Common use of Rents from Personal Property Restricted Clause in Contracts

Rents from Personal Property Restricted. Rents attributable to personal property within the meaning of Treasury Regulation Section 1.512(b)-1(c)(3)(ii) that is leased to Tenant with respect to the Leased Property will not exceed 10 percent (10%) of the total Rents per year (the "UBTI Personal Property Limitation"). If Landlord reasonably anticipates that the UBTI Personal Property Limitation will be exceeded with respect to the Leased Property for any Fiscal Year, Landlord shall notify Tenant, and Landlord and Tenant shall negotiate in good faith the purchase by Tenant of items of personal property anticipated by Landlord to be in excess of the UBTI Personal Property Limitation; provided, However, that Tenant's responsibility to purchase such personal property will be offset by Landlord in some mutually agreeable manner which will not result in the Landlord earning income which would constitute "unrelated business taxable income" within the meaning of Section 512 of the Code if the Landlord was a "qualified trust" within the meaning of Section 856(h)(3)(E) of the Code.