Taxes and Utilities. It is the intent of the Landlord and Tenant that the Base Rent set forth in Section 3, be net to the Landlord (except for Landlord's debt service) and that beginning on the Commencement Date and continuing during the Lease term, all costs associated with taxes, utilities, operation and maintenance of the premises be the sole responsibility of the Tenant except for Landlord's obligations as set forth in Section 10(a) hereof as follows: (a) Tenant shall pay all real estate and personal property taxes and other municipal charges and assessments levied against the Demised Premises. Landlord shall make a good faith estimate of real estate taxes to be assessed against and equitably allocated to the Demised Premises and shall xxxx the same to Tenant on a monthly basis and Tenant shall pay said taxes in the same manner that the Base Rent is paid as set forth in Section 3 hereof. Upon receipt of the actual tax xxxx from the Town of Williston, the Landlord will adjust the Tenant's monthly tax payment to conform to the actual tax assessed against and equitably allocated to the Demised Premises for each tax year during the initial term and any extension thereof. It is agreed that all such amounts shall be paid by Tenant to Landlord, who shall be responsible for and shall pay the tax bills to the Town of Williston on the real estate of which the Demised Premises are a part, when and as such bills are due. Tenant or its designee shall have the right to contest and review all such taxes by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Tenant or its designee shall conduct promptly at its own cost and expense, and free of any expense to Landlord and, if necessary, in the name of and with the cooperation of Landlord and Landlord shall execute all documents necessary to accomplish the foregoing). Landlord agrees that if there shall be any refunds or rebates on account of the taxes paid by Tenant under the provisions of this section, such refund or rebate shall belong to Tenant. (b) Tenant shall pay the cost of all insurance to be furnished by Tenant or Landlord pursuant to Sections (a), (b) and (c) of Section 7 hereof; (c) Tenant shall pay all costs of utility services including without limitation charges for electricity, gas, telephone, cable television and water and sewer service metered to the Demised Premises; (d) Tenant shall pay for proper lawn care and snow removal.
Appears in 1 contract
Samples: Lease Agreement (Enote Com Inc)
Taxes and Utilities. It is LESSOR shall be liable for all taxes caused by the intent Leased Property, the Lease Contract or any combination of both, with the exception of the Landlord Value Added Tax and Tenant that the Base Rent set forth in Section 3Property Tax, be net to the Landlord (except for Landlord's debt service) and that beginning on the Commencement Date and continuing during the Lease term, all costs associated with taxes, utilities, operation and maintenance of the premises be the sole responsibility of the Tenant except for Landlord's obligations as set forth in Section 10(a) hereof as follows:
(a) Tenant shall pay all real estate and personal property taxes and other municipal charges and assessments levied against the Demised Premises. Landlord shall make a good faith estimate of real estate taxes to be assessed against and equitably allocated to the Demised Premises and shall xxxx the same to Tenant on a monthly basis and Tenant shall pay said taxes in the same manner that the Base Rent is paid as set forth in Section 3 hereof. Upon receipt of the actual tax xxxx from the Town of Williston, the Landlord will adjust the Tenant's monthly tax payment to conform to the actual tax assessed against and equitably allocated to the Demised Premises for each tax year during the initial term and any extension thereof. It is agreed that all such amounts which shall be paid by Tenant the LESSEE. LESSOR represents that on Beneficial Occupancy all necessary utilities for the use of the Leased Property provided for in Clause Fourth hereof, will be available on the Leased Property (i.e. electric service of 750 KVA's, gas, 2 telephone lines, water in a capacity of 0.5 liters per second and sewer through pipes of 8 (eight) ). Additionally within a period not to Landlordexceed six (6) weeks, who the Leased Property will have the availability of 20 digital telephone lines, at LESSEE's request. If LESSEE requires any additional KVA's, LESSEE will contract with the Comision Federal de Electricidad and pay for such cost. If the Expansion takes place, LESSEE shall be responsible for and shall to pay the tax bills "Cuota de Cooperacion" to the Town of Williston Comision Federal de Electricidad for the additional 750 KVA's. LESSOR also represents that upon Final Occupancy, natural gas will be available on the real estate Leased Property. LESSOR represents that all the user's fees ("derecho de fuente" and "cuota de cooperacion") have been paid in full by LESSOR. The LESSEE shall be responsible of which all utility consumption expenses. LESSEE shall also directly contract and pay for the Demised Premises are a part, when and as such bills are due. Tenant or its designee shall have hook-up cost of the right to contest and review all such taxes by legal proceedings, or in such other manner as utilities that it may deem suitable (which, if instituted, Tenant require. LESSOR agrees to transfer the existing utility contracts to LESSEE at LESSEE's expenses. LESSEE or its designee shall conduct promptly at its own cost and expense, and free of any expense to Landlord and, if necessary, LESSOR may bring appropriate proceedings in the name of and with the cooperation LESSOR, the LESSEE or both for contesting the validity of Landlord and Landlord shall execute all documents necessary to accomplish any assessment on the foregoing). Landlord agrees that if there shall be any refunds Leased Property or rebates on account amount of the taxes paid by Tenant under imposed thereon, or to recover payment therefor. Each party shall cooperate with the provisions other with respect to the proceedings so far, as is reasonably necessary. The net amount of this sectionany taxes recovered, such refund or rebate shall belong to Tenant.
(b) Tenant shall pay after the cost payment of all insurance to be furnished by Tenant or Landlord pursuant to Sections (a)expenses in connection therewith, (b) and (c) of Section 7 hereof;
(c) Tenant shall pay all costs of utility services including without limitation charges for electricity, gas, telephone, cable television and water and sewer service metered revert to the Demised Premises;
(d) Tenant party incurring the expense. NINTH -- MAINTENANCE AND ENVIRONMENTAL PROVISIONS: Responsibility for maintenance, repair and replacement shall pay for proper lawn care and snow removal.be governed by the following stipulations:
Appears in 1 contract
Taxes and Utilities. It is the intent of the Landlord and Tenant that the Base Rent set forth in Section 3, be net to the Landlord (except for Landlord's debt service) and that beginning on the Commencement Date and continuing during the Lease term, all costs associated with taxes, utilities, operation and maintenance of the premises be the sole responsibility of the Tenant except for Landlord's obligations as set forth in Section 10(a) hereof as follows:
(a) Tenant shall pay all real estate taxes, personal property taxes, and utility and maintenance expenses for the Leased Premises. It is intended that this is a net, net, net lease.
(b) Tenant, during the term of this Lease, as additional rent, shall pay and discharge punctually as and when the same shall become due and payable, all taxes (including without limitation all real estate taxes, for the Building and personal property taxes taxes, if any), special and general assessments, water fees, sewer fees, Stormwater fees, and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, except as otherwise provided in this Section (hereinafter referred to as “Taxes”), and each and every installment thereof which shall or may during the term of this Lease be charged, levied, laid, assessed, imposed, become due and payable, or a lien upon, or with respect to, the Leased Premises or any part thereof, and any buildings, appurtenances, or equipment thereon or therein or any part thereof, together with all interest and penalties thereon, under or by virtue of all present or future laws, ordinances, requirements, orders, directives, rules and regulations of the federal, state, county and municipal governments and of all other governmental authorities whatsoever (all of which shall also be included in the term “Taxes” as heretofore defined); and, if not otherwise billed directly to Tenant by the providers, all sewer rents and charges for water, steam, gas, heat, hot water, electricity, light and assessments levied against power, and other service or services furnished to the Demised PremisesLeased Premises during the term of this Lease (hereinafter referred to as “Utility Expenses”). Landlord shall make a good faith estimate of real estate taxes agrees to be assessed against and equitably allocated promptly deliver to Tenant any tax or utility bills relating to the Demised Leased Premises and shall xxxx the same that are delivered to Tenant on a monthly basis Landlord.
(c) Landlord and Tenant shall pay said taxes in use their best efforts to have all Utility Expenses for services provided to the same manner that Leased Premises metered and charged directly to Tenant. In the Base Rent is paid as set forth in Section 3 hereof. Upon receipt event any of the actual tax xxxx from the Town of Williston, the Landlord will adjust the Tenant's monthly tax payment to conform to the actual tax assessed against and equitably allocated to the Demised Premises for each tax year during the initial term and any extension thereof. It is agreed that all such amounts shall be paid by Tenant Utility Expenses are charged to Landlord, who shall be responsible for and shall pay the tax bills to the Town of Williston on the real estate of which the Demised Premises are a part, when and as such bills are due. Tenant or its designee Landlord shall have the right to contest pay such Utility Expenses directly to the service provider and review all collect such taxes by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Tenant or its designee shall conduct promptly at its own cost and expense, and free of any expense to Landlord and, if necessary, in the name of and with the cooperation of Landlord and Landlord shall execute all documents necessary to accomplish the foregoing). Landlord agrees that if there shall be any refunds or rebates on account Utility Expenses for use of the taxes paid by Leased Premises from Tenant under as additional rent, based on reasonable prorations of the provisions of this section, such refund or rebate shall belong to Tenantentire charge.
(b) Tenant shall pay the cost of all insurance to be furnished by Tenant or Landlord pursuant to Sections (a), (b) and (c) of Section 7 hereof;
(c) Tenant shall pay all costs of utility services including without limitation charges for electricity, gas, telephone, cable television and water and sewer service metered to the Demised Premises;
(d) All such Taxes, which shall become payable during each of the calendar or fiscal tax years, as the case may be, in which the term of this Lease commences or terminates, shall be equitably apportioned pro rata between Landlord and Tenant in accordance with the respective portions of such year during which such term shall be in effect.
(e) In the event Tenant fails to pay for proper lawn care Taxes on the Leased Premises within seven (7) days after receipt of written notice from Landlord, then Landlord shall have the right to pay such Taxes owed and snow removalcollect such amounts from Tenant.
Appears in 1 contract
Samples: Ground Lease Agreement
Taxes and Utilities. It is the intent of the Landlord and (1) Tenant that the Base Rent set forth in Section 3shall, be net to the Landlord (except for Landlord's debt service) and that beginning on from the Commencement Date and continuing thereafter, during the Lease termterm of this Lease, as Additional Rent, be liable for and pay and discharge punctually, as and when the same shall become due and payable, all costs associated with taxes, utilitiesspecial and general assessments, operation water rents, rates and maintenance of the premises be the sole responsibility of the Tenant except for Landlord's obligations as set forth in Section 10(a) hereof as follows:
(a) Tenant shall pay all real estate and personal property taxes charges, sewer rents and other municipal governmental impositions and charges of every kind and assessments levied against nature whatsoever, extraordinary as well as ordinary (hereinafter referred to as "Taxes"), and each and every installment thereof which shall or may, from the Demised Premises. Landlord shall make a good faith estimate Commencement Date and thereafter, during the term of real estate taxes to this Lease be assessed against charged, levied, laid, assessed, imposed, become due and equitably allocated payable, or liens upon or for or with respect to the Demised Premises or any part thereof, or any appurtenances or equipment owned by Tenant thereon or therein or any part thereof , together with all interest and penalties thereon, under or by virtue of all present or future laws, ordinances, requirements, orders, directives, rules or regulations of the Federal, State, County and Township Governments and of all other governmental authorities whatsoever (all of which shall xxxx the same also be included in term "Taxes" as heretofore defined). Landlord hereby warrants to Tenant on a monthly basis and Tenant shall pay said taxes in the same manner that the Base Rent is paid as set forth in Section 3 hereof. Upon receipt of the actual tax xxxx from the Town of Willistonthat, the Landlord will adjust the Tenant's monthly tax payment to conform to the actual tax assessed against best of his knowledge, there are no special assessments, any additional easements or special improvement costs for utilities, or any unpaid taxes. All sewer rents and equitably allocated charges, if any, for water, steam, heat, gas, hot water, electricity, light and power, and other service or services, furnished to the Demised Premises for each tax year through meters or connections in the Building serving the Building from the Commencement Date and thereafter, during the initial term and any extension thereof. It is agreed that all such amounts of this Lease (hereinafter referred to as "Utility Expenses").
(2) Any amount due to the Landlord under the provisions of this paragraph shall be paid by within 30 days after the Landlord shall have submitted a statement to the Tenant showing in detail the computation of the amount due to the Landlord. Landlord may at any time deliver to Tenant a written statement, herein referred to as the Landlord's Statement, containing a computation of the Tenant's Percentage of Taxes and Utility Expenses. The failure of Landlord to deliver a Landlords' Statement as provided above, shall not prejudice nor waive the right of Landlord to deliver such statement for any subsequent tax year, nor from including in such statement as Additional Rent Tenant's Percentage of Taxes and Utility Expenses for any year in which no Landlord's Statement was delivered to the Tenant, but for which the Tenant was otherwise obligated to pay such Additional Rent.
(3) Nothing herein or in this Lease otherwise contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, transfer, gift, franchise, income or profit taxes, that are or may be imposed upon Landlord, who shall be responsible for his heirs, executors, administrators or assigns.
B. Landlord covenants and shall pay the tax bills to the Town of Williston on the real estate of which the Demised Premises are a part, when and as such bills are due. Tenant or its designee shall have the right to contest and review all such taxes by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Tenant or its designee shall conduct promptly at its own cost and expense, and free of any expense to Landlord and, if necessary, in the name of and with the cooperation of Landlord and Landlord shall execute all documents necessary to accomplish the foregoing). Landlord agrees that if it there shall be any refunds or rebates on account of the taxes Taxes or Utility Expenses paid by Tenant under the provisions of this sectionLease, Tenant's Percentage of such refund or rebate shall belong to Tenant. Any refunds received by Landlord shall be deemed trust funds and, as such, are to be received by Landlord in trust and Tenant's Percentage thereof paid to Tenant forthwith. Landlord will, upon the request of Tenant, sign any such refund or rebate, and will promptly pay over to Tenant the Tenant's Percentage of such refund or rebate as requested by Landlord plus interest from date of receipt by Landlord until date paid to tenant.
(b) Tenant shall pay the cost of all insurance to be furnished by Tenant or Landlord pursuant to Sections (a), (b) and (c) of Section 7 hereof;
(c) Tenant shall pay all costs of C. Any utility services including without limitation charges for electricitywater, gas, telephoneelectricity, cable television and water and heat, sewer service or other similar services which are connected to or metered to for the Demised Premises;
(d) Premises exclusivly shall be paid solely by Tenant as its expense, and Tenant shall be solely responsible to pay for proper lawn care and snow removalall costs, change deposits incidental to such exclusive utility services.
Appears in 1 contract
Samples: Lease Agreement (Osteotech Inc)
Taxes and Utilities. It is the intent of the Landlord and Tenant that the Base Rent set forth in Section 3, be net to the Landlord (except for Landlord's debt service) and that beginning on the Commencement Date and continuing during the Lease term, all costs associated with taxes, utilities, operation and maintenance of the premises be the sole responsibility of the Tenant except for Landlord's obligations as set forth in Section 10(a) hereof as follows:
(a) A. Tenant shall pay as additional rent all real estate taxes, assessments and charges levied by any governmental authority upon the Leased Premises and personal property taxes and other municipal charges and assessments levied against Tenant’s leasehold improvements, as same may be defined by the Demised City of Stamford, together with all interest and penalties (imposed due to Tenant’s fault) thereon, or upon or against any Annual Basic Rent or additional rent reserved or payable hereunder, or upon or against this Lease or the leasehold estate hereby created, or the gross receipts from the Leased Premises, or the earnings arising from the use thereof, other than (i) franchise, capital stock or similar taxes, if any, of Landlord, or (ii) income, estate, excess profits or other similar taxes upon Landlord’s receipts, and/or the receipts of any of the persons who are members of Landlord, if any (unless the taxes referred to in clauses (i) and (ii) are in lieu of or a substitute for any other tax, assessment or charge upon, or with respect to the Leased Premises which, if such other tax, assessment or charge were in effect, would be payable by Tenant, in which event such taxes shall be computed as though the Leased Premises were the only property of Landlord and/or of each such member and the Annual Basic Rent payable hereunder the only income of Landlord and/or of each such member). Nothing above is intended to require that Landlord and/or any of the persons who are members of Landlord submit any more documentation than is necessary to support the receipts from the Leased Premises. Landlord shall make a good faith estimate of real estate taxes request that the proper governmental authority send all tax assessment and charge bills to be assessed against and equitably allocated paid by Tenant directly to the Demised Premises and Tenant, but, if Landlord receives such a xxxx, it shall xxxx the forward same immediately to Tenant on a monthly basis and Tenant. Tenant shall pay said taxes in taxes, assessments and charges within fifteen (15) days after the same manner becomes due and payable. Tenant shall notify Landlord of such payment when made which notification shall include copies of the bills paid and evidence of payment, so as to afford Landlord the opportunity to verify the payment. Notwithstanding the foregoing, Tenant shall be deemed to have complied with the provisions of this Paragraph if payment of said taxes, assessments and charges shall be made within any grace period allowed by law or by the governmental authority imposing the same, during which payment is permitted without penalty or interest.
B. In the event any governmental authority shall hereafter levy taxes on the Leased Premises which shall be for the purpose of providing services now provided by the municipality and for which municipal real estate taxes are now levied (e.g. education); Tenant shall also pay as additional rent that portion of such taxes which is attributable to such services to the extent the same are in lieu of, or a substitute for, the aforesaid municipal real estate taxes.
C. From and after the commencement of the term Tenant shall pay directly to any municipal authority or to any public service company which shall furnish the same, all the charges for sewage, water, gas, electricity or power consumed at or supplied to the Leased Premises, and, subject to Landlord’s maintenance obligations, warranties and representations, will comply with all public service and/or municipal authority requirements for the maintenance and continuation of said services.
D. To the extent that the Base Rent is paid as set forth in Section 3 hereof. Upon receipt of the actual tax xxxx from the Town of Willistonsame may be permitted by law, the Landlord will adjust the Tenant's monthly tax payment to conform to the actual tax assessed against and equitably allocated to the Demised Premises for each tax year during the initial term and any extension thereof. It is agreed that all such amounts shall be paid by Tenant to Landlord, who shall be responsible for and shall pay the tax bills to the Town of Williston on the real estate of which the Demised Premises are a part, when and as such bills are due. Tenant or its designee shall have the right to contest and review all such apply for the conversion of any taxes by legal proceedings, or assessment in such other manner as it may deem suitable (which, if instituted, Tenant or its designee shall conduct promptly at its own cost and expenseorder to cause the same to be payable in installments, and free of any expense to Landlord and, if necessary, in the name of and with the cooperation of Landlord and Landlord shall execute all documents necessary to accomplish the foregoing). Landlord agrees that if there shall be any refunds or rebates on account of the taxes paid by Tenant under the provisions of this section, upon such refund or rebate shall belong to Tenant.
(b) conversion Tenant shall pay and discharge punctually said installments as they shall become due and payable during the cost term and shall pay the balance of all insurance to be furnished by Tenant or Landlord pursuant to Sections (a), (b) and (c) of Section 7 hereof;
(c) Tenant shall pay all costs of utility services including without limitation charges for electricity, gas, telephone, cable television and water and sewer service metered such installments applicable to the Demised Premises;term of this Lease prior to the expiration of the term of the Lease.
(d) E. The customary adjustments and apportionments of real estate taxes, assessments and charges shall be made between Landlord and Tenant shall pay for proper lawn care and snow removalas of the date of the expiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Lease (Gartner Inc)
Taxes and Utilities. It is (a) Landlord shall pay all ad valorem taxes, assessments or levies, general or special, which may be assessed or imposed upon Landlord’s fee interest in the intent Project by any taxing authority or governmental agency with power to tax; provided, however, Tenant shall reimburse to Landlord a portion of the Landlord and Tenant that the Base Rent set forth in Section 3such ad valorem taxes, assessments (including only installments of special assessments required to be net to the Landlord (except for Landlord's debt service) and that beginning on the Commencement Date and continuing paid during the Lease termterm of this Lease) or levies, all costs associated with taxes, utilities, operation and maintenance of the premises be the sole responsibility of the Tenant except for Landlord's obligations as set forth in Section paragraph 10(a) hereof as follows:
(a) hereof. Tenant shall pay all real estate and ad valorem taxes, assessments or levies, general or special, which may be assessed or imposed upon Tenant’s leasehold interest in the Premises or upon any personal property taxes and other municipal charges and assessments levied against of Tenant located at the Demised Premises. Landlord shall make a good faith estimate of real estate taxes Premises by any taxing authority or governmental agency with power to be assessed against and equitably allocated to the Demised Premises and shall xxxx the same to Tenant on a monthly basis and Tenant shall pay said taxes in the same manner that the Base Rent is paid as set forth in Section 3 hereof. Upon receipt of the actual tax xxxx from the Town of Williston, the Landlord will adjust the Tenant's monthly tax payment to conform to the actual tax assessed against and equitably allocated to the Demised Premises for each tax year during the initial term and any extension thereof. It is agreed that all such amounts shall be paid by Tenant to Landlord, who shall be responsible for and shall pay the tax bills to the Town of Williston on the real estate of which the Demised Premises are a part, when and as such bills are due. Tenant or its designee shall have the right to contest and review all such taxes by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Tenant or its designee shall conduct promptly at its own cost and expense, and free of any expense to Landlord and, if necessary, in the name of and with the cooperation of Landlord and Landlord shall execute all documents necessary to accomplish the foregoing). Landlord agrees that if there shall be any refunds or rebates on account of the taxes paid by Tenant under the provisions of this section, such refund or rebate shall belong to Tenanttax.
(b) Tenant shall pay directly to the appropriate supplier or reimburse the Landlord the cost of all insurance separately metered utilities supplied to the Premises during the term of this Lease. Landlord shall pay to the appropriate supplier the cost of all utilities supplied to the Project which are not separately metered to the Premises or to other portions of the Project; provided, however, Tenant shall reimburse Landlord for a portion of the cost of such utilities not metered separately to the Project and paid by Landlord, as set forth in paragraph 7(a) hereof. To the extent that Landlord shall be billed for any such services by the provider thereof, Tenant shall reimburse Landlord for the amount thereof within fifteen (15) days of being furnished by Tenant or with a statement from Landlord pursuant to Sections (a), (b) and (c) of Section 7 hereof;with respect thereto.
(c) Unless the same is caused solely by the willful misconduct of Landlord, Landlord shall not be liable to Tenant shall pay all costs or to any other person for any damage occasioned by failure in any utility system or by the bursting or leaking of utility services including without limitation charges any vessel or pipe in or about the Premises or for electricityany damage occasioned by water coming into the Premises, gas, telephone, cable television and water and sewer service metered to or arising from any act or neglect of occupants of adjacent property or the Demised Premises;
(d) Tenant shall pay for proper lawn care and snow removalpublic.
Appears in 1 contract
