Common use of TAXES A Clause in Contracts

TAXES A. As Additional Rent and in accordance with paragraph 4D of this Lease, Tenant shall pay to Landlord Tenant’s Proportionate Share of all Real Property Taxes. The term “Real Property Taxes”, as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership of the Complex) now or hereafter imposed by any government or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of, all or any portion of the Complex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Complex owned by Landlord; the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the Complex; or parking areas, public utilities, or energy within the Complex; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Complex; and (iii) all costs and fees (including reasonable attorney’s fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax but not in excess of the extent of the savings from the contest. If at any time during the term of this Lease the taxation or assessment of the Complex prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Complex or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Complex, on Landlord’s business of leasing the Complex, or computed in any manner with respect to the operation of the Complex, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Complex, then only that part of such Real Property Tax that is fairly allocable to the Complex shall be included within the meaning of the term “Real Property Taxes”. Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift, transfer or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 2 contracts

Samples: Lease Agreement (Coupa Software Inc), Lease Agreement (Coupa Software Inc)

AutoNDA by SimpleDocs

TAXES A. As Additional Rent and in accordance with paragraph Paragraph 4D of this Lease, Tenant shall pay to Landlord Tenant’s Proportionate Share 's proportionate share of all Real Property Taxes, which prorata share shall be allocated to the leased Premises by square footage or other equitable basis, as calculated by Landlord. The term "Real Property Taxes", as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership of the Complex) now or hereafter imposed by any government governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of, all or any portion of the Complex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein; any improvements located within the Complex owned by Landlord(regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the Complex; or parking areas, public utilities, or energy within the Complex; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Complex; and (iii) all costs and fees (including reasonable attorney’s attorneys' fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax but not Tax. In the event said contesting results in excess a refund of Real Property Taxes, Tenant shall be credited with the extent appropriate proportionate share of the savings from the contestsaid refund reflecting Tenant's period of occupancy. If at any time during the term of this Lease the taxation or assessment of the Complex prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Complex or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Complex, on Landlord’s 's business of leasing the Complex, or computed in any manner with respect to the operation of the Complex, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Complex, then only that part of such Real Property Tax that is fairly allocable to the Complex shall be included within the meaning of the term "Real Property Taxes". Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, gift, transfer gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 2 contracts

Samples: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)

TAXES A. As Additional Rent and in accordance with paragraph Paragraph 4D of this Lease, Tenant shall pay to Landlord, or if Landlord Tenant’s Proportionate Share of so directs, directly to the Tax Collector, all Real Property TaxesTaxes relating to the Premises. In the event the Premises leased hereunder consist of only a portion of the entire tax parcel, Tenant shall pay to Landlord Tenant's proportionate share of such real estate taxes allocated to the leased Premises by square footage or other reasonable basis as calculated and determined by Landlord. If the tax billing pertains 100% to the leased Premises, and Landlord chooses to have Tenant pay said real estate taxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain the tax and assessment bills and pay, prior to delinquency, the applicable real property taxes and assessments pertaining to the leased Premises, and failure to receive a xxxx for taxes and/or assessments shall not provide a basis for cancellation of or nonresponsibility for payment of penalties for nonpayment or late payment by Tenant. The term "Real Property Taxes", as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership of the ComplexPremises) now or hereafter imposed by any government governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of, all or any portion of the Complex Premises (as now constructed or as may at any time hereafter be constructed, altered, altered or otherwise changed) or Landlord’s 's interest therein; any improvements located within the Complex owned by LandlordPremises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the ComplexPremises; or parking areas, public utilities, or energy within the ComplexPremises; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the ComplexPremises; and (iii) all costs and fees (including reasonable attorney’s attorneys' fees) incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax but not in excess of the extent of the savings from the contestTax. If at any time during the term of this Lease the taxation or assessment of the Complex Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Complex Premises or Landlord’s 's interest therein or (ii) on or ore measured by the gross receipts, income or rentals from the ComplexPremises, on Landlord’s 's business of leasing the ComplexPremises, or computed in any manner with respect to the operation of the ComplexPremises, then any such tax or charge, however designated, designated shall be included within the meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ComplexPremises, then only that part of such Real Property Tax that is fairly allocable to the Complex Premises shall be included within the meaning of the term "Real Property Taxes". Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, gift, transfer gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Cacheflow Inc)

TAXES A. As Additional Rent and in accordance with paragraph 4D of this Lease, Tenant shall pay to Landlord Tenant’s Proportionate Share of all Real Property TaxesTaxes allocated to the leases Premises. The term "Real Property Taxes", as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership of the ComplexPremises) now or hereafter imposed by any government or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of, all or any portion of the Complex Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein; any improvements located within the Complex owned by LandlordPremises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the ComplexPremises; or parking areas, public utilities, or energy within the ComplexPremises; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the ComplexPremises; and (iii) all costs and fees (including reasonable attorney’s 's fees) incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax but not in excess of the extent of the savings from the contestTax. If at any time during the term of this Lease the taxation or assessment of the Complex Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Complex Premises or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the ComplexPremises, on Landlord’s 's business of leasing the ComplexPremises, or computed in any manner with respect to the operation of the ComplexPremises, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ComplexPremises, then only that part of such Real Property Tax that is fairly allocable to the Complex Premises shall be included within the meaning of the term "Real Property Taxes". Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, gift, transfer gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Broadbase Software Inc)

AutoNDA by SimpleDocs

TAXES A. As Additional Rent and in accordance with paragraph Paragraph 4D of this Lease, Tenant shall pay to Landlord, or if Landlord so directs, directly to the Tax Collector, All Real Property Taxes relating to the Premises leased hereunder consist of only a portion of the entire tax parcel, Tenant shall pay to Landlord Tenant’s Proportionate Share 's proportionate share of all such real estate taxes allocated to the leased Premises by square footage or other reasonable basis as calculated and determined by Landlord. If the tax billing pertains 100% to the leased Premises, and Landlord chooses to have Tenant pay said real estate taxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain the tax and assessment bills and pay, prior to delinquency, the applicable real property taxes and assessments pertaining to the leased Premises, and failure to receive a bill xxx taxes and/or assessments shall not provide a basis for cancellation of or nonresponsibility for payment of penalties for nonpayment or late payment by Tenant. The term "Real Property Taxes. The term “Real Property Taxes”", as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership of the ComplexPremises) now or hereafter imposed by any government governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of, all or any portion of the Complex Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein; any improvements located within the Complex owned by LandlordPremises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the ComplexPremises; or parking areas, public utilities, or energy within the ComplexPremises; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the ComplexPremises; and (iii) all costs and fees (including reasonable attorney’s attorneys' fees) incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax but not in excess of the extent of the savings from the contestTax. If at any time during the term of this Lease the taxation or assessment of the Complex Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Complex Premises or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the ComplexPremises, on Landlord’s 's business of leasing the ComplexPremises, or computed in any manner with respect to the operation of the ComplexPremises, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ComplexPremises, then only that part of such Real Property Tax that is fairly allocable to the Complex Premises shall be included within the meaning of the term "Real Property Taxes". Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, gift, transfer gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 1 contract

Samples: Lease Agreement (First Virtual Corp)

TAXES A. As Additional Rent and in accordance with paragraph Paragraph 4D of this Lease, Tenant shall pay to Landlord, or if Landlord Tenant’s Proportionate Share of so directs, directly to the Tax Collector, all Real Property TaxesTaxes relating to the Premises. In the event the Premises leased hereunder consist of only a portion of the entire tax parcel, Tenant shall pay to Landlord Tenant's proportionate share of such real estate taxes allocated to the leased Premises by square footage or other reasonable basis as calculated and determined by Landlord. If the tax billing pertains 100% to the leased Premises, and Landlord chooses to have Tenant pay said real estate taxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain the tax and assessment bills and pay, prior to delinquency, the applicable real property taxes and assessments pertaining to the leased Premises, and failure to receive a xxxx for taxes and/or assessments shall not provide a basis for cancellation of or nonresponsibility for payment of penalties for nonpayment or late payment by Tenant. The term "Real Property Taxes", as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership of the ComplexPremises) now or hereafter imposed by any government governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy or use of, all or or, any portion of the Complex Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein; any improvements located within the Complex owned by LandlordPremises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the ComplexPremises; or parking areas, public utilities, or energy within the ComplexPremises; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the ComplexPremises; and (iii) all costs and fees (including reasonable attorney’s attorneys' fees) incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax but not in excess of the extent of the savings from the contestTax. If at any time during the term of this Lease the taxation or assessment of the Complex Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Complex Premises or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the ComplexPremises, on Landlord’s 's business of leasing the ComplexPremises, or computed in any manner with respect to the operation of the ComplexPremises, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the ComplexPremises, then only that part of such Real Property Tax that is fairly allocable to the Complex Premises shall be included within the meaning of the term "Real Property Taxes". Notwithstanding the foregoing, the term "Real Property Taxes" shall not include estate, inheritance, gift, transfer gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Somnus Medical Technologies Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!