Common use of Tax Payments Clause in Contracts

Tax Payments. (a) If the Tax Factor for any Tax Year exceeds the Base Tax Factor, Tenant shall pay to Landlord, as Additional Rent during each Tax Year, an amount (“Tenant’s Tax Payment”) equal to (i) Tenant’s Area, multiplied by (ii) the amount by which the Tax Factor for such Tax Year exceeds the Base Tax Factor. Landlord shall furnish to Tenant a Landlord’s Statement setting forth Landlord’s computation of Tenant’s Tax Payment for such Tax Year. Tenant shall pay to Landlord on June 1 and December 1 of each calendar year (or on such other dates as shall be thirty (30) days prior to each date that an installment of Taxes becomes due) an amount equal to 1/2 (or such portion of Taxes which may be due on such date) of Tenant’s Tax Payment for such Tax Year. Landlord may, at any time, furnish to Tenant a revised Landlord’s Statement of Landlord’s computation of Tenant’s Tax Payment for a particular Tax Year, and in such case, (A) if such Landlord’s Statement shall show that the sums theretofore paid by Tenant were less than the sums which should have been paid on account of Tenant’s Tax Payment for such Tax Year, Tenant shall pay to Landlord the amount of such deficiency in Tenant’s Tax Payment within ten (10) Business Days after such Landlord’s Statement is furnished to Tenant, or (B) if such Landlord’s Statement shall show that the sums so paid by Tenant were more than the sums that should have been paid on account of Tenant’s Tax Payment for such Tax Year, Landlord shall credit such overpayment in Tenant’s Tax Payment against subsequent installments of Rent payable by Tenant or, if at the end of the Term, promptly refund such amount to Tenant. If there shall be any increase in the Taxes for any Tax Year, whether during or after such Tax Year, or if there shall be any decrease in the Taxes for any Tax Year, Landlord shall notify Tenant thereof and Tenant’s Tax Payment for such Tax Year shall be appropriately adjusted and any deficiencies paid or overpayments credited, as the case may be, substantially in the same manner as provided in the preceding sentence.

Tax Payments. (a) If Notwithstanding anything in the Tax Factor for Lease to the contrary, so long as Landlord is required to escrow and pay real estate taxes by any Tax Year exceeds mortgagee holding an interest in the Base Tax Factordemised premises, then in lieu of direct payment of real estate taxes by the Tenant shall pay to Landlord, as Additional Rent during each Tax Year, an amount (“Tenant’s Tax Payment”) equal to (i) Tenant’s Area, multiplied by (ii) provided in the amount by which the Tax Factor for such Tax Year exceeds the Base Tax Factor. Landlord shall furnish to Tenant a Landlord’s Statement setting forth Landlord’s computation of Tenant’s Tax Payment for such Tax Year. Tenant shall pay to Landlord on June 1 and December 1 of each calendar year (or on such other dates as shall be thirty (30) days prior to each date that an installment of Taxes becomes due) an amount equal to 1/2 (or such portion of Taxes which may be due on such date) of Tenant’s Tax Payment for such Tax Year. Landlord may, at any time, furnish to Tenant a revised Landlord’s Statement of Landlord’s computation of Tenant’s Tax Payment for a particular Tax Year, and in such case, (A) if such Landlord’s Statement shall show that the sums theretofore paid by Tenant were less than the sums which should have been paid on account of Tenant’s Tax Payment for such Tax YearLease, Tenant shall pay to Landlord along with the monthly payment of Fixed Rent an estimated payment in the amount of such deficiency in Tenant’s 1/12 of the annual real estate taxes for the demised premises with respect to any tax fiscal year (or portion thereof) which falls within the term of the Lease (the "MONTHLY ESTIMATED TAX PAYMENT"). Landlord shall from time to time render to Tenant a statement calculating the Monthly Estimated Tax Payment based on the estimated amount of real estate taxes payable by Landlord during the tax fiscal year in question, and shall adjust the Monthly Estimated Tax Payment (a) within ten 30 days of the receipt by Landlord of the quarterly real estate tax bill which sets the final assessment and final tax rate for the demixxx premises for the tax fiscal year in question, and (10b) Business Days promptly if at any time Landlord determines that the Monthly Estimated Tax Payment is in excess or less than 1/12 of the annual amount of real estate taxes payable by Landlord. Promptly after any real estate tax payment made by or on behalf of Landlord, Landlord shall render a statement to Tenant summarizing the actual amounts of real estate taxes paid by Landlord and provide documentation confirming payment to the taxing authority. Within 30 days of the end of each tax fiscal year during the term of the Lease (and within 30 days of the earlier of either the end of the term of the Lease or the determination of the final assessment and final tax rate for the demised premises for the tax fiscal year during which the end of the term of the Lease falls), Landlord shall issue to Tenant a final statement of taxes for the tax fiscal year in question stating the total amount of real estate taxes payable by Tenant, the total amount of the Monthly Estimated Tax Payments paid by Tenant, and any excess or deficiency between those two amounts, and within 30 days of such Landlord’s Statement is furnished final determination, either, (y) Landlord shall refund any excess payment of Monthly Estimated Tax Payments to Tenant, or (Bz) if such Landlord’s Statement Tenant shall show that the sums so paid by Tenant were more than the sums that should have been paid on account of Tenant’s Tax Payment for such Tax Year, Landlord shall credit such overpayment in Tenant’s Tax Payment against subsequent installments of Rent payable by Tenant or, if at the end of the Term, promptly refund such amount to Tenant. If there shall be pay any increase deficiency in the Taxes for any Monthly Estimated Tax Year, whether during or after such Tax Year, or if there shall be any decrease in the Taxes for any Tax Year, Landlord shall notify Tenant thereof and Tenant’s Tax Payment for such Tax Year shall be appropriately adjusted and any deficiencies paid or overpayments credited, as the case may be, substantially in the same manner as provided in the preceding sentencePayments to Landlord.

Tax Payments. (a) If the Tax Factor for any Tax Year exceeds the Base Tax Factor, Tenant shall pay to Landlord, as Additional Rent during each Tax Year, an amount (“Tenant’s Tax Payment”) equal to (i) Tenant’s Area, multiplied by (ii) the amount by which the Tax Factor for such Tax Year exceeds the Base Tax Factor. Landlord shall furnish to Tenant a Landlord’s Statement setting forth Landlord’s computation of TenantXxxxxx’s Tax Payment for such Tax Year. Tenant shall pay to Landlord on June 1 and December 1 of each calendar year (or on such other dates as shall be thirty (30) days prior to each date that an installment of Taxes becomes due) an amount equal to 1/2 (or such portion of Taxes which may be due on such date) of Tenant’s Tax Payment for such Tax Year. Landlord may, at any time, furnish to Tenant a revised Landlord’s Statement of Landlord’s computation of Tenant’s Tax Payment for a particular Tax Year, and in such case, (A) if such Landlord’s Statement shall show that the sums theretofore paid by Tenant were less than the sums which should have been paid on account of Tenant’s Tax Payment for such Tax Year, Tenant shall pay to Landlord the amount of such deficiency in Tenant’s Tax Payment within ten (10) Business Days after such Landlord’s Statement is furnished to Tenant, or (B) if such Landlord’s Statement shall show that the sums so paid by Tenant were more than the sums that should have been paid on account of TenantXxxxxx’s Tax Payment for such Tax Year, Landlord shall credit such overpayment in Tenant’s Tax Payment against subsequent installments of Rent payable by Tenant or, if at the end of the Term, promptly refund such amount to Tenant. If there shall be any increase in the Taxes for any Tax Year, whether during or after such Tax Year, or if there shall be any decrease in the Taxes for any Tax Year, Landlord shall notify Tenant thereof and Tenant’s Tax Payment for such Tax Year shall be appropriately adjusted and any deficiencies paid or overpayments credited, as the case may be, substantially in the same manner as provided in the preceding sentence.

Tax Payments. (a) If the Tax Factor Taxes for any Tax Year exceeds exceed the Base Tax FactorTaxes, Tenant shall pay to Landlord, as Additional Rent during each with respect to such Tax Year, an amount (“Tenant’s Tax Payment”) equal to (i) Tenant’s Area, multiplied by (ii) Proportionate Share of the amount by which the Tax Factor Taxes for such Tax Year exceeds exceed the Base Tax FactorTaxes. Landlord shall furnish to Tenant Tenant, prior to the commencement of each Tax Year, a Landlord’s Statement setting forth Landlord’s computation estimate of Tenant’s Tax Payment for such Tax Year. Tenant shall pay to Landlord on the first day of the June 1 preceding such Tax Year and the first day of December 1 of such Tax Year (each calendar year (or on a “Payment Date”) of such other dates as shall be thirty (30) days prior to each date that an installment of Taxes becomes due) Tax Year, an amount equal to 1/2 one-half (or such portion 2) of Taxes which may be due on such date) Landlord’s estimate of Tenant’s Tax Payment for such Tax Year. If Landlord shall not furnish any such estimate for a Tax Year or if Landlord shall furnish any such estimate for a Tax Year subsequent to the commencement thereof, then (x) until the first Payment Date following the date on which such estimate is furnished to Tenant, Tenant shall pay to Landlord on each Payment Date, an amount equal to the amount due from Tenant on the immediately preceding Payment Date; (y) after such estimate is furnished to Tenant, if any Tenant’s Tax Payment previously made was greater or less than the Tenant’s Tax Payment to be made in accordance with such estimate, then (1) if there is a deficiency, Tenant shall pay the amount thereof to Landlord within ten (10) Business Days after such estimate is furnished to Tenant, or (2) if there is an overpayment, Landlord shall credit such overpayment against subsequent installments of Rent, unless the Term has expired, in which event Landlord shall refund such overpayment to Tenant within thirty (30) days after the issuance of such estimate, provided that if Tenant is in default under this Lease and there are amounts due and payable to Landlord hereunder, then Landlord shall refund such overpayment to Tenant to the extent in excess of any amounts claimed to be in default hereunder within such thirty (30) day period and once all defaults under this Lease are cured and there are no amounts due and payable to Landlord hereunder, Landlord shall refund any remaining portion of such overpayment to Tenant within thirty (30) days; and (z) on the first Payment Date following the date on which such estimate is furnished to Tenant, Tenant shall make the Tenant’s Tax Payment in accordance with the terms set forth above. Landlord may, at any timeduring each Tax Year, furnish to Tenant a revised Landlord’s Statement of Landlord’s computation good faith estimate of Tenant’s Tax Payment for a particular such Tax Year, and in such case, Tenant’s Tax Payment for such Tax Year shall be adjusted and any deficiencies paid or overpayments credited, as the case may be, substantially in the same manner as provided in the preceding sentence. After the end of each Tax Year, Landlord shall furnish to Tenant a Landlord’s Statement of Taxes for such Tax Year, and (A) if such Landlord’s Statement shall show that the sums theretofore so paid by Tenant were less than the sums which should have been paid on account of Tenant’s Tax Payment for such Tax Year, Tenant shall pay to Landlord the amount of such deficiency in Tenant’s Tax Payment within ten (10) Business Days after such Landlord’s Statement is furnished to Tenant, or (B) if such Landlord’s Statement shall show that the sums so paid by Tenant were more than the sums that should have been paid on account of Tenant’s Tax Payment for such Tax Year, Landlord shall credit such overpayment in Tenant’s Tax Payment against subsequent installments of Rent payable by Tenant orTenant, if at unless the end of the TermTerm has expired, promptly in which event Landlord shall refund such amount overpayment to TenantTenant within thirty (30) days after the issuance of such Landlord’s Statement, provided that if Tenant is in default under this Lease and there are amounts due and payable to Landlord hereunder, then Landlord shall refund such overpayment to Tenant to the extent in excess of any amounts claimed to be in default hereunder within such thirty (30) day period and once all defaults under this Lease are cured and there are no amounts due and payable to Landlord hereunder, Landlord shall refund any remaining portion of such overpayment to Tenant within thirty (30) days. If there shall be any increase increases in the Taxes for any Tax Year, whether during or after such Tax Year, or if there shall be any decrease in the Taxes for any Tax Year, Landlord shall notify Tenant thereof and whether during or after such Tax Year, Tenant’s Tax Payment for such Tax Year shall be appropriately adjusted and any deficiencies paid or overpayments credited, as the case may be, substantially in the same manner as provided in the preceding sentence. If the Base Taxes are reduced at any time during the Term as a result of a reassessment or otherwise, then Tenant shall pay to Landlord, within ten (10) days of Tenant’s receipt of written notice from Landlord of such reduction, an amount equal to the difference between (a) the amount of all of Tenant’s Tax Payments that would theretofore have been payable had the reduced amount of Base Taxes been used in calculating such Tenant’s Tax Payment and (b) all of Tenant’s Tax Payments theretofore actually made by Tenant. In the event that during the Term the City of New York changes the dates upon which Taxes are due, the Payment Dates shall be such dates upon which real estate taxes are payable to the City of New York. If, during the Term, Landlord shall elect to collect Tenant’s Tax Payments, in full or in quarterly or bi-annual or other installments on any other date or dates than as presently required (but not more frequently than monthly), then following Landlord’s notice to Tenant, Tenant’s Tax Payments shall be correspondingly revised.

Tax Payments. Payment of Tenant's Pro Rata Share of the real estate taxes allocated to the Building and Lot shall be paid, as Additional Rent, monthly, and at the times and in the fashion herein provided for the payment of Annual Rent. For an initial period from the Commencement Date until the end of the first full tax year in which the Building and/or Lot containing the Premises shall be assessed as a completed improvement, as distinguished from inprocess construction (a) If "the Tax Factor full assessment year"), the amount so to be paid shall be the initial monthly payment reasonably fixed by Landlord on or about the Commencement Date. Promptly after the determination by any taxing authority of real estate taxes upon the Building and Lot for any Tax Year exceeds each tax year, Landlord shall make a determination of the Base Tax FactorTenant's Pro Rata Share of the real estate taxes and if the aforesaid payments theretofore made for such tax year by Tenant exceed Xxxxxx's Pro Rata Share of the real estate taxes such overpayment shall be credited against the payments thereafter to be made by Tenant pursuant to this paragraph; and if the real estate taxes for such tax year are greater than such payments theretofore made on account for such tax year, Tenant shall pay to Landlord, as Additional Rent during each Tax Year, an amount (“Tenant’s Tax Payment”) equal to (i) Tenant’s Area, multiplied by (ii) the amount by which the Tax Factor for such Tax Year exceeds the Base Tax Factor. Landlord shall furnish to Tenant a Landlord’s Statement setting forth Landlord’s computation of Tenant’s Tax Payment for such Tax Year. Tenant shall pay deficiency to Landlord on June 1 and December 1 of each calendar year (or on such other dates as shall be thirty (30) days prior to each date that an installment of Taxes becomes due) an amount equal to 1/2 (or such portion of Taxes which may be due on such date) of Tenant’s Tax Payment for such Tax Year. Landlord may, at any time, furnish to Tenant a revised Landlord’s Statement of Landlord’s computation of Tenant’s Tax Payment for a particular Tax Year, and in such case, (A) if such Landlord’s Statement shall show that the sums theretofore paid by Tenant were less than the sums which should have been paid on account of Tenant’s Tax Payment for such Tax Year, Tenant shall pay to Landlord the amount of such deficiency in Tenant’s Tax Payment within ten (10) Business Days after days of demand therefor. Copies of tax bills submitted by Landlord with any such Landlord’s Statement is furnished to Tenantstatement shall be conclusive evidence of the amount of real estate taxes charged, assessed or (B) if such Landlord’s Statement shall show that imposed. After the sums so paid by Tenant were more than full assessment year, the sums that should have been paid initial monthly payment on account of the Tenant’s Tax Payment for such Tax Year, Landlord shall credit such overpayment in Tenant’s Tax Payment against subsequent installments of Rent payable by Tenant or, if at the end 's Pro Rata Share of the Term, promptly refund such amount to Tenant. If there real estate taxes shall be any increase replaced each year by a payment which is one-twelfth (1-12th) of the Tenant's Pro Rata Share of the real estate taxes for the immediately preceding tax year. An equitable adjustment shall be made in the Taxes for event of any Tax Year, whether during or after such Tax Year, or if there shall be any decrease change in the Taxes for method or system of taxation from that which is now applicable, including without limitation any Tax Year, Landlord shall notify Tenant thereof and Tenant’s Tax Payment for such Tax Year shall be appropriately adjusted and any deficiencies paid or overpayments credited, as the case may be, substantially change in the same manner as provided dates and periods for which such taxes were levied. Tenant shall pay all taxes upon its signs and other property in or upon the Premises and Tenant covenants and agrees to pay promptly when due all municipal, county, state and federal taxes assessed against Tenant's leasehold interest and Xxxxxx's fixtures, furnishing, equipment, stock-in-trade, and other personal property of any kind owned, installed or existing in the preceding sentencePremises. For the purpose of this paragraph such taxes shall not be included within real estate taxes upon the Building and Lot.

Tax Payments. (a) If Before or after the start of each Tax Year Landlord shall furnish to Tenant an Escalation Statement setting forth Landlord's estimate of the Tax Factor Payment with respect to such Tax Year. Real Estate Taxes are currently due on January 1 (Town Tax) and September 1 (School Tax) of each Tax Year. In order to provide for any tax escalation payments on account of and to be applied towards the Tax Year exceeds the Base Tax FactorPayment required to be made to Landlord pursuant to Section 16.02 hereof, Tenant shall pay make payments on account of the Tax Payments, in accordance with such Escalation Statement, for each Tax year in twelve monthly installments beginning six months prior to Landlordsuch Tax Year each in an amount equal to one-twelfth of the Tax Payment provided, however, the installments to be paid for the months of December preceding each Tax Year and August of each Tax Year shall be adjusted to reflect the Real Estate Taxes payable by Landlord as Additional Rent during of January 1 and September 1 of such Tax Year. The installment for each calendar month shall be due in advance on the first day of each month. After the expiration of each Tax Year, an amount (“Tenant’s Tax Payment”) equal to (i) Tenant’s Area, multiplied by (ii) the amount by which the Tax Factor for such Tax Year exceeds the Base Tax Factor. Landlord shall furnish to Tenant a Landlord’s Statement setting forth Landlord’s computation of Tenant’s Tax Payment statement with respect to the Real Estate Taxes paid by Landlord for such Tax Year. If the Tax Payment to be made by Tenant pursuant to Section 16.02 hereof shall be greater than (resulting in an underpayment) or less than (resulting in an overpayment) the aggregate of all the installments paid on account to Landlord by Tenant for such Tax Year, then promptly after the receipt of the statement submitted by Landlord after such Tax Year, Tenant shall in the case of underpayment pay to Landlord an amount equal to such underpayment or Landlord shall in the case of an overpayment either (i) pay to Tenant an amount equal to such overpayment, or (ii) credit against the next installments of Additional Rent due from Tenant pursuant to this Article 16 an amount equal to such overpayment. If an Escalation Statement is furnished to Tenant after the commencement of the twelve month period in respect of which such Escalation Statement is rendered, Tenant shall, within fifteen (15) days thereafter pay to Landlord an amount equal to those installments of the Tax Payment payable as provided in this Section 16.03 during the period prior to the first day of the month next succeeding the month in which the applicable statement has been furnished. If during the term of this Lease, Taxes are required to be paid (either to the appropriate taxing authorities or as tax escrow payments to a superior mortgagee) in full or in monthly, quarterly, or other installments, on June 1 and December 1 of each calendar year any other date or dates than as presently required (or on such other dates as additional or substitute impositions, levies or charges constituting Taxes are required to be paid), then at Landlord's option, Tenant's Tax Payments shall be correspondingly accelerated or revised so that said Tenant's Tax Payments are due at least thirty (30) days prior to each the date that an installment payments are due to the taxing authorities or the superior mortgagee. The benefit of any discount for any early payment or prepayment of Taxes becomes due) an amount equal shall accrue solely to 1/2 (or the benefit of Landlord and such portion discount shall not be subtracted from Taxes. If the real estate tax fiscal year of the relevant taxing authorities shall be changed during the term of this Lease, any Taxes which may be due on such date) of Tenant’s Tax Payment for such Tax Year. Landlord mayfiscal year, at any time, furnish to Tenant a revised Landlord’s Statement part of Landlord’s computation of Tenant’s Tax Payment for which is included within a particular Tax YearYear and a part of which is not so included, and shall be apportioned on the basis of the number of days in such case, (A) if such Landlord’s Statement shall show that the sums theretofore paid by Tenant were less than the sums which should have been paid on account of Tenant’s Tax Payment for such Tax Year, Tenant shall pay to Landlord the amount of such deficiency in Tenant’s Tax Payment within ten (10) Business Days after such Landlord’s Statement is furnished to Tenant, or (B) if such Landlord’s Statement shall show that the sums so paid by Tenant were more than the sums that should have been paid on account of Tenant’s Tax Payment for such Tax Year, Landlord shall credit such overpayment in Tenant’s Tax Payment against subsequent installments of Rent payable by Tenant or, if at the end of the Term, promptly refund such amount to Tenant. If there shall be any increase fiscal year included in the Taxes for any Tax Year, whether during or after such Tax Year, or if there shall be any decrease in the Taxes for any Tax Year, Landlord shall notify Tenant thereof and Tenant’s Tax Payment for such particular Tax Year shall be appropriately adjusted and any deficiencies paid or overpayments credited, as for the case may be, substantially in purpose of making the same manner as provided in the preceding sentencecomputations under this Section 16.03.

Tax Payments. (a) If The Bank and its Subsidiaries shall compute their income Taxes for the 2008 taxable year and the short 2009 taxable year ending on the Closing Date as though the Bank and its Subsidiaries filed separate returns from Seller for such taxable years. To the extent such calculations result in a positive cumulative income Tax Factor liability for any Tax Year exceeds either such taxable year, the Base Tax Factor, Tenant Bank shall pay to Landlord, as Additional Rent during each Tax Year, an Seller the full amount (“Tenant’s Tax Payment”) equal to (i) Tenant’s Area, multiplied by (ii) the amount by which the Tax Factor for of such Tax Year exceeds liability 15 days before the Base applicable Tax Factorpayment is due to be made by Seller to a Taxing Authority. Landlord shall furnish To the extent that the separate return taxable income of the Bank and its Subsidiaries for any such taxable year is negative and generates a income Tax Benefit to Tenant Seller and Seller’s other Subsidiaries either as a Landlord’s Statement setting forth Landlord’s computation result of Tenant’s Tax Payment for being able to offset such Tax Year. Tenant loss against taxable income of Seller and its other Subsidiaries or as a result of being able to carry back such loss against prior years’ taxable income, Seller shall pay to Landlord on June 1 and December 1 of each calendar year (or on such other dates as shall be thirty (30) days prior to each date that an installment of Taxes becomes due) an amount equal to 1/2 (or such portion of Taxes which may be due on such date) of Tenant’s Tax Payment for such Tax Year. Landlord may, at any time, furnish to Tenant a revised Landlord’s Statement of Landlord’s computation of Tenant’s Tax Payment for a particular Tax Year, and in such case, (A) if such Landlord’s Statement shall show that the sums theretofore paid by Tenant were less than the sums which should have been paid on account of Tenant’s Tax Payment for such Tax Year, Tenant shall pay to Landlord Bank the amount of such deficiency in Tenant’s Tax Payment within ten (10) Business Days after such Landlord’s Statement is furnished to Tenant, or (B) Benefit when and if such Landlord’s Statement shall show that the sums so paid realized by Tenant were more than the sums that should have been paid on account of Tenant’s Tax Payment for such Tax Year, Landlord shall credit such overpayment in Tenant’s Tax Payment against subsequent installments of Rent payable by Tenant Seller or, if sooner, within 15 days after the applicable Tax Return would be due if and to the extent the Bank and its Subsidiaries would be entitled to a refund of income Tax if they had filed a separate income Tax Return historically; provided, however, that in the case of the short 2009 taxable year any gain recognized for federal income tax purposes by Seller on the sale of the Shares hereunder shall first be taken into account to offset on a dollar-for-dollar basis any negative taxable income of the Bank and its Subsidiaries, and only the net amount, if any, remaining after such offset shall be taken into account for purposes of calculating any loss or Tax Benefit for the short 2009 taxable year under this Section 5.5(d). To the extent Seller cannot currently use all of its available losses, for purposes of the preceding sentence, Seller will use a pro-rata portion of each category of losses, including the losses from the Bank and its Subsidiaries, with the remainder being carried back and then forward, as may be applicable. In the event of any adjustment to the Tax Return for the 2008 taxable year or the short 2009 taxable year ending on the Closing Date of Seller and its Subsidiaries as filed (by reason of amended return, claim for refund, or an audit), the liability of the parties under this paragraph (d) shall be re-determined to give effect to any such adjustment (including any interest owed thereon) as if it had been made as part of the original computation of Tax liability and payments between the parties shall be made at the end of the Termapproximate time such payments are made or refunds are received. “Tax Benefit” means, promptly refund such amount to Tenant. If there shall be any increase in the Taxes for any Tax Yearyear, whether during or after such Tax Yearthe positive difference, or if there shall be any decrease in any, between (i) Taxes that would have been payable by the Taxes for any Tax Year, Landlord shall notify Tenant thereof and Tenant’s Tax Payment relevant party for such Tax Year shall be appropriately adjusted year without taking into account any such adjustment and any deficiencies paid or overpayments credited, as (ii) Taxes actually payable by the case may be, substantially in the same manner as provided in the preceding sentenceparty for such year.