Tax Increase Amount. (a) As used in this Section, Taxes shall be defined as set forth in Section 2.12. (b) In addition to Base Rent and all other charges Tenant is required to pay hereunder, Tenant shall pay the “Tax Increase Amount” (as hereinafter defined) to Landlord as follows: (i) If the Taxes for any Tax Year and/or the estimated Taxes for any ensuing Tax Year during the Term of this Lease (after the Assessed Valuation has been established), shall be greater than the Real Estate Tax Base, then Tenant shall pay to Landlord, as Additional Rent and as provided in paragraph (ii) below, the “Tax Increase Amount” determined by multiplying the difference between the Taxes for the applicable Tax Year and the Real Estate Tax Base by Tenant’s Pro Rata Share. Notwithstanding the foregoing, there shall be no Tax Increase Amount due during Tenant’s first twelve (12) months of occupancy. (ii) Within ninety (90) days (or as soon as practicable) after Landlord receives the final tax xxxx(s) for each Tax Year (after and including the year in which the Assessed Valuation has been established), Landlord shall submit to Tenant a statement (the “Tax Statement”), which shall indicate: (i) the total annual Taxes for such Tax Year, (ii) the Tax Increase Amount due for said Tax Year, if any, which Tenant shall pay to Landlord within thirty (30) days after the issuance of the Tax Statement (iii) the estimated annual increase (or decrease) in the Taxes for the ensuing Tax Year as reasonably determined by Landlord, (iv) the estimated Tax Increase Amount due from Tenant for the ensuing Tax Year to be paid monthly on a one-twelfth (1/12) basis, together with the Base Rent until the next Tax Statement is issued for the following Tax Year, (v) any overpayment made by Tenant of any estimated Tax Increase Amount for such Tax Year, in which case Landlord shall either refund the excess amount to Tenant, or credit the excess amount against the estimated Tax Increase Amount due for the ensuing Tax Year (to the extent there are any) as shown on the Tax Statement, and (vi) any Extra Taxes due as set forth below. Any Tax Increase Amount for a period of less than a full Tax Year shall be ratably apportioned. (c) Tenant shall be liable for any portion of the Taxes, charges and assessments imposed upon the Real Estate during the Term of this Lease which are attributable to extraordinary improvements in the Demised Premises or the Building constructed at Tenant’s expense and for which the taxing authority has assigned an increase in valuation in computing the Assessed Valuation (“Extra Taxes”). Tenant shall pay to Landlord such Extra Taxes within thirty (30) days after issuance of the Tax Statement as set forth above. Any Extra Taxes due for a period of less than a full year shall be ratably apportioned. Tenant shall not be liable for any Extra Taxes attributable to the extraordinary improvements constructed for any other tenant for which the taxing authority has assigned an increase in valuation in computing the Assessed Valuation. (d) Tenant’s obligations for payment of Tax Increase Amount or Extra Taxes during the Term shall survive the expiration or early termination of this Lease.
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Samples: Lease Agreement (Sco Group Inc)
Tax Increase Amount. (a) As used in this Section, Taxes shall be defined as set forth in Section 2.12.
(b) In addition to Base Rent and all other charges Tenant is required to pay hereunder, Tenant shall pay the “Tax Increase Amount” Amount (as hereinafter defined) to Landlord as follows:
(i) If the Taxes for any Tax Year and/or the estimated Taxes for any ensuing Tax Year during the Term of this Lease (after the Assessed Valuation has been established), shall be greater than the Real Estate Tax Base, then Tenant shall pay to Landlord, as Additional a component of Rent and as provided in paragraph (iiSection 5.02(a)(ii) below, the amount (the “Tax Increase Amount” ”) determined by multiplying the difference between the Taxes for the applicable Tax Year and the Real Estate Tax Base by Tenant’s Pro Rata Share. Notwithstanding the foregoing, there shall be no Tax Increase Amount due during Tenant’s first twelve (12) months of occupancy.
(ii) Within ninety one hundred and eighty (90180) days (or as soon as practicable) after Landlord receives the final tax xxxx(s) for commencement of each Tax Year (after and including the year in which the Assessed Valuation has been established), or as soon as practicable thereafter, Landlord shall submit to Tenant a copy of the xxxx(s) for the Taxes for such Tax Year and a statement (the “Tax Statement”), which shall indicate: (i) any annual increase in the total annual Taxes for such Tax YearTaxes, (ii) the effective date of such increase, (iii) the Tax Increase Amount due for said Tax Yeardue, if any, which and (iv) any Extra Taxes due as set forth below. Tenant shall pay the Tax Increase Amount to Landlord within thirty (30) days after the issuance of the Tax Statement (iii) the estimated annual increase (or decrease) in the Taxes for the ensuing Tax Year as reasonably determined by Landlord, (iv) the estimated Tax Increase Amount due from Tenant for the ensuing Tax Year to be paid monthly on a one-twelfth (1/12) basis, together with the Base Rent until the next Tax Statement is issued for the following Tax Year, (v) any overpayment made by Tenant of any estimated Tax Increase Amount for such Tax Year, in which case Landlord shall either refund the excess amount to Tenant, or credit the excess amount against the estimated Tax Increase Amount due for the ensuing Tax Year (to the extent there are any) as shown on the Tax Statement, and (vi) any Extra Taxes due as set forth below. Any Tax Increase Amount for a period of less than a full Tax Year shall be ratably apportioned.
(cb) Tenant shall be liable for any portion of the Taxes, charges and assessments imposed upon the Real Estate during the Term of this Lease which are attributable to extraordinary improvements in the Demised Premises or the Building constructed at Tenant’s expense or for Tenant’s specific benefit and for which the taxing authority has assigned an a distinguishable increase in valuation in computing the Assessed Valuation (“"Extra Taxes”). Tenant shall pay to Landlord such Extra Taxes within thirty (30) days after issuance of the Tax Statement as set forth above. Any Extra Taxes due for a period of less than a full year shall be ratably apportioned. Tenant shall not be liable for any Extra Taxes attributable attributable to the extraordinary improvements constructed for of any other tenant for which in the taxing authority has assigned an increase in valuation in computing the Assessed ValuationBuilding.
(dc) Tenant’s obligations for payment of Tax Increase Amount or Extra Taxes during the Term shall survive the expiration expiration or early termination of this Lease.
(d) If Landlord shall receive any tax refund or rebate of Taxes in respect of any Tax Year during the Term following the first Tax Year under this Lease, Landlord shall pay to Tenant, from the amount of the Taxes refunded to Landlord, such amount (if any) so that the actual amount of the Tax Increase Amount paid by Tenant for the applicable Tax Year (after subtracting the amount refunded to Tenant pursuant to this Section 5.02(d)) equals the Tax Increase Amount that Tenant would have been required to pay Landlord for such Tax Year if Landlord had received such refund or rebate in that particular Tax Year.
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Samples: Lease (Authentidate Holding Corp)
Tax Increase Amount. (a) As used in this Section, Taxes shall be defined as set forth in Section 2.12.
(b) In addition to Base Rent and all other charges Tenant is required to pay hereunder, Tenant shall pay the “"Tax Increase Amount” " (as hereinafter defined) to Landlord as follows:
(i) If the Taxes for any Tax Year and/or the estimated Taxes for any ensuing Tax Year during the Term of this Lease (after the Assessed Valuation has been established), shall be greater than the Real Estate Tax Base, then Tenant shall pay to Landlord, as Additional Rent and as provided in paragraph (ii) below, the “"Tax Increase Amount” " determined by multiplying the difference between the Taxes for the applicable Tax Year and the Real Estate Tax Base by Tenant’s 's Pro Rata Share. Notwithstanding the foregoing, there shall be no Tax Increase Amount due during Tenant’s first twelve (12) months of occupancy.
(ii) Within ninety (90) days (or as soon as practicable) after Landlord receives the final tax xxxx(s) for each Tax Year (after and including the year in which the Assessed Valuation has been established), Landlord shall submit to Tenant a statement (the “"Tax Statement”"), which shall indicate: (i) the total annual Taxes for such Tax Year, (ii) the Tax Increase Amount due for said Tax Year, if any, which Tenant shall pay to Landlord within thirty (30) days after the issuance of the Tax Statement (iii) the estimated annual increase (or decrease) in the Taxes for the ensuing Tax Year as reasonably determined by Landlord, (iv) the estimated Tax Increase Amount due from Tenant for the ensuing Tax Year to be paid monthly on a one-twelfth (1/12) basis, together with the Base Rent until the next Tax Statement is issued for the following Tax Year, (v) any overpayment made by Tenant of any estimated Tax Increase Amount for such Tax Year, in which case Landlord shall either refund the excess amount to Tenant, or credit the excess amount against the estimated Tax Increase Amount due for the ensuing Tax Year (to the extent there are any) as shown on the Tax Statement, and (vi) any Extra Taxes due as set forth below. , and (vii) any refunds, adjustments or other changes to Taxes resulting from any administrative or judicial decree, whether caused by one or more appeals by Landlord or otherwise, less Landlord's out-of-pocket costs and reasonable attorney fees for filing any such appeals.. Any Tax Increase Amount for a period of less than a full Tax Year shall be ratably apportioned.
(c) Tenant shall be liable for any portion of the Taxes, charges and assessments imposed upon the Real Estate during the Term of this Lease which are attributable to extraordinary improvements in the Demised Premises or the Building constructed at Tenant’s 's expense and for which the taxing authority has assigned an increase in valuation in computing the Assessed Valuation (“"Extra Taxes”"). Tenant shall pay to Landlord such Extra Taxes within thirty (30) days after issuance of the Tax Statement as set forth above. Any Extra Taxes due for a period of less than a full year shall be ratably apportioned. Tenant shall not be liable for any Extra Taxes attributable to the extraordinary improvements constructed for any other tenant for which the taxing authority has assigned an increase in valuation in computing the Assessed Valuation.
(d) Tenant’s 's obligations for payment of Tax Increase Amount or Extra Taxes during the Term shall survive the expiration or early termination of this Lease.
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Tax Increase Amount. (a) As used in this Section, Taxes shall be defined as set forth in Section 2.12.
(b) In addition to Base Rent and all other charges Tenant is required to pay hereunder, Tenant shall pay the “Tax Increase Amount” Amount (as hereinafter defined) to Landlord as follows:
(i) If the Taxes for any Tax Year and/or the estimated Taxes for any ensuing Tax Year during the Term of this Lease (after the Assessed Valuation has been established), shall be greater than the Real Estate Tax Base, then Tenant shall pay to Landlord, as Additional a component of Rent and as provided in paragraph (iiSection 5.02(a)(ii) below, the “amount (the "Tax Increase Amount” ") determined by multiplying the difference between the Taxes for the applicable Tax Year and the Real Estate Tax Base by Tenant’s 's Pro Rata Share. Notwithstanding the foregoing, there shall be no Tax Increase Amount due during Tenant’s first twelve (12) months of occupancy.
(ii) Within ninety one hundred and eighty (90180) days (or as soon as practicable) after Landlord receives the final tax xxxx(s) for commencement of each Tax Year (after and including the year in which the Assessed Valuation has been established), or as soon as practicable thereafter, Landlord shall submit to Tenant a copy of the xxxx(s) for the Taxes for such Tax Year and a statement (the “"Tax Statement”"), which shall indicate: (i) any annual increase in the total annual Taxes for such Tax YearTaxes, (ii) the effective date of such increase, (iii) the Tax Increase Amount due for said Tax Yeardue, if any, which and (iv) any Extra Taxes due as set forth below. Tenant shall pay the Tax Increase Amount to Landlord within thirty (30) days after the issuance of the Tax Statement (iii) the estimated annual increase (or decrease) in the Taxes for the ensuing Tax Year as reasonably determined by Landlord, (iv) the estimated Tax Increase Amount due from Tenant for the ensuing Tax Year to be paid monthly on a one-twelfth (1/12) basis, together with the Base Rent until the next Tax Statement is issued for the following Tax Year, (v) any overpayment made by Tenant of any estimated Tax Increase Amount for such Tax Year, in which case Landlord shall either refund the excess amount to Tenant, or credit the excess amount against the estimated Tax Increase Amount due for the ensuing Tax Year (to the extent there are any) as shown on the Tax Statement, and (vi) any Extra Taxes due as set forth below. Any Tax Increase Amount for a period of less than a full Tax Year shall be ratably apportioned.
(cb) Tenant shall be liable for any portion of the Taxes, charges and assessments imposed upon the Real Estate during the Term of this Lease which are attributable to extraordinary improvements in the Demised Premises or the Building constructed at Tenant’s 's expense or for Tenant's specific benefit (and not the benefit of other tenants) and for which the taxing authority has assigned an a distinguishable increase in valuation in computing the Assessed Valuation (“"Extra Taxes”"). Tenant shall pay to Landlord such Extra Taxes within thirty (30) days after issuance of the Tax Statement as set forth above. Any Extra Taxes due for a period of less than a full year shall be ratably apportioned. Tenant shall not be liable for any Extra Taxes Taxes, charges and assessments imposed upon the Real Estate during the Term of this Lease which are attributable to the extraordinary improvements in another tenant in the Building’s space or the Building constructed at another tenant’s expense or for any another tenant’s specific benefit (and not the benefit of other tenant tenants) and for which the taxing authority has assigned an a distinguishable increase in valuation in computing the Assessed Valuation.
(dc) Tenant’s 's obligations for payment of Tax Increase Amount or Extra Taxes during the Term shall survive the expiration expira-tion or early termination of this Lease. After the Real Estate Tax Base is established, the Real Estate Tax Base shall never decrease.
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Tax Increase Amount. (a) As used in this Section, Taxes shall be defined as set forth in Section 2.12.
(b) In addition to Base Rent and all other charges Tenant is required to pay hereunder, Tenant shall pay the “Tax Increase Amount” Amount (as hereinafter defined) to Landlord as follows:
(i) If the Taxes for any Tax Year and/or the estimated Taxes for any ensuing Tax Year during the Term of this Lease (after the Assessed Valuation has been established), shall be greater than the Real Estate Tax Base, then Tenant shall pay to Landlord, as Additional a component of Rent and as provided in paragraph (iiSection 5.02(a)(ii) below, the “amount (the "Tax Increase Amount” ") determined by multiplying the difference between the Taxes for the applicable Tax Year and the Real Estate Tax Base by Tenant’s 's Pro Rata Share. Notwithstanding If the foregoing, there Taxes for any Tax Year during the Term of this Lease shall be no less than the Real Estate Tax Increase Amount due during Base, then Landlord shall refund to Tenant as provided in Section 5.02(a)(ii) below, the amount (the "Tax Decrease Amount") determined by multiplying the difference between the Real Estate Tax Base and the Taxes for the applicable Tax Year by Tenant’s first twelve (12) months of occupancy's Pro Rata Share.
(ii) Within ninety one hundred and eighty (90180) days (or as soon as practicable) after Landlord receives the final tax xxxx(s) for commencement of each Tax Year (after and including the year in which the Assessed Valuation has been established), or as soon as practicable thereafter, Landlord shall submit to Tenant a copy of the bill(x) for the Taxes for such Tax Year and a statement (the “"Tax Statement”"), which shall indicate: :
(i) any annual increase (or decrease) in the total annual Taxes for such Tax YearTaxes, (ii) the effective date of such increase (or decrease), (iii) the Tax Increase Amount due for said Tax Yeardue, if any, which (iv) the Tax Decrease Amount, if any, to be refunded and (v) any Extra Taxes due as set forth below. Tenant shall pay the Tax Increase Amount to Landlord within thirty (30) days after the issuance of the Tax Statement (iii) the estimated annual increase (or decrease) in the Taxes for the ensuing Tax Year as reasonably determined by Landlord, (iv) the estimated Tax Increase Amount due from Tenant for the ensuing Tax Year to be paid monthly on a one-twelfth (1/12) basis, together with the Base Rent until the next Tax Statement is issued for the following Tax Year, (v) any overpayment made by Tenant of any estimated Tax Increase Amount for such Tax Year, in which case Statement. Landlord shall either refund pay the excess amount Tax Decrease Amount to Tenant, or credit Tenant within thirty (30) days after the excess amount against the estimated Tax Increase Amount due for the ensuing Tax Year (to the extent there are any) as shown on issuance of the Tax Statement, and (vi) any Extra Taxes due as set forth below. Any Tax Increase Amount or Tax Decrease Amount for a period of less than a full Tax Year shall be ratably apportioned.
(cb) Tenant shall be liable for any portion of the Taxes, charges and assessments imposed upon the Real Estate during the Term of this Lease which are attributable to extraordinary improvements in the Demised Premises or the Building constructed at Tenant’s 's expense or for Tenant's specific benefit and for which the taxing authority has assigned an a distinguishable increase in valuation in computing the Assessed Valuation (“"Extra Taxes”"). Tenant shall pay to Landlord such Extra Taxes within thirty (30) days after issuance of the Tax Statement as set forth above. Any Extra Taxes due for a period of less than a full year shall be ratably apportioned. Tenant shall not be liable for any Extra Taxes attributable to the extraordinary improvements constructed for of any other tenant for which the taxing authority has assigned an increase in valuation in computing the Assessed ValuationTenant.
(dc) Tenant’s 's obligations for payment of Tax Increase Amount or Extra Taxes during the Term shall survive the expiration or early termination of this Lease.
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