Common use of Realty Taxes Clause in Contracts

Realty Taxes. (a) Subject to Subsection (b), the Tenant shall pay all Realty Taxes laid, levied, assessed or imposed on the Property or in respect of any personal property, fixtures, business or other activity carried out by the Tenant on or in connection with the Property during the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, to the department, officer or bureau charged with their collection or, if the Landlord requires, the Tenant shall remit its payment to the Landlord. The Tenant agrees to provide to the Landlord within three days of receipt thereof, an original or a duplicate copy of any tax bills and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxes, which bills after inspection by Landlord shall be returned to Tenant. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred payments.

Appears in 2 contracts

Samples: Lease (Milacron Holdings Corp.), Lease Agreement (Milacron Holdings Corp.)

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Realty Taxes. (ai) Subject That the Tenant will pay, as additional rent, in each and every year during the Term and within the time or times hereinafter provided, directly to Subsection the Landlord or to the taxing authority as the Landlord may direct from time to time, and discharge all real property taxes (bincluding local improvement rates, impost charges or levies), the Tenant shall pay all Realty Taxes laidrates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed or imposed on the Property basis of a separate real property tax xxxx and separate real property assessment notice against the Leased Premises or in respect of any personal propertypart thereof, fixtures, business or other activity carried out by the Tenant on or in connection with the Property from time to time during the Term. The Tenant shall pay all Realty Taxes when they become due , and payableany extension or renewal thereof, before by any interesttaxing authority, penaltywhether federal, fine provincial, municipal, school or cost may be imposed for late or non-paymentotherwise, to the departmentand including, officer or bureau charged with their collection orbut without limitation, if any such taxes payable by the Landlord requires, the Tenant shall remit its payment to which are imposed in lieu of or as a substitute for such real property taxes or on account of the Landlord’s ownership of the Leased Premises, whether of the foregoing character or whether same existed at the commencement of the Term. The Tenant agrees to provide to the Landlord within three days of receipt thereof, an original or with a duplicate copy of any separate real property tax bills and separate real property assessment notices of assessment for the PropertyLeased Premises. The Tenant will, if applicableupon request, promptly exhibit deliver to the Landlord on request receipts for payment of all such real property taxes paid bills for Realty Taxesto any such taxing authorities, which bills after inspection by as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord shall be returned to Tenantmay reasonably require. (bii) In the case of assessments event that there shall not be a separate real property tax xxxx and separate real property assessment notice for local improvements or betterments which are assessed or imposedthe Leased Premises and the Common Areas and Facilities, the Tenant shall pay Tenant’s Share of such real property taxes (including local improvement rates) which may be levied, rated, charged or assessed by any lawful taxing authority against the Lands, Building and improvements comprising the Property (including the Common Areas and Facilities) within the time or times hereinafter provided, as allocated to the Leased Premises by the Landlord in accordance with the provisions of Paragraph 10 hereof. (iii) Payment of Tenant’s Share of Realty Taxes The amount payable by the Tenant pursuant to Paragraph 8(c)(ii) may be estimated by the Landlord and shall be payable by the Tenant over the period covering the first nine (9) months of each calendar year throughout the Term or as may be estimated by the Landlord for such other period or periods as the Landlord may determine from time to time. Upon receipt of written notification from the Landlord, the Tenant shall pay to the Landlord the Tenant’s Share as so estimated of such amount in monthly instalments in advance on the first day of each calendar month during such period, together with all other rental payments provided for in this Lease. Notwithstanding anything hereinbefore contained, if the Landlord decides to be responsible in the first instance for the payment of real property taxes in respect of the Leased Premises in accordance with the provisions of this paragraph 8(c), and if at any time when payment by the Landlord of the real property taxes (including local improvement rates), whether interim, instalment or final is responsible due, the Landlord shall not have on deposit a sufficient sum to pay the instalments full amount of such real property taxes, the Tenant shall forthwith, upon demand, pay, as additional rent, the Tenant’s share, determined as aforesaid of the amount of any such deficiency to the Landlord. When the final real property tax xxxx in any year has been received, which fall due during relates to the Termperiod for which such estimated payments have been made by the Tenant, together as aforesaid, the parties hereto agree to adjust all payments made by the Tenant on account of real property taxes in accordance with interest on deferred paymentssuch final real property tax xxxx. The Tenant shall not contest and/or appeal pay any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of incurred by the Landlord or the Tenant, as the case may be, in respect of any appeal or contestation conducted by the Landlord or the Tenant (including all fees, disbursements, costs and expenses charged by any consultant retained by with the prior consent of the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should of the payments of local improvements real property taxes levied or betterments be converted from a lump sum payment to payment on instalments, assessed against the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred paymentsLeased Premises.

Appears in 2 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Realty Taxes. (ai) Subject That the Tenant will pay, as additional rent, in each and every year during the Term and within the time or times hereinafter provided, directly to Subsection the Landlord or to the taxing authority as the Landlord may direct from time to time, and discharge all real property taxes (bincluding local improvement rates, impost charges or levies), the Tenant shall pay all Realty Taxes laidrates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed against the Leased Premises or imposed on the Property or in respect of any personal propertypart thereof, fixtures, business or other activity carried out by the Tenant on or in connection with the Property from time to time during the Term. The Tenant shall pay all Realty Taxes when they become due , and payableany extension or renewal thereof, before by any interesttaxing authority, penaltywhether federal, fine provincial, municipal, school or cost may be imposed for late or non-paymentotherwise, to the departmentand including but without limitation, officer or bureau charged with their collection or, if any such taxes payable by the Landlord requires, the Tenant shall remit its payment to which are imposed in lieu of or as a substitute for such real property taxes or on account of the Landlord’s ownership of the Leased Premises, whether of the foregoing character or whether same existed at the commencement of the Term. The Tenant agrees to provide to the Landlord within three days of receipt thereof, an original or with a duplicate copy of any real property tax bills and real property assessment notices of assessment for the PropertyLeased Premises. The Tenant will, if applicableupon request, promptly exhibit deliver to the Landlord on request receipts for payment of all such real property taxes paid bills for Realty Taxesto any such taxing authorities, which bills after inspection by as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord shall be returned to Tenantmay reasonably require. (bii) In The amount payable by the case Tenant pursuant to Paragraph 8(c)(i) may be estimated by the Landlord and shall be payable by the Tenant over the period covering the first nine (9) months of assessments each calendar year throughout the Term or as may be estimated by the Landlord for local improvements such other period or betterments which are assessed or imposedperiods as the Landlord may determine from time to time. Upon receipt of written notification from the Landlord, the Tenant shall pay to the Landlord the amount so estimated in monthly instalments in advance on the first day of each calendar month during such period, together with all other rental payments provided for in this Lease. Notwithstanding anything hereinbefore contained, if the Landlord decides to be responsible in the first instance for the payment of real property taxes in respect of the Leased Premises in accordance with the provisions of this Paragraph 8(c) and if at any time when payment by the Landlord of the real property taxes (including local improvement rates), whether interim, instalment or final is responsible due, the Landlord shall not have on deposit a sufficient sum to pay the instalments full amount of such real property taxes, the Tenant shall forthwith, upon demand, pay, as additional rent, the amount, determined as aforesaid, of any such deficiency to the Landlord. When the final real property tax xxxx in any year has been received, which fall due during relates to the Termperiod for which such estimated payments have been made by the Tenant, together as aforesaid, the parties hereto agree to adjusted all payments made by the Tenant on account of real property taxes in accordance with interest on deferred paymentssuch final real property tax xxxx. The Tenant shall not contest and/or appeal pay any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of incurred by the Landlord or the Tenant, as the case may be, in respect of any appeal or contestation conducted by the Landlord or the Tenant (including all fees, disbursements, costs and expenses charged by any consultant retained by with the prior consent of the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should of the payments of local improvements real property taxes levied or betterments be converted from a lump sum payment to payment on instalments, assessed against the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred paymentsLeased Premises.

Appears in 2 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Realty Taxes. (ai) Subject That the Tenant will, as additional rent, in each and every year during the Term and within the time or times hereinafter provided, pay directly to Subsection the Landlord or to the taxing authority as the Landlord may direct from time to time, and discharge all real property taxes (bincluding local improvement rates, impost charges or levies), the Tenant shall pay all Realty Taxes laidrates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed against the Leased Premises or imposed on the Property or in respect of any personal propertypart thereof, fixtures, business or other activity carried out by the Tenant on or in connection with the Property from time to time during the Term. The Tenant shall pay all Realty Taxes when they become due , and payableany extension or renewal thereof, before by any interesttaxing authority, penaltywhether federal, fine provincial, municipal, school or cost may be imposed for late or non-paymentotherwise, to the departmentand including but without limitation, officer or bureau charged with their collection or, if any such taxes payable by the Landlord requires, the Tenant shall remit its payment to which are imposed in lieu of or as a substitute for such real property taxes or on account of the Landlord’s ownership of the Leased Premises, whether of the foregoing character or whether same existed at the commencement of the Term. The Tenant agrees to provide to the Landlord within three days of receipt thereof, an original or with a duplicate copy of any real property tax bills and real property assessment notices of assessment for the PropertyLeased Premises. The Tenant will, if applicableupon request, promptly exhibit deliver to the Landlord on request receipts for payment of all such real property taxes paid bills for Realty Taxesto any such taxing authorities, which bills after inspection by as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord shall be returned to Tenantmay reasonably require. (bii) In The amount payable by the case Tenant pursuant to Paragraph 8(c)(i) may be estimated by the Landlord and shall be payable by the Tenant over the period covering the first nine (9) months of assessments each calendar year throughout the Term or as may be estimated by the Landlord for local improvements such other period or betterments which are assessed or imposedperiods as the Landlord may determine from time to time. Upon receipt of written notification from the Landlord, the Tenant shall pay to the Landlord the amount so estimated in monthly instalments in advance on the first day of each calendar month during such period, together with all other rental payments provided for in this Lease. Notwithstanding anything hereinbefore contained, if the Landlord decides to be responsible in the first instance for the payment of real property taxes in respect of the Leased Premises in accordance with the provisions of this Paragraph 8(c) and if at any time when payment by the Landlord of the real property taxes (including local improvement rates), whether interim, instalment or final is responsible due, the Landlord shall not have on deposit a sufficient sum to pay the instalments full amount of such real property taxes, the Tenant shall forthwith, upon demand, pay, as additional rent, the amount, determined as aforesaid, of any such deficiency to the Landlord. When the final real property tax xxxx in any year has been received, which fall due during relates to the Termperiod for which such estimated payments have been made by the Tenant, together as aforesaid, the parties hereto agree to adjusted all payments made by the Tenant on account of real property taxes in accordance with interest on deferred paymentssuch final real property tax xxxx. The Tenant shall not contest and/or appeal pay any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of incurred by the Landlord or the Tenant, as the case may be, in respect of any appeal or contestation conducted by the Landlord or the Tenant (including all fees, disbursements, costs and expenses charged by any consultant retained by with the prior consent of the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should of the payments of local improvements real property taxes levied or betterments be converted from a lump sum payment to payment on instalments, assessed against the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred paymentsLeased Premises.

Appears in 2 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Realty Taxes. The Tenant shall pay to the Landlord, as Additional Rent, all Realty Taxes levied, rated, charged or assessed throughout the Term, on or in relation to the Premises, or any part thereof, in accordance with the following: (a) Subject payment shall be due in equal monthly instalments over each calendar year or such shorter period as required such that the Landlord will have in its hands an amount sufficient to Subsection pay each instalment of Realty Taxes when due to the taxing authorities. Prior to the commencement of each year, the Landlord shall estimate the amount of such equal monthly instalments and notify the Tenant in writing of such estimate. From time to time during the year, the Landlord may re-estimate the amounts payable for such year, in which event the Landlord shall notify the Tenant in writing of such re-estimate and fix monthly instalments for the remaining balance of such year; (b)) the Realty Taxes payable by the Tenant shall be determined by the Landlord by applying the Tenant’s Proportionate Share to the Realty Taxes payable in respect of the Property. If, in any year, the Premises are assessed separately with respect to any Realty Taxes or there is a separate apportionment of assessment by the relevant authorities, then, at the election of the Landlord, the Realty Taxes payable by the Tenant shall be computed on the basis of such separate assessments and shall include the Tenant’s Proportionate Share of any Realty Taxes attributable to the Common Areas; (c) for the purposes of determining the share of Realty Taxes payable by the Tenant pursuant to this Lease, Realty Taxes shall include such additional amounts as would have formed part of Realty Taxes had the Property been fully assessed during the whole of the relevant fiscal period as fully completed and fully occupied by tenants, with no special exemptions or reductions, and without taking into account any actual or potential reduction of Realty Taxes or change of assessment category or class of premises within the Property which are vacant or underutilized; and (d) if the Landlord so directs, the Tenant shall pay all Realty Taxes laid, levied, assessed or imposed on the Property or in respect of any personal property, fixtures, business or other activity carried out by the Tenant on or in connection with the Property during the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, directly to the department, officer or bureau charged with their collection or, if the Landlord requirestaxing authorities. In that event, the Tenant shall remit its payment make payment, on or before the due date, of each instalment and shall provide to the Landlord. The Tenant agrees to provide to , on demand, evidence of payment in the Landlord within three days form of receipt thereof, an original or a duplicate copy of any tax bills and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxes, which bills after inspection by Landlord shall be returned to Tenantreceipted bills. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred payments.

Appears in 1 contract

Samples: Lease Agreement

Realty Taxes. (ai) Subject The Tenant will, as Additional Rent, in each and every year during the Term and within the time or times hereinafter provided, pay directly to Subsection the taxing authority or to the Landlord as the Landlord may direct from time to time, and discharge all taxes (bincluding local improvement rates), the Tenant shall pay all Realty Taxes laidrates, leviedduties, assessed levies, fees, charges and assessments whatsoever imposed, assessed, levied or imposed on the Property charged now or in respect of the future by any personal propertymunicipal, fixturesregional, business provincial, federal, parliamentary or other activity carried out by governmental body, corporate authority, agency or commission ("Realty Taxes") against the Tenant on or Premises and/or the Landlord in connection with the Property therewith during the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, to the department, officer or bureau charged with their collection or, if the Landlord requires, the Tenant shall remit its payment to the LandlordTerm hereby demised. The Tenant agrees to provide to the Landlord within three ten (10) days of receipt thereof, an original or after demand therefor by the Landlord with a duplicate copy of any real property tax bills and notices of bill xxx real property assessment notice for the PropertyPremises. The Tenant will, if applicableupon request, promptly exhibit deliver to the Landlord on receipts for payment of all such Realty Taxes paid to any such taxing authorities, as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord may reasonably require. (ii) The amount payable by the Tenant pursuant to Section 6(c)(i) may be estimated by the Landlord for such period or periods as the Landlord may determine from time to time, and upon written request from the Landlord, the Tenant shall pay to the Landlord the amount so estimated in monthly installments in advance during such period, together with all paid bills other rental payments provided for in this Lease. Notwithstanding anything hereinbefore contained, if the Landlord decides to be responsible in the first instance for the payment of such Realty Taxes in respect of the Premises in accordance with the provisions of this Section 6(c) and if at any time when payment by the Landlord of such Realty Taxes, which bills after inspection by Landlord shall be returned to Tenant. (b) In the case of assessments for local improvements whether interim, installment or betterments which are assessed or imposed, the Tenant final is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such requestdue, the Landlord shall make application not have on deposit a sufficient sum to convert pay the payment structure and full amount of such Realty Taxes, the Tenant shall reimburse forthwith, upon demand, pay, as Additional Rent, the Landlord amount determined as aforesaid of any such deficiency to the Landlord. When the final real property tax bill xx any year has been received, which relates to the period for which such estimated payments have been made by the Tenant, as aforesaid, the parties hereto agree to adjust all payments made by the Tenant on demand for account of such Realty Taxes in accordance with such final real property tax bill. Xhe Tenant shall pay any and all out-of-pocket fees, disbursements, costs and expenses of incurred by the Landlord or the Tenant, as the case may be, in respect of any appeal or contestation conducted by the Landlord or the Tenant, as the case may be, in respect of any appeal or contestation conducted by the Landlord or the Tenant (including all fees, disbursements, costs and expenses charged by any consultant retained by with the prior consent of the Landlord) together with an Administrative Fee applied to of such costs and expenses in relation to such to application to convert. Should Realty Taxes levied or assessed against the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred paymentsPremises.

Appears in 1 contract

Samples: Lease (Hydrogenics Corp)

Realty Taxes. (ai) Subject That the Tenant will, as additional rent, in each and every year during the Term and within the time or times hereinafter provided, pay directly to Subsection the Landlord or to the taxing authority as the Landlord may direct from time to time, and discharge all real property taxes (bincluding local improvement rates, impost charges or levies), the Tenant shall pay all Realty Taxes laidrates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed or imposed on the Property basis of a separate real property tax xxxx and separate real property assessment notice against the Leased Premises or in respect of any personal propertypart thereof, fixturesfrom time to time by any taxing authority, business whether federal, provincial, municipal, school or other activity carried out otherwise, and including, but without limitation, any such taxes payable by the Tenant Landlord which are imposed in lieu of or as a substitute for such real property taxes or on account or in connection with the Property during Landlord's ownership of the Building, whether of the foregoing character or whether same existed at the commencement of the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, to the department, officer or bureau charged with their collection or, if the Landlord requires, the Tenant shall remit its payment to the Landlord. The Tenant agrees to provide to the Landlord within three ten (10) days of receipt thereof, an original after demand therefor by the Landlord with a copy or a duplicate copy of any separate real property tax bills and separate real property assessment notices of assessment for the PropertyLeased Premises. The Tenant will, if applicableupon request, promptly exhibit deliver to the Landlord on request receipts for payment or all such real property taxes paid bills for Realty Taxesto any such taxing authorities, which bills after inspection by as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord shall be returned to Tenantmay reasonably require. (bii) In The amount payable by the case Tenant pursuant to Paragraph 9(c)(i) may be estimated by the Landlord and shall be payable by the Tenant for the period covering the first nine (9) months of assessments each calendar year throughout the Term 'or as may be estimated by the Landlord for local improvements such other period or betterments which are assessed or imposedperiods as the Landlord may determine from time to time upon receipt of written notification from the landlord, the Tenant shall pay to the Landlord the amount so estimated all monthly installments in advance on the first day of each calendar month during such period, together with all other rental payments provided for in this Lease. Notwithstanding anything hereinbefore contained, if the Landlord decides to be responsible in the first instance for the payment or real property taxes in respect of the Leased Premises in accordance with the provisions of this Paragraph 9(c) and if at any time when payment by the Landlord of the real property taxes (including local improvement rates), whether interim, instalment or final is responsible due, the Landlord shall not have on deposit a sufficient sum to pay the instalments full amount of such real property taxes, the Tenant shall forthwith, upon demand, pay, as additional rent, the amount, determined as aforesaid, of any such deficiency to the Landlord. When the final real property tax xxxx in any year has been received, which fall due during relates to the Termperiod for which such estimated payments have been made by the Tenant, together as aforesaid, the parties hereto agree to adjust all payments made by the Tenant on account of real property taxes in accordance with interest on deferred paymentssuch final real property tax xxxx. The Tenant shall not contest and/or appeal pay any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses incurred by the Tenant in respect of any appeal or contestation conducted by the Landlord or the Tenant (including all fees, disbursements, costs and expenses charged by any consultant retained by with the prior consent of the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should of the payments of local improvements real property taxes levied or betterments be converted from a lump sum payment to payment on instalments, assessed against the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred paymentsLeased Premises.

Appears in 1 contract

Samples: Industrial Lease Agreement (Liuski International Inc /De)

Realty Taxes. (a) Subject Notwithstanding the provisions of Section 7.1 permitting Tenant to Subsection (b)pay and discharge all Taxes, the Tenant shall pay as Additional Rent to Landlord, or to the relevant taxing authorities if Landlord so directs, and discharge in each year during the Term and within the times provided for by the taxing authorities, all Realty Taxes laidrealty taxes levied, rated, charged or assessed from time to time respectively, against the Premises or any part thereof. (b) Tenant shall provide Landlord within 10 days after receipt by Tenant, a copy of all tax bills and assessment notices for the Premises or any part thereof and shall promptly deliver to Landlord receipts evidencing the payment of all such realty taxes payable to any such taxing authorities as aforesaid and to furnish such other information in connection therewith as Landlord reasonably requires. (c) Unless Landlord has directed Tenant to pay the realty taxes to the relevant taxing authorities, Tenant shall pay the realty taxes according to estimates or revised estimates made by Landlord from time to time in respect of each calendar year during the Term (a “Year”). Tenant’s payments will be made in advance on the first day of each month in monthly amounts and for such periods as determined by Landlord. Until such time as Landlord advises otherwise, realty taxes payable for each Year shall be payable in 9 equal monthly installments, commencing on January 1 in each Year and ending on September 1 in each Year, subject to a pro rata adjustment for the first and last years of the Term to reflect the fact that the Term will not commence on January 1 or end on September 30. (d) Unless Landlord directs Tenants to pay realty taxes directly to the taxing authorities and provided that Tenant complies with its preceding obligations in this Section to pay the realty taxes to Landlord, Landlord covenants to pay the realty taxes to the relevant taxing authorities. (e) If during the Term, the method of taxation is altered so that the whole or any part of the realty tax is now levied, rated, assessed or imposed on real estate and improvements are levied, assessed, rated or imposed wholly or partially as a capital levy or on the Property rents received or otherwise, or if any tax, assessment, levy, imposition or charge, in lieu thereof shall be imposed upon Landlord, then all such taxes, assessments, levies, impositions and charges shall be included within Tenant’s obligation to pay realty taxes as set out in this Article 7. (f) (i) Landlord may defer payment of realty taxes, or defer compliance of any relevant law in connection with the levying of any such realty taxes, in each case, to the fullest extent permitted by law, so long as it shall diligently prosecute any contest, appeal or assessment on which such tax is based. Tenant shall cooperate with Landlord in respect of any personal propertysuch contest, fixturesappeal or assessment and shall provide Landlord with all relevant information, business or other activity carried out documents and consents required by the Tenant on or in connection with the Property during the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, to the department, officer or bureau charged with their collection or, if the Landlord requires, the Tenant shall remit its payment to the Landlord. The Tenant agrees to provide to the Landlord within three days of receipt thereof, an original or a duplicate copy of any tax bills and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxes, which bills after inspection by Landlord shall be returned to Tenant. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred payments.

Appears in 1 contract

Samples: Lease (CUI Global, Inc.)

Realty Taxes. That the Tenant will, as additional rent, in each and every year during the Term and within the time or times hereinafter provided, pay directly to the Landlord or to the taxing authority as the Landlord may direct from time to time, and discharge all real property taxes (a) Subject to Subsection (bincluding local improvement rates, impost charges or levies), the Tenant shall pay all Realty Taxes laidrates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed or imposed on the Property basis of a separate real property tax xxxx and separate real property assessment notice against the Leased Premises or in respect of any personal propertypart thereof, fixturesfrom time to time by any taxing authority, business whether federal, provincial, municipal, school or other activity carried out otherwise, and including, but without limitation, any such taxes payable by the Tenant Landlord which are imposed in lieu of or as a substitute for such real property taxes or on account of the Landlord's ownership of the Building, whether of the foregoing character or whetheCustomer ServiceFinancial Printing Groupincluding, but without limitation, any such taxes payable by the Landlord which are imposed in connection with lieu of or as a substitute for such real property taxes or on account of the Property during Landlord's ownership of the Building, whether of the foregoing character or whether same existed at the commencement of the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, to the department, officer or bureau charged with their collection or, if the Landlord requires, the Tenant shall remit its payment to the Landlord. The Tenant agrees to provide to the Landlord within three ten (10) days of receipt thereof, an original or after demand therefore by the Landlord with a duplicate copy of any separate real property tax bills and separate real property assessment notices of assessment for the PropertyLeased Premises. The Tenant will, if applicableupon request, promptly exhibit deliver to the Landlord on request receipts for payment of all such real property taxes paid bills for Realty Taxesto any such taxing authorities, which bills after inspection by as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord shall be returned to Tenant. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred paymentsmay reasonably require. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask pay to the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses its assessed amount in respect of the Landlord (including all fees, disbursements, costs Common Areas and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred paymentsFacilities.

Appears in 1 contract

Samples: Industrial Lease (Channell Commercial Corp)

Realty Taxes. The Tenant shall pay to the Landlord the amount of all realty taxes, rates (aincluding local improvement taxes and rates) Subject and any and all taxes assessed in the future in lieu of realty taxes, assessments or levies imposed upon or charged against the Premises during the Term (“Realty Taxes”), together with the reasonable costs of appeal against disputed assessments for such Realty Taxes. The Landlord will notify the Tenant in writing if the Landlord intends to Subsection (b)dispute the amount of any Realty Taxes assessment and will deliver copies to Tenant of all communications with the taxing authority relating thereto. Payment of Realty Taxes invoiced shall be due in equal monthly instalments over each calendar year or such shorter period within the Term such that the Landlord will have in its hands an amount sufficient to pay each instalment of Realty Taxes at least fifteen days but not more than thirty days prior to the date when such instalment is due to the taxing authorities. Prior to the commencement of each year, the Landlord shall estimate reasonably the total amount due of Realty Taxes and the amount of the equal monthly instalments thereof, based on the preceding year’s Realty Tax invoices, and notify the Tenant in writing of such estimate. From time to time during the year, the Landlord may re-estimate the amounts payable for such year based on additional Realty Taxes invoices received, in which event the Landlord shall notify the Tenant in writing of such re-estimate accordingly and fix monthly instalments for the remaining balance of such year. Provided that if the Landlord so directs, the Tenant shall pay all Realty Taxes laid, levied, assessed or imposed on the Property or in respect of any personal property, fixtures, business or other activity carried out by the Tenant on or in connection with the Property during the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, directly to the department, officer or bureau charged with their collection or, if the Landlord requirestaxing authorities. In that event, the Tenant shall remit its payment make payments, on or before the due date, of each instalment and shall provide to the Landlord. The Tenant agrees to provide to , on demand, evidence of payment in the Landlord within three days form of receipt thereof, an original or a duplicate copy of any tax bills and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxes, which bills after inspection by Landlord shall be returned to Tenantreceipted bills. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred payments.

Appears in 1 contract

Samples: Asset Purchase Agreement (Caraustar Industries Inc)

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Realty Taxes. (a) Subject The Landlord shall pay to Subsection the taxing authority as and when due all Realty Taxes that may be levied, rated, charged or assessed against the Premises. Any penalties incurred as a result of the Landlord’s delay in paying any Realty Taxes shall be the sole expense of the Landlord. (b)) The Tenant shall, on the first day of each and every month during the Term and within the time or times hereinafter provided, pay directly to the Landlord or as the Landlord may direct from time to time, the amount the Landlord may reasonably require so that on the date the Realty Taxes are due and payable to the taxing authority, the Tenant shall have paid to the Landlord the full amount of the Realty Taxes then due in respect of Realty Taxes for the Premises. Such amount is preliminarily estimated to be Nine Thousand Four Hundred Twenty Four Dollars and Seventy One Cents ($9,424.71) monthly. (c) The Tenant agrees to provide the Landlord within ten (10) business days after demand therefor by the Landlord with a copy of any Realty Tax bills and real property assessment notices for the Premises received by the Tenant. The Tenant will, upon request, promptly deliver to the Landlord receipts for payment of all such Realty Taxes paid to any such taxing authorities, as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord may reasonably require. (d) The amount referred to in Section 3.4(b) is only an estimated amount. The Landlord may amend such estimated amount for such period or periods as the Landlord may reasonably determine from time to time, and the Tenant shall pay to the Landlord the amended estimated amount in monthly instalments in advance during such period, together with all other rental payments provided for in this Lease. When the final real property tax xxxx in any year has been received, which relates to the period for which payments have been made by the Tenant pursuant to this Section 3.4, the parties hereto agree to adjust all payments made by the Tenant on account of Realty Taxes in accordance with such final Realty Tax xxxx. If the actual amount of the Realty Taxes is different than the payments made by the Tenant on account thereof, the Tenant shall pay all Realty Taxes laid, levied, assessed or imposed on the Property or in respect amount of any personal property, fixtures, business or other activity carried out by the Tenant on or in connection with the Property during the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, to the department, officer or bureau charged with their collection or, if the Landlord requires, the Tenant shall remit its payment underpayment to the Landlord. The Tenant agrees to provide , or the Landlord will refund the amount of any overpayment to the Landlord Tenant, as the case may be, within three ten (10) business days of receipt thereof, an original or a duplicate copy of any tax bills and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxes, which bills after inspection by Landlord shall be returned to Tenantwritten request. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred payments.

Appears in 1 contract

Samples: Lease Agreement (D-Wave Quantum Inc.)

Realty Taxes. (a) Subject to Subsection (b), the Tenant shall pay all All Realty Taxes laid, levied, assessed or (as defined below) and personal property taxes and other taxes and charges imposed on the Seller and relating to the Property or and not paid by others. Adjustments in respect of any personal property, fixtures, business such taxes shall be made on the basis of the calendar year. If the Closing shall occur before the tax rates or other activity carried out by the Tenant on or in connection with assessed valuations of the Property during is fixed for the Term. The Tenant then current year, the apportionment of all such taxes shall pay be upon the basis of the tax rates for the preceding year, including all Realty Taxes when they become due and payablematters appearing on the tax bills for such year, before any interest, penalty, fine or cost may be imposed for late whether ad valorem or non-paymentad valorem, applied to the latest assessed valuations. The proration shall allow for any available discount. Subsequent to the Closing, when the tax rate and the assessed valuation of the Property is fixed for the year in which the Closing occurs, the parties agree to adjust the proration of taxes and, if necessary, to refund or repay such sums as shall be necessary to effect such adjustment, which obligation expressly shall survive Closing. For greater certainty, if, on the departmentClosing Date, officer all or bureau charged with their collection orany portion of the Property shall be or shall have been affected by a Realty Tax assessment which is, or which may become, payable in annual installments, of which the first installment is then a charge or lien or has been paid or if any of the Landlord requiresimprovements to be paid for thereby are in place or commenced, then for purposes of this Agreement all of the Tenant shall remit its payment unpaid installments of any such assessments that were due prior to the LandlordClosing Date shall be paid by Seller (and Seller shall pay and discharge such assessments on or prior to the Closing Date) and all installments due on and after the Closing Date will be paid by Purchaser (with any installments relating to a period of time in which the Closing Date occurs being prorated). The Tenant For greater certainty, should any rollback or similar taxes be due and payable on or after Closing with respect to the time period prior to Closing, such taxes shall be the sole responsibility of Seller, and Seller hereby agrees to provide to the Landlord within three days of receipt thereof, an original or a duplicate copy of any tax bills indemnify and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxeshold Purchaser harmless therefrom, which bills after inspection by Landlord obligation of Seller expressly shall be returned to Tenant. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred payments.survive Closing;

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Realty Taxes. (ai) Subject That the Tenant will, as additional rent, in each and every year during the Term and within the time or times hereinafter provided, pay directly to Subsection the Landlord or to the taxing authority as the Landlord may direct from time to time, and discharge all real property taxes (bincluding local improvement rates, impost charges or levies), the Tenant shall pay all Realty Taxes laidrates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed against the Leased Premises or imposed on the Property or in respect of any personal propertypart thereof, fixtures, business or other activity carried out by the Tenant on or in connection with the Property from time to time during the Term. The Tenant shall pay all Realty Taxes when they become due , and payableany extension or renewal thereof, before by any interesttaxing authority, penaltywhether federal, fine state, municipal, school or cost may be imposed for late or non-paymentotherwise, to the departmentand including but without limitation, officer or bureau charged with their collection or, if any such taxes payable by the Landlord requires, the Tenant shall remit its payment to which are imposed in lieu of or as a substitute for such real property taxes or on account of the Landlord’s ownership of the Leased Premises, whether of the foregoing character or whether same existed at the commencement of the Term. The Tenant agrees to provide to the Landlord within three days of receipt thereof, an original or with a duplicate copy of any real property tax bills and real property assessment notices of assessment for the PropertyLeased Premises. The Tenant will, if applicableupon request, promptly exhibit deliver to the Landlord on request receipts for payment of all such real property taxes paid bills for Realty Taxesto any such taxing authorities, which bills after inspection by as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord shall be returned to Tenantmay reasonably require. (bii) In The amount payable by the case Tenant pursuant to Paragraph 8(c)(i) may be estimated by the Landlord and shall be payable by the Tenant over the period covering the first nine (9) months of assessments each calendar year throughout the Term or as may be estimated by the Landlord for local improvements such other period or betterments which are assessed or imposedperiods as the Landlord may determine from time to time. Upon receipt of written notification from the Landlord, the Tenant shall pay to the Landlord the amount so estimated in monthly instalments in advance on the first day of each calendar month during such period, together with all other rental payments provided for in this Lease. Notwithstanding anything hereinbefore contained, if the Landlord decides to be responsible in the first instance for the payment of real property taxes in respect of the Leased Premises in accordance with the provisions of this Paragraph 8(c) and if at any time when payment by the Landlord of the real property taxes (including local improvement rates), whether interim, instalment or final is responsible due, the Landlord shall not have on deposit a sufficient sum to pay the instalments full amount of such real property taxes, the Tenant shall forthwith, upon demand, pay, as additional rent, the amount, determined as aforesaid, of any such deficiency to the Landlord. When the final real property tax xxxx in any year has been received, which fall due during relates to the Termperiod for which such estimated payments have been made by the Tenant, together as aforesaid, the parties hereto agree to adjusted all payments made by the Tenant on account of real property taxes in accordance with interest on deferred paymentssuch final real property tax xxxx. The Tenant shall not contest and/or appeal pay any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of incurred by the Landlord or the Tenant, as the case may be, in respect of any appeal or contestation conducted by the Landlord or the Tenant (including all fees, disbursements, costs and expenses charged by any consultant retained by with the prior consent of the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should of the payments of local improvements real property taxes levied or betterments be converted from a lump sum payment to payment on instalments, assessed against the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred paymentsLeased Premises.

Appears in 1 contract

Samples: Combination Agreement (Fenix Parts, Inc.)

Realty Taxes. (ai) Subject That the Tenant will, as additional rent, in each and every year during the Term and within the time or times hereinafter provided, pay directly to Subsection the Landlord or to the taxing authority as the Landlord may direct from time to time, and discharge all real property taxes (bincluding local improvement rates, impost charges or levies), rates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed against the Leased Premises or any part thereof, from time to time by any taxing authority, whether federal, provincial, municipal, school or otherwise, and including, but without limitation, any such taxes payable by the Landlord which are imposed in lieu of or as a substitute for or in addition to such real property taxes or on account of the Landlord’s ownership of the Lands and the Building, whether of the foregoing character or whether same existed at the commencement of the Term (collectively “real property taxes”). (ii) If there are separate real property tax bills and separate real property assessment notices for the Leased Premises, the Tenant agrees to provide the Landlord within ten (10) days after demand therefor by the Landlord with a copy of any separate real property tax bills and separate real property assessment notice for the Leased Premises. The Tenant will, upon request, promptly deliver to the Landlord receipts for payment of all such real property taxes paid to any such taxing authorities, as aforesaid, and will furnish and deliver all such other information in connection therewith as the Landlord may reasonably require. The Tenant shall pay to the Landlord its proportionate share of all real property taxes levied or assessed against the Common Areas and Facilities of the Building on the basis of a separate real property tax xxxx and separate real property assessment notice for such Common Areas and Facilities. (iii) If there is not a separate real property tax xxxx and separate real property assessment notice for the Leased Premises and the Common Areas and Facilities, the Tenant shall pay all Realty Taxes laid, its share (the “Tenant’s Share”) of such real property taxes (including local improvement taxes and rates) which may be levied, rated, charged or assessed by any lawful taxing authority against the lands, buildings and improvements comprising the Building (including the Common Areas and Facilities) or imposed on account of the Property Landlord’s ownership of them within the time or in respect of any personal property, fixtures, business or other activity carried out by the Tenant on or in connection with the Property during the Termtimes hereinafter provided. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, to the department, officer or bureau charged with their collection or, if the Landlord requires, the Tenant shall remit its payment to the Landlord. The Tenant agrees to provide to the Landlord within three days of receipt thereof, an original or a duplicate copy of any tax bills and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxes, which bills after inspection by Landlord Tenant’s Share shall be returned to Tenant. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained determined by the Landlord) together with an Administrative Fee applied to such costs , acting reasonably and expenses equitably, by allocating property taxes amongst the tenants of the Building. Realty Taxes shall in relation to such to application to convert. Should every instance be calculated on the payments basis of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment total Rentable Area of all instalments which fall due during the Term, together with interest on deferred paymentsBuilding being assessed as fully leased and operational.

Appears in 1 contract

Samples: Lease Agreement (Eloqua, Inc.)

Realty Taxes. The Tenant shall pay to the Landlord, as Additional Rent, all Realty Taxes levied, rated, charged or assessed throughout the Term, on or in relation to the Premises, or any part thereof, in accordance with the following: (a) Subject payment shall be due in equal monthly instalments over each calendar year or such shorter period as required such that the Landlord will have in its hands an amount sufficient to Subsection pay each instalment of Realty Taxes when due to the taxing authorities. Prior to the commencement of each year, the Landlord shall estimate the amount of such equal monthly instalments and notify the Tenant in writing of such estimate. From time to time during the year, the Landlord may re- estimate the amounts payable for such year, in which event the Landlord shall notify the Tenant in writing of such re-estimate and fix monthly instalments for the remaining balance of such year; (b)) the Realty Taxes payable by the Tenant shall be determined by the Landlord by applying the Tenant’s Proportionate Share to the Realty Taxes payable in respect of the Property. If, in any year, the Premises are assessed separately with respect to any Realty Taxes or there is a separate apportionment of assessment by the relevant authorities, then, at the election of the Landlord, the Realty Taxes payable by the Tenant shall be computed on the basis of such separate assessments and shall include the Tenant’s Proportionate Share of any Realty Taxes attributable to the Common Areas; (c) for the purposes of determining the share of Realty Taxes payable by the Tenant pursuant to this Lease, Realty Taxes shall include such additional amounts as would have formed part of Realty Taxes had the Property been fully assessed during the whole of the relevant fiscal period as fully completed and fully occupied by tenants, with no special exemptions or reductions, and without taking into account any actual or potential reduction of Realty Taxes or change of assessment category or class of premises within the Property which are vacant or underutilized; and (d) if the Landlord so directs, the Tenant shall pay all Realty Taxes laid, levied, assessed or imposed on the Property or in respect of any personal property, fixtures, business or other activity carried out by the Tenant on or in connection with the Property during the Term. The Tenant shall pay all Realty Taxes when they become due and payable, before any interest, penalty, fine or cost may be imposed for late or non-payment, directly to the department, officer or bureau charged with their collection or, if the Landlord requirestaxing authorities. In that event, the Tenant shall remit its payment make payment, on or before the due date, of each instalment and shall provide to the Landlord. The Tenant agrees to provide to , on demand, evidence of payment in the Landlord within three days form of receipt thereof, an original or a duplicate copy of any tax bills and notices of assessment for the Property. The Tenant will, if applicable, promptly exhibit to Landlord on request all paid bills for Realty Taxes, which bills after inspection by Landlord shall be returned to Tenantreceipted bills. (b) In the case of assessments for local improvements or betterments which are assessed or imposed, the Tenant is responsible to pay the instalments which fall due during the Term, together with interest on deferred payments. The Tenant shall not contest and/or appeal any assessments for local improvements or betterments. If local improvements or betterments are assessed on a lump sum basis, the Tenant may ask the Landlord to convert the payment of local improvements or betterments from a lump sum payment to payment on instalments. Upon receipt of such request, the Landlord shall make application to convert the payment structure and the Tenant shall reimburse the Landlord on demand for all out-of-pocket fees, disbursements, costs and expenses of the Landlord (including all fees, disbursements, costs and expenses charged by any consultant retained by the Landlord) together with an Administrative Fee applied to such costs and expenses in relation to such to application to convert. Should the payments of local improvements or betterments be converted from a lump sum payment to payment on instalments, the Tenant is responsible for payment of all instalments which fall due during the Term, together with interest on deferred payments.

Appears in 1 contract

Samples: Lease Agreement

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