable to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable taxable margin levied pursuant to the Leased Premises shall be included within the meaning Chapter 171 of the terms “Real Property Tax” Texas Tax Code, as the same may be amended, superseded or “Real Property Taxes.” replaced from time to time. Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, giftgift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord’s income from all sources. Real Property Taxes shall be net of any refunds obtained by Landlord in respect thereof with respect to any tax period that includes the Lease term, capital levyas it may be extended. If following the expiration date, capital stockany refund is received by Landlord in respect to any tax period that includes the Lease term, franchise or income tax, Landlord shall reimburse Tenant for Tenant’s share thereof within thirty (b30) items included days of Landlord’s receipt of the same (whether Landlord receives the refund as a Property Maintenance Cost, (c) reserves for credit against future Real Property Taxes, (d) environmental assessments, charges tax payments or liens arising in connection with as a cash reimbursement). The provisions of this last sentence shall survive the remediation expiration of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased PremisesLease term.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

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 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 Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises 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 Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 TenantProperty. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Scientific Learning Corp)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Building E or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Property or the Common Areas. In addition, if any Real Property Taxes, (d) environmental assessments, charges or liens arising Taxes may be paid in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations installments at the Leased Premisesoption of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (including interest, if any) which would become due by exercise of such option.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or Building F and Amenities Building assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Property or the Common Areas. In addition, if any Real Property Taxes, (d) environmental assessments, charges or liens arising Taxes may be paid in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations installments at the Leased Premisesoption of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (including interest, if any) which would become due by exercise of such option.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting in good faith any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of Building C the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord’s income from all sources, gifttransfer taxes, capital levy, capital stock, franchise or income tax, (b) any items which are in the nature of Taxes but are included as a in Property Maintenance CostCosts (in which case they shall be payable under that category) or expressly are excluded from Property Maintenance Costs (in which case they shall not be payable by Tenant), including, without limitation, certain of the items excluded pursuant to Paragraph 13.12(xviii) below) and any real estate taxes directly payable by Tenant or any other tenant of the Project (ci.e., not paid by Landlord) reserves under the applicable provisions of their respective leases. If Landlord receives a refund of Real Property Taxes or a credit against its future Real Property Taxes for any calendar year during the Lease Term for which Tenant paid Tenant’s Share of Real Property Taxes, Landlord shall, at its election, either pay to Tenant, or credit against subsequent payments of Rent due hereunder, an amount equal to Tenant’s Building Share or Tenant’s Project Share (as applicable) of the refund, net of any reasonable, actual out-of-pocket expenses incurred by Landlord in achieving such refund; provided, however, if this Lease shall have expired or is otherwise terminated, Landlord shall refund in cash any such refund or credit due to Tenant within thirty (30) days after Landlord’s receipt of such refund or its receipt of such credit against future Real Property Taxes. Landlord’s obligation to so refund to Tenant any such refund or credit of Real Property Taxes shall survive such expiration or termination. If the Cafe & Fitness Center is used only by certain tenants of the Project or Property, (d) environmental assessments, charges or liens arising in connection with then Landlord shall have the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes right to allocate Real Property Taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at such Cafe & Fitness Center solely to those tenants who have access to the Leased PremisesCafe & Fitness Center.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

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Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting in good faith any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 Building D shall be levied, awarded 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 use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord’s income from all sources, gifttransfer taxes, capital levy, capital stock, franchise or income tax, (b) any items which are in the nature of Taxes but are included as a in Property Maintenance CostCosts (in which case they shall be payable under that category) or expressly are excluded from Property Maintenance Costs (in which case they shall not be payable by Tenant), including, without limitation, certain of the items excluded pursuant to Paragraph 13.12(xviii) below) and any real estate taxes directly payable by Tenant or any other tenant of the Project (ci.e., not paid by Landlord) reserves under the applicable provisions of their respective leases. If Landlord receives a refund of Real Property Taxes or a credit against its future Real Property Taxes for any calendar year during the Lease Term for which Tenant paid Tenant’s Share of Real Property Taxes, Landlord shall, at its election, either pay to Tenant, or credit against subsequent payments of Rent due hereunder, an amount equal to Tenant’s Building Share or Tenant’s Project Share (as applicable) of the refund, net of any reasonable, actual out-of-pocket expenses incurred by Landlord in achieving such refund; provided, however, if this Lease shall have expired or is otherwise terminated, Landlord shall refund in cash any such refund or credit due to Tenant within thirty (30) days after Landlord’s receipt of such refund or its receipt of such credit against future Real Property Taxes. Landlord’s obligation to so refund to Tenant any such refund or credit of Real Property Taxes shall survive such expiration or termination. If the Fitness Center is used only by certain tenants of the Project or Property, (d) environmental assessments, charges or liens arising in connection with then Landlord shall have the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes right to allocate Real Property Taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at such Fitness Center solely to those tenants who have access to the Leased PremisesFitness Center.

Appears in 1 contract

Samples: Lease Agreement (Aruba Networks, Inc.)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Project or the Common Areas. In addition, if any Real Property TaxesTaxes may be paid in installments at the option of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (dincluding interest, if any) environmental assessmentswhich would become due by exercise of such option. If the cafeteria and fitness center are used only by certain tenants of the Project or Property, charges or liens arising in connection with then Landlord shall have the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes right to allocate Real Property Taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at such cafeteria and fitness center solely to those tenants who have access to the Leased Premisescafeteria and fitness center.

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Property or the Common Areas. In addition, if any Real Property Taxes, (d) environmental assessments, charges or liens arising Taxes may be paid in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations installments at the Leased Premises.option of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (including interest, if any) which would become due by exercise of such option. Building G

Appears in 1 contract

Samples: Lease Agreement (Palo Alto Networks Inc)

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 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-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 Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises 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, and (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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, 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 LeaseProperty. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Copper Mountain Networks Inc)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Tax to the Leased Premises extent such costs and fees are equal to or less than any Real Property Tax savings received by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (ai) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, tax imposed on Landlord’s income from all sources or (bii) items included as a Property Maintenance Cost, (c) reserves for future any increase in Real Property Taxes, (d) environmental assessments, charges or liens Taxes due to a reassessment arising out of a “change in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable ownership” pursuant to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased PremisesCalifornia Revenue and Taxation Code Section 60 et seq.

Appears in 1 contract

Samples: Lease Agreement (Allion Healthcare Inc)

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 levies, and other charges of any kind or nature whatsoever, general and special, foreseen and end unforeseen (including all instruments installments of principal and interest required to pay any existing or future general or special assessments for public improvements improvements, services or benefits, and any increases resulting from reassessments caused by any resulting from a change in ownership or ownership, new construction, or any other cause), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to the Leased Premises value, occupancy or use of all or any portion thereofof the Project (as now constructed or as may at any time hereafter be constructed, altered or otherwise changed) or Landlord’s 's interest hereintherein, or the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonon the Project, (ii) all chargesthe gross receipts, levies income, or fees imposed by any governmental authority against Landlord by reason of rentals from the Project, or based upon the use of parking areas, public utilities, or number of parking spaces energy within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or Landlord's business of leasing the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 TenantProject. If, If at any time during the Lease Term, Term the method of taxation or assessment of the Leased Premises Project 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 Taxes described above there shall be levied, awarded 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, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s 's interest therein therein, or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, on Landlord's business of leasing the Project, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax Taxes that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes.” ". Notwithstanding the foregoing, foregoing the terms “Real Property Tax” or “term "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state net income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future tax imposed on Landlord's income from all sources. "Real Property Taxes, (d) environmental assessments, charges or liens arising " shall also include any costs and expenses incurred by Landlord in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or appealing and/or contesting any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased PremisesReal Property Taxes.

Appears in 1 contract

Samples: Office Lease (Netflix Com Inc)

Real Property Taxes. (a) Tenant shall pay to Landlord at least ten (10) days prior to delinquency all Real Property Taxes (as hereinafter defined) levied with respect to the Premises. (b) The term “Real Property Tax” or “"Real Property Taxes" as used herein 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 installments of principal and interest required to pay for any general or special assessments for public improvements improvements, services or benefits and any increases resulting from reassessments caused by any new construction or change in ownership or new constructionvaluation), 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 or by reason of (a) the ownership, value, possession or use of the Premises (as now constructed or as may at any time hereafter be constructed, altered or otherwise changed) including, without limitation, governmental charges, fees or assessments for whatever reason against transit or traffic mitigation (including area-wide traffic improvement assessments and transportation system management fees), housing, police, fire or other governmental service or purported benefits to the Leased Premises or any portion thereofPremises, or Landlord’s interest hereinincluding assessments, or 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, (b) the fixtures, equipment and other real or personal property of Landlord that is are an integral part of the Leased Premises and located thereonor used in operation of the Premises, or (c) the use of the Common Area, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, Premises unless the size (whether measured in area, volume, number same are imposed as a result of tenants environmental contamination on or whatever) or under the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 Premises for which Tenant is not responsible under paragraph 6 below; (iii) all any new excise, transaction, sales, privilege, or other tax increases due to improvements made to now or hereafter imposed upon Landlord as a result of this Lease; and (iv) the Leased Premises reasonable cost of contesting by Tenant appropriate proceedings the amount or by Landlord on behalf validity of Tenantany taxes, assessments or charges described above. If, If at any time during the Lease Term, lease term the taxation or assessment of the Leased Premises prevailing as of the Effective Commencement Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax Taxes described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, charge or any other cause) an alternate, substitute, substitute or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or Premises, (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s 's business of owningleasing the Premises, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “term "Real Property Taxes" shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Anacor Pharmaceuticals Inc)

Real Property Taxes. (a) Tenant shall pay to Landlord all Real Property Taxes (as hereinafter defined) levied with respect to the premises. Tenant shall pay to Landlord all Real Property Taxes on or before the later of (1) twenty (20) 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 Tax” or “"Real Property Taxes" as used herein 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 installments of principal and interest required to pay for any general or special assessments for public improvements improvements, services or benefits and any increases resulting from reassessments caused by any new construction or change in ownership or new constructionvaluation), 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 or with respect to (a) the Leased Premises value, occupancy or use of the premises (as now constructed or as may at any portion thereoftime hereafter be constructed, altered or Landlord’s interest hereinotherwise changed), or (b) the fixtures, equipment and other real or personal property of Landlord that is are an integral part of the Leased Premises and located thereonpremises, or (c) the use of the Outside Areas, public utilities, or energy within the premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, premises; and (iii) all any new excise, transaction, sales, privilege, or other tax increases due to improvements made to the Leased Premises by Tenant now or by hereafter imposed upon Landlord on behalf as a result of Tenantthis Lease. If, If at any time during the Lease Term, lease term the taxation or assessment of the Leased Premises premises prevailing as of the Effective Commencement Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax Taxes described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, charge or any other cause) an alternate, substitute, substitute or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.additional

Appears in 1 contract

Samples: Lease Agreement (Clontech Laboratories Inc)

Real Property Taxes. The term "Real Property Tax" or "Real Property Taxes" shall each mean Tenant’s Proportionate 's Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (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 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 Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the terms "Real Property Tax" or "Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.Property

Appears in 1 contract

Samples: Lease Agreement (Macromedia Inc)

Real Property Taxes. (a) Tenant shall pay to Landlord at least ten (10) days prior to delinquency all Real Property Taxes (as hereinafter defined) levied with respect to the Premises. (b) The term “Real Property Tax” or “Real Property Taxes” as used herein 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 installments of principal and interest required to pay for any general or special assessments for public improvements improvements, services or benefits and any increases resulting from reassessments caused by any new construction or change in ownership or new constructionvaluation), 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 or by reason of (a) the ownership, value, possession or use of the Premises (as now constructed or as may at any time hereafter be constructed, altered or otherwise changed) including, without limitation, governmental charges, fees or assessments for whatever reason against transit or traffic mitigation (including area-wide traffic improvement assessments and transportation system management fees), housing, police, fire or other governmental service or purported benefits to the Leased Premises or any portion thereofPremises, or Landlord’s interest hereinincluding assessments, or 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, (b) the fixtures, equipment and other real or personal property of Landlord that is are an integral part of the Leased Premises and located thereonor used in operation of the Premises, or (c) the use of the Common Area, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, Premises unless the size (whether measured in area, volume, number same are imposed as a result of tenants environmental contamination on or whatever) or under the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable 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 Premises for which Tenant is not responsible under paragraph 6 below; (iii) all any new excise, transaction, sales, privilege, or other tax increases due to improvements made to now or hereafter imposed upon Landlord as a result of this Lease; and (iv) the Leased Premises reasonable cost of contesting by Tenant appropriate proceedings the amount or by Landlord on behalf validity of Tenantany taxes, assessments or charges described above. If, If at any time during the Lease Term, lease term the taxation or assessment of the Leased Premises prevailing as of the Effective Commencement Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax Taxes described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, charge or any other cause) an alternate, substitute, substitute or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or Premises, (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owningleasing the Premises, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or term “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.

Appears in 1 contract

Samples: Lease Agreement (Anacor Pharmaceuticals Inc)

Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments 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 Leased Premises 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 Leased Premises 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 Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable 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 Leased Premises 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 method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, 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 Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.

Appears in 1 contract

Samples: Short Term Lease (Echelon Corp)

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