Common use of Realty Taxes Clause in Contracts

Realty Taxes. (i) 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 (including 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 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 on account of the Landlord’s ownership of them within the time or times hereinafter provided. The Tenant’s Share shall be determined by the Landlord, acting reasonably and equitably, by allocating property taxes amongst the tenants of the Building. Realty Taxes shall in every instance be calculated on the basis of the total Rentable Area of the Building being assessed as fully leased and operational.

Realty Taxes. (i) That The Tenant shall pay to the Tenant willLandlord, as additional rentAdditional 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 (including local improvement rates, impost charges or levies), rates, duties and assessments of any nature or kind that may be Realty Taxes levied, rated, charged or assessed against throughout the Leased Premises Term, on or in relation to the Premises, or any part thereof, from in accordance with the following: (a) 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 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 by any taxing authorityduring the year, whether federalthe Landlord may re- estimate the amounts payable for such year, provincial, municipal, school or otherwise, in which event the Landlord shall notify the Tenant in writing of such re-estimate and including, but without limitation, any fix monthly instalments for the remaining balance of such taxes year; (b) the Realty Taxes payable by the Tenant shall be determined by the Landlord which by applying the Tenant’s Proportionate Share to the Realty Taxes payable in respect of the Property. If, in any year, the Premises are imposed in lieu assessed separately with respect to any Realty Taxes or there is a separate apportionment of or as a substitute for or in addition to such real property taxes or on account assessment by the relevant authorities, then, at the election 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 Realty Taxes payable 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 be computed on the basis of a such separate real property tax xxxx assessments and separate real property assessment notice for such shall include the Tenant’s Proportionate Share of any Realty Taxes attributable to the Common Areas and Facilities.Areas; (iiic) If there is not a separate real property tax xxxx and separate real property assessment notice for the Leased Premises 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 Common Areas and FacilitiesProperty which are vacant or underutilized; and (d) if the Landlord so directs, the Tenant shall pay its share (Realty Taxes directly to the “Tenant’s Share”) taxing authorities. In that event, the Tenant shall make payment, on or before the due date, of such real property taxes (including local improvement taxes each instalment 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 on account of the Landlord’s ownership of them within the time or times hereinafter provided. The Tenant’s Share shall be determined by provide to the Landlord, acting reasonably and equitablyon demand, by allocating property taxes amongst evidence of payment in the tenants form of the Building. Realty Taxes shall in every instance be calculated on the basis of the total Rentable Area of the Building being assessed as fully leased and operationalreceipted bills.

Realty Taxes. (ia) That Notwithstanding the provisions of Section 7.1 permitting Tenant willto pay and discharge all Taxes, Tenant shall pay as additional rentAdditional Rent to Landlord, or to the relevant taxing authorities if Landlord so directs, and discharge in each and every year during the Term and within the time or times hereinafter provided, pay directly to the Landlord or to provided for by the taxing authority as the Landlord may direct from time to timeauthorities, and discharge all real property realty taxes (including local improvement rates, impost charges or levies), rates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed from time to time respectively, 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”). (iib) If there are separate real property Tenant shall provide Landlord within 10 days after receipt by Tenant, a copy of all 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 Premises or any separate real property tax bills part thereof and separate real property assessment notice for the Leased Premises. The Tenant will, upon request, shall promptly deliver to the Landlord receipts for evidencing the payment of all such real property realty taxes paid payable to any such taxing authorities, authorities as aforesaid, aforesaid and will to furnish and deliver all such other information in connection therewith as Landlord reasonably requires. (c) Unless Landlord has directed Tenant to pay the Landlord may reasonably require. 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 its proportionate share of all real property advises otherwise, realty taxes levied or assessed against 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 Common Areas first and Facilities last years of the Building Term to reflect the fact that the Term will not commence on the basis of a separate real property tax xxxx and separate real property assessment notice for such Common Areas and FacilitiesJanuary 1 or end on September 30. (iiid) 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 there is not a separate real property tax xxxx and separate real property assessment notice for during the Leased Premises and the Common Areas and FacilitiesTerm, the Tenant shall pay its share (method of taxation is altered so that the “Tenant’s Share”) whole or any part of such real property taxes (including local improvement taxes and rates) which may be the realty tax is now levied, rated, charged assessed or assessed by any lawful taxing authority against the lands, buildings imposed on real estate and improvements comprising the Building (including the Common Areas and Facilities) are levied, assessed, rated or imposed wholly or partially as a capital levy or on account of the rents received or otherwise, or if any tax, assessment, levy, imposition or charge, in lieu thereof shall be imposed upon Landlord’s ownership of them , then all such taxes, assessments, levies, impositions and charges shall be included within the time or times hereinafter provided. The Tenant’s Share 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 be determined diligently prosecute any contest, appeal or assessment on which such tax is based. Tenant shall cooperate with Landlord in respect of any such contest, appeal or assessment and shall provide Landlord with all relevant information, documents and consents required by the Landlord, acting reasonably and equitably, by allocating property taxes amongst the tenants of the Building. Realty Taxes shall in every instance be calculated on the basis of the total Rentable Area of the Building being assessed as fully leased and operational.

Realty Taxes. (i) 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 (including local improvement rates, impost charges or levies), rates, duties and assessments of any nature or kind that may be levied, rated, charged or assessed on the basis of a separate real property tax xxxx and separate real property assessment notice 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 or the Landlord’s '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 Term. The Tenant agrees to provide the Landlord within ten (10) days after demand therefor by the Landlord with a copy of or any separate real property tax bills and separate real property assessment notice notices for the Leased Premises. The Tenant will, upon request, promptly deliver to the Landlord receipts for payment of or 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. . (ii) The amount payable by the 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 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 its proportionate share 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 due, the Landlord shall not have on deposit a sufficient sum to pay the 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 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 account of real property taxes in accordance with such final real property tax xxxx. The Tenant shall pay any and all costs and expenses incurred by the Tenant in respect of any appeal or contestation conducted by the Landlord or the Tenant (with the prior consent of the Landlord) of the 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 FacilitiesLeased Premises. (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 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 on account of the Landlord’s ownership of them within the time or times hereinafter provided. The Tenant’s Share shall be determined by the Landlord, acting reasonably and equitably, by allocating property taxes amongst the tenants of the Building. Realty Taxes shall in every instance be calculated on the basis of the total Rentable Area of the Building being assessed as fully leased and operational.

Realty Taxes. (i) That The Tenant shall pay to the Tenant willLandlord, as additional rentAdditional 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 (including local improvement rates, impost charges or levies), rates, duties and assessments of any nature or kind that may be Realty Taxes levied, rated, charged or assessed against throughout the Leased Premises Term, on or in relation to the Premises, or any part thereof, from in accordance with the following: (a) 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 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 by any taxing authorityduring the year, whether federalthe Landlord may re-estimate the amounts payable for such year, provincial, municipal, school or otherwise, in which event the Landlord shall notify the Tenant in writing of such re-estimate and including, but without limitation, any fix monthly instalments for the remaining balance of such taxes year; (b) the Realty Taxes payable by the Tenant shall be determined by the Landlord which by applying the Tenant’s Proportionate Share to the Realty Taxes payable in respect of the Property. If, in any year, the Premises are imposed in lieu assessed separately with respect to any Realty Taxes or there is a separate apportionment of or as a substitute for or in addition to such real property taxes or on account assessment by the relevant authorities, then, at the election 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 Realty Taxes payable 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 be computed on the basis of a such separate real property tax xxxx assessments and separate real property assessment notice for such shall include the Tenant’s Proportionate Share of any Realty Taxes attributable to the Common Areas and Facilities.Areas; (iiic) If there is not a separate real property tax xxxx and separate real property assessment notice for the Leased Premises 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 Common Areas and FacilitiesProperty which are vacant or underutilized; and (d) if the Landlord so directs, the Tenant shall pay its share (Realty Taxes directly to the “Tenant’s Share”) taxing authorities. In that event, the Tenant shall make payment, on or before the due date, of such real property taxes (including local improvement taxes each instalment 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 on account of the Landlord’s ownership of them within the time or times hereinafter provided. The Tenant’s Share shall be determined by provide to the Landlord, acting reasonably and equitablyon demand, by allocating property taxes amongst evidence of payment in the tenants form of the Building. Realty Taxes shall in every instance be calculated on the basis of the total Rentable Area of the Building being assessed as fully leased and operationalreceipted bills.