Tax Expenses. Tenant shall pay to Landlord Tenant's Share of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises or any other portion of the Project or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
Appears in 1 contract
Samples: Lease Agreement (New Focus Inc)
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is defined on Page 1, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord as reasonably determined by Landlord. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's reasonable discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent or other income therefrom, or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.LANDLORD'S INITIALS: /s/ TT --- TENANT'S INITIALS: /s/ EB ---
Appears in 1 contract
Samples: Lease Agreement (Natrol Inc)
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment alterations or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, countycountry, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, fee or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
Appears in 1 contract
Tax Expenses. Tenant In addition to the Base Rent set forth in Xxxxxxxxx 0, Xxxxxx shall pay to Landlord Tenant's Share one hundred percent (100%) of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any Park (including the Lot and all taxes the Building) and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) all personal property taxes now or hereafter assessed or levied against the Premises or Lessee's personal property. Lessee shall also pay any increase in real property taxes attributable attributable, in Lessor's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted periodLessee. The term "Tax Expenses" shall mean and includeincludes, without limitationbut is not limited to, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord Lessor in the Premises, Lot or Park, as against Lessor's right to rent or other income therefrom, or as against Lessor's business of leasing the Premises or any other portion the occupancy of the Project Lessee or any other tax, fee, or excise, however describeddescribed (excluding inheritance or estate taxes), including, but not limited to, including any value added tax, or any tax imposed in substitution (substitution, partially or totally) , of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxestax. The term "Notwithstanding anything to the contrary contained in the Lease, Tax Expenses" Expenses shall not include (i) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlordtaxes, franchise taxes, gift taxes, capital stock taxes, inheritance an succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Lessor's general or a penalty fee imposed net income (as opposed to rents or receipts), (ii) any items for which Lessee or other tenants are directly liable pursuant to their leases, (iii) penalties incurred as a result of LandlordLessor's negligence, inability or unwillingness to make payment of, and/or to file any tax or informational returns with respect to, any real property taxes or assessments, when due, unless such inability or unwillingness is due, in whole or in part, to Lessee's failure to pay amounts due hereunder when the same are due; or (iv) any other taxes or assessments charged or levied against Lessor which are not related to the use, ownership or operation of the Park With respect to any assessments or taxes for which Lessor has the right to elect to make a lump sum payment or cause such assessment or tax to be amortized and paid over a reasonable period of time at a reasonably acceptable interest rate, Lessor shall only include in the definition of Tax Expenses when duethe amortized portion of such taxes and assessments (including any applicable interest charges) for purposes of this Lease. The parties acknowledge and agree that as of the Lease Date Lessor is currently employing a firm that specializes in reviewing and possibly contesting taxes and assessments levied against the Park and other properties (the "Tax Consultant"). If at any time during the term of this Lease Lessor permanently ceases to employ the Tax Consultant or another firm to provide services similar to those being provided by the Tax Consultant with respect to the Park or if the tax consultant chooses not to contest the Tax Expenses in a given year, Lessee shall thereafter have the following right to contest the Tax Expenses payable by Lessee hereunder and any other taxes payable by Lessee with respect to the Premises. Provided Lessee is not in default of any of the terms, provisions or obligations under this Lease beyond all notice and applicable cure periods, and Lessee has delivered to Lessor at least sixty (60) days prior written notice of Lessee's intention to initiate such a proceeding, Lessee shall have the right to contest the amount or validity of the Tax Expenses payable by Lessee hereunder and any other taxes payable by Lessee with respect to the Premises by appropriate administrative and legal proceedings brought either in its own name, Lessor's name or jointly with Lessor. Any such proceeding shall be undertaken by counsel selected by Lessee and reasonably approved by Lessor, and if Lessee deems it appropriate, such measures shall be taken in the name of Lessee. Lessor hereby agrees that it will promptly upon receipt of a written request therefor from Lessee (but in no event later than forty-five (45) business days after Lessor's receipt of such written request) furnish Lessee copies of all notices of assessment of Tax Expenses. Lessor shall execute and deliver to Lessee whatever documents may be reasonably necessary or proper to permit Lessee to so contest such taxes or which may be necessary to secure payment of any refund which may result from any such proceedings; provided, however, if Lessee makes such contest Lessee shall be solely responsible for any and all penalties and liabilities arising therefrom as well as for providing such security as Lessor may reasonably request in connection with any such contest. Any such proceeding shall be undertaken at the sole cost and expense of Lessee. Any tax refund shall, only to the extent of the Tax Expenses payable by Lessee hereunder and any other taxes payable by Lessee with respect to the Premises actually paid by Lessee to Lessor for the fiscal tax year or years being contested, belong solely to Lessee to the extent such refund is attributable to the Premises and for a period concurrent with the term of the Lease (otherwise an appropriate apportionment shall be made), and any excess amount of any such refund shall belong solely to Lessor. In exercising such right to contest the above-described taxes and assessments in no event or circumstances shall Lessee permit all or any portion of the Premises, the Lot or the Park to be sold or otherwise transferred to the taxing authorities or any governmental agency in connection with any such contest.
Appears in 1 contract
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent, or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional a4ditional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
Appears in 1 contract
Samples: Lease Agreement (Pri Automation Inc)
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole but reasonable discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, gift or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
Appears in 1 contract
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is defined on Page 1, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable exclusively attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent, or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
Appears in 1 contract
Samples: Lease Agreement (Shoe Pavilion Inc)
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's reasonable discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed within the Building, whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, or levy imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent, or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
Appears in 1 contract
Samples: Lease Agreement (Ditech Corp)
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is defined on Page 1, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any Lease Term and all taxes land and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's $ Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord as reasonably determined by Landlord. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's reasonable discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, and the Lot, as against Landlord's right to rent or other income therefrom, or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, . With respect to any assessments or taxes for which Landlord has the right to elect to make a penalty fee imposed as lump sum payment or cause such assessment or tax to be amortized and paid over a result period of Landlord's failure to pay time at a reasonably acceptable interest rate. Landlord shall only include in the definition of Tax Expenses when dueExpense the amortized portion of such taxes and assessments (including any applicable interest charges) for purposes of this Lease.
Appears in 1 contract
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is defined on Page 1, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord as reasonably determined by Landlord. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent or other income therefrom, or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, estate inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
Appears in 1 contract
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's reasonable judgment, to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment alterations or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord's right to rent or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
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Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Buildings and/or the Park due to casualty, condemnation, or sale of any portion of the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Buildings or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to Tenant after the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted periodCommencement Date. The term "Tax Expenses" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Buildings, the Lot or the Park, as against Landlord's right to rent, or as against Landlord's business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses" shall not include any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Landlord's failure to pay Tax Expenses when due.
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Samples: Lease Agreement (Phase Metrics Inc)
Tax Expenses. In addition to the Base Rent set forth in Section 3, Tenant shall pay to Landlord Tenant's Share its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant's Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant’s personal property. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or Tenant’s use and occupancy thereof. The amount of Tenant’s Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord’s sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "“Tax Expenses" ” shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in the Premises, the Building, the Lot or the Park, as against Landlord’s right to rent, or as against Landlord’s business of leasing the Premises or any other portion the occupancy of the Project Tenant or any other tax, fee, or excise, however described, including, but not limited to, any value added tax, or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The Notwithstanding the foregoing, the term "“Tax Expenses" ” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or increase therein (a) attributable to any franchise, estate, inheritance, net income, gift, transfer, or excess profits tax imposed upon Landlord; (b) levied on Landlord’s rental income, unless such tax or a penalty fee assessment is imposed as a result in lieu of Landlord's failure to pay Tax Expenses when duereal property taxes; and (c) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest permitted term.
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Samples: Lease Agreement (Synplicity Inc)