Tax Rent. A. Tenant shall pay to Landlord, as Additional Rent, Tax Rent in an amount equal to the product obtained by multiplying Taxes by a fraction, the numerator of which shall be the Floor Space of the Premises excluding Storage Space, if any, and the denominator of which shall be the portion of the aggregate leased and occupied Floor Space in the Shopping Center which is included in the assessment which constitutes the basis for the Taxes, but excluding Storage Space, if any, buildings or areas occupied by Department Stores and Specialty Stores, stores not fronting on the enclosed mall, and temporary kiosks; provided, however, that Tenant's Tax Rent for any year shall not exceed the amount which would otherwise be payable by Tenant hereunder if the denominator of said fraction were [***] percent of the Gross Leaseable Area of that portion of the Shopping Center included in the assessment, exclusive of Department Stores, Specialty Stores, stores not fronting on the enclosed mall, and temporary kiosks. Tax Rent shall be payable at least [***] days prior to the due date of any Taxes or installment thereof; however, Landlord may, if it so elects, collect Tax Rent from Tenant on a monthly basis, in which event Tenant shall pay, with each monthly installment of Fixed Rent, one-twelfth (1/12) of the annual amount estimated by Landlord to be due hereunder. In the event Taxes for the then current tax year are not known, monthly installments shall be based on the preceding tax year with immediate adjustment as soon as current taxes become known. If at the time any Taxes or installments are required to be paid, the amount of Tenant's previously made monthly payments is insufficient to pay Tenant's share, Tenant shall pay such deficiency within [***] days after demand therefor. In the event of any excess, it shall be credited and applied to future Tax Rent payments, except that any excess in the last year of the Term shall be refunded at the end of the Term.
B. Should the taxing authority include in Taxes as a separately stated item the value of any improvements made by or for the benefit of Tenant, or include machinery, equipment, fixtures, inventory or other personal property or assets used by Tenant in the Premises, then Tenant shall pay the entire tax attributable to such items.
C. Nothing herein contained shall be construed to include as a tax which shall be the basis of Tax Rent, any inheritance, estate, succession, transfer, gift, franchise, corporation, income or p...
Tax Rent. Tenant shall pay to Landlord, as “Tax Rent”, Xxxxxx’s Pro Rata Share specified in Section 1.2 of the amount of taxes, assessments, sales or use taxes imposed with respect to rent, sewer entrance fees, and other public charges (together called “Taxes”), levied, assessed, or imposed at any time by any governmental authority upon or against the Building and Lot and personalty or taxes in lieu thereof in any Lease Year or Partial Lease Year. Taxes shall not include franchises, estate, inheritance, succession, transfer, income or excess profits taxes assessed on Landlord. Tenant shall pay all real and personal property taxes attributable to its signs or personal property and all of any increase in Taxes on the Building and Lot which shall result from alteration, addition or improvement which Tenant shall make to the Premises.
Tax Rent. In addition to the Fixed Rent, Tenant shall pay, prior to delinquency, all Real Property Taxes (sometimes referred to herein as Tax Rent). "Real Property Taxes" shall mean real and personal property taxes, LID's, assessments, and other governmental impositions and charges of every kind and nature, now or hereafter imposed, including surcharges with respect thereto, which may during the Term of this Lease be levied, assessed, imposed, or otherwise become due and payable with respect to the Building, including tenant improvements and the Building Parcel and all improvements, fixtures, and equipment thereon, or the use, occupancy or possession thereof; taxes on property of Tenant; and any taxes levied or assessed in addition to, in lieu of, or as a substitute for, in whole or part, taxes now levied or assessed or any other tax upon owning, leasing or rents receivable by Landlord from the Building, but not including any federal or state income tax imposed on Landlord.
Tax Rent. The term "Taxes" shall mean the aggregate of the real-estate taxes, assessments and other governmental charges and levies, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind or nature whatsoever (including without limitation assessments for public improvements or benefits and interest on unpaid installments thereof) which may be levied, assessed or imposed or become liens upon or arise out of the use, occupancy or possession of the land, buildings, leasehold improvements, betterment's, and other permanent improvements within or to the Lessor's property from time to time. The term "Taxes" shall not, however, include inheritance, estate, succession, transfer, gift, franchise, corporation income or profit tax imposed upon Lessor. However, if at any time during the Lease Term the methods of taxation prevailing at the commencement of the Lease Term shall be altered so that in addition to or in lieu of or as a substitute for the whole or any part of the Taxes now levied, assessed or imposed on real-estate as such there shall be levied, assessed or imposed: (i) a tax on the rents received; or (ii) a license fee measured by the rents receivable by Lessor; or (iii) a tax or license imposed upon Lessor which is otherwise measured by or based in whole or in part upon the real-estate, then the same shall also be within the definition of the term "Taxes" above. Lessor covenants that it will pay, when due, all Taxes, imposed on the tax lot wherein the Demised Premises are situated. Lessee shall pay to Lessor an amount equal to Lessee's proportionate share of such Taxes ("Tax Rent") which shall be determined by a fraction, the numerator of which shall be the Total Leased Area of the Demised Premises, and the denominator of which shall be the Total Area with the Building or Project wherein the Demised Premises are situated, subject to the method by which taxes are calculated. Such amount shall be fairly and equitably prorated for any partial lease year during the Lease Term.
Tax Rent. 7 5. Operating Expense Rent ........................................................ 9
Tax Rent. Tenant shall pay Tax Rent as provided in Article 7.
Tax Rent. Tenant's Pro Rata Share of Taxes. Landlord estimates, without any representation or warranty but in good faith based on Landlord's experience with the Shopping Center, that Tenant's Pro Rata Share of Taxes for the first Lease Year will be approximately $1.04 per square foot. (See Section 17.2).
Tax Rent. 7 8 Common Areas and Common Area Maintenance ...........................8 9
Tax Rent. 4.1 For the purposes of this Article 4 and this Lease, the following words and phrases shall have the meaning indicated: (a) "Property Taxes" mean all costs and expenses incurred by Landlord for real and personal property taxes, leasehold taxes in lieu thereof, and any assessments upon the Building and the Common Areas and all or any improvements therein, together with the land upon which they are located (as set out on Exhibit "B" hereto), and taxes or assessments levied in lieu thereof, or in addition thereto, imposed by a governmental authority or agency; and any taxes resulting from a reassessment resulting from the determination by a court that any law, regulation, statute, or constitutional provision purporting to limit tax increases is invalid, either in whole or in part; and any non- progressive tax on or measured with respect to or by gross rentals received from the rental of space in the Building; and including any expenses of Landlord in contesting any of the foregoing or the assessed valuation of the Building, the Common Areas and/or the land thereunder; but excluding any net income, franchise, capital stock, estate, gift or inheritance taxes. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to pay any portion of any tax or assessment expense in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest possible term; or imposed on land and improvements other than the Building and Common Area. (b) "Tax Base" means Property Taxes for the calendar year 1997. (c) "Tenant Tax Share" means 9.075% (d) "Comparison Year" means each successive calendar year of the Term after the calendar year 1997.
Tax Rent. Tenant shall pay to Landlord, as Tax Rent, Tenant's Pro Rata Share of the amount by which taxes, assessments, sales or use taxes imposed with respect to rent, sewer entrance fees, and other public charges (together called "Taxes"), levied, assessed, or imposed at any time by any Governmental authority upon or against the Center including the buildings therein, the associated land and personalty or taxes in lieu thereof in any lease year or partial lease year during the Term exceed Taxes for the period from July 1, 1997 to June 30, 1998; provided, however, that Taxes shall not include franchises, estate, inheritance, succession, transfer, income or excess profits taxes assessed on Landlord. Notwithstanding the foregoing, Tenant shall pay all real and personal property taxes attributable to its signs or personal property and all of any increase in Taxes on the Center which shall result from alteration, addition or improvement which Tenant shall make to the Leased Premises.
