Common use of Taxes and Utility Expenses Clause in Contracts

Taxes and Utility Expenses. (a) The Tenant shall pay or cause to be paid when due all charges for water and sewer rents, public utilities, and Governmental Approval fees applicable to the Facility during the Term. (b) The Tenant shall pay or cause to be paid when due any and all Property Taxes on, or related to, the Improvements, but not the underlying real (immovable) property comprising the Site, during the Term and the Removal Period (prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Term or Renewal Term at the commencement or expiration thereof). The Landlord shall promptly provide all Property Tax bills to the Tenant when they become available. The Tenant shall use commercially reasonable efforts to cause Property Tax bills on or related to the Improvements to be delivered directly to the Tenant. Upon the latter of (i) one (1) month after receipt of such Property Tax bill, whether from the Landlord or otherwise, or (ii) the due date of any such Property Taxes on or related to the Improvements, the Tenant shall provide the Landlord with reasonable written evidence from the Plaquemines Parish Tax Collector’s Office of the payment of such taxes or provide notice of any election by the Tenant to contest the same in good faith; provided that the Tenant has entered into appropriate deposit, bond, or obtained an order of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contest. (c) Landlord shall pay or cause to be paid when due any and all Property Taxes on or related to the underlying real (immovable) property, but not the Improvements, comprising the Site. The Tenant shall have no liability to pay or cause to be paid such Property Taxes, except as set forth in Section 5.2(b). (d) The Landlord shall provide written notice to the Tenant of its receipt of any oral or written notice of any audit, examination, claim or assessment relating to Property Taxes on or related to the Improvements within ten (10) Business Days following receipt of such notice. Tenant may, as the sole owner of the Improvements, contest, resolve, appeal, defend and settle any such audit, examination, claim or assessment, as applicable, all at the Tenant’s direction.

Taxes and Utility Expenses. (a) The Tenant shall pay or cause to be paid when due all charges for water and sewer rents, public utilities, and Governmental Approval fees applicable to the Facility Site during the Termterm of this Ground Lease. (b) The Tenant shall pay or cause to be paid when due any and all Property Taxes on, on or related to, to the Site and Improvements, but not including the underlying real (immovable) property comprising the Site, Site during the Term and the Removal Period term of this Ground Lease (prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Term or Renewal Term at the commencement or expiration thereofof the Term). The Landlord shall promptly provide all Property Tax bills to the Tenant when they become available. The Tenant shall use commercially reasonable efforts to cause Property Tax bills on or related to the Improvements to be delivered directly to the Tenant. Upon the latter of (i) one (1) month after receipt of such Property Tax bill, whether bill from the Landlord or otherwise, or (ii) the due date of any such Property Taxes on or related to the ImprovementsTaxes, the Tenant shall provide the Landlord with reasonable written evidence from the Plaquemines Cameron Parish Tax Collector’s Office of the payment of such taxes or provide notice of any election by the Tenant to contest the same in good faith; provided that the Tenant has entered into appropriate deposit, bond, or obtained an order of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contest. (c) Landlord shall pay or cause to be paid when due any and all Property Taxes on or related to the underlying real (immovable) property, but not the Improvements, comprising the Site. The Tenant shall have no liability to pay or cause to be paid such Property Taxes, except as set forth in Section 5.2(b). (d) The Landlord shall provide written notice to the Tenant of its receipt of any oral or written notice of any audit, examination, claim or assessment relating to Property Taxes on or related to the Improvements within ten (10) Business Days following receipt of such notice. The Tenant may, as or if, required by Applicable Law, the sole owner of Landlord shall at the ImprovementsTenant’s election and at Tenant’s expense (including attorney fees and costs), and in compliance with the Tenant’s direction, initiate a claim and commence proceedings with the appropriate Governmental Authority to contest, resolve, appeal, defend and settle any such audit, examination, claim or assessment, as applicable, relating to Property Taxes, and in, any event, the Landlord shall fully cooperate with the Tenant with respect to any such claim or proceeding and Tenant shall pay all reasonable costs and expenses incurred by Landlord in doing so. The Landlord and the Tenant shall otherwise reasonably cooperate to minimize assessed value of the Improvements and underlying real property, at the Tenant’s directionexpense, and coordinate to properly and timely remit Property Taxes assessed and owed, including through coordination with the Cameron Parish Tax Collector’s Office, the Cameron Parish Tax Assessor’s Office and any other relevant Governmental Authorities.

Taxes and Utility Expenses. (a) The Tenant shall pay or cause to be paid when due all charges for water and sewer rents, public utilities, and Governmental Approval fees applicable to the Facility Site during the Termterm of this Ground Lease. (b) The Tenant shall pay or cause to be paid when due any and all Property Taxes on, on or related to, to the Improvements, but not the Improvements and underlying real (immovable) property comprising the Site, Site during the Term and the Removal Period term of this Ground Lease (prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Term or Renewal Term at the commencement or expiration thereofof the Term). . The Landlord shall promptly provide all Property Tax bills to the Tenant when they become available. The Tenant shall use commercially reasonable efforts to cause Property Tax bills on or related to the Improvements to be delivered directly to the Tenant. Upon the latter of (i) one (1) month after receipt of such Property Tax bill, whether bill from the Landlord or otherwise, or (ii) the due date of any such Property Taxes on or related to the ImprovementsTaxes, the Tenant shall provide the Landlord with reasonable written evidence from the Plaquemines Cameron Parish Tax Collector’s Office of the payment of such taxes or provide notice of any election by the Tenant to contest the same in good faith; provided that the Tenant has entered into appropriate deposit, bond, or obtained an order of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contest. (c) Landlord shall pay or cause to be paid when due any and all Property Taxes on or related to the underlying real (immovable) property, but not the Improvements, comprising the Site. The Tenant shall have no liability to pay or cause to be paid such Property Taxes, except as set forth in Section 5.2(b). (d) The Landlord shall provide written notice to the Tenant of its receipt of any oral or written notice of any audit, examination, claim or assessment relating to Property Taxes on or related to the Improvements within ten (10) Business Days following receipt of such notice. Tenant mayAt the Tenant’s election, as the sole owner of Landlord shall initiate a claim and commence proceedings with the Improvements, appropriate Governmental Authority to contest, resolve, appeal, defend and settle any such audit, examination, claim or assessment, as applicable, all at the Tenant’s directiondirection and at the Tenant’s expense. The Landlord and the Tenant shall otherwise reasonably cooperate to minimize assessed value of the Improvements and underlying real property, including through coordination with the Cameron Parish Tax Collector’s Office.

Taxes and Utility Expenses. (a) The Tenant shall pay or cause to be paid when due all charges for water and sewer rents, public utilities, and Governmental Approval fees applicable to the Facility Site during the Term. (b) The Tenant shall pay or cause to be paid when due any and all Property Taxes on, on or related to, the Improvements, but not the underlying real (immovable) property comprising the Site, Site during the Term and the Removal Period (prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Term or Renewal Term at the commencement or expiration thereofof the Term). The Landlord shall promptly provide all Property Tax bills to the Tenant when they become available. The Tenant shall use commercially reasonable efforts to cause Property Tax bills on or related to the Improvements to be delivered directly to the Tenant. Upon the latter of (i) one (1) month after receipt of such Property Tax bill, whether bill from the Landlord or otherwise, or (ii) the due date of any such Property Taxes on or related to the ImprovementsTaxes, the Tenant shall provide the Landlord with reasonable written evidence from the Plaquemines Cameron Parish Tax Collector’s Office of the payment of such taxes or provide notice of any election by the Tenant to contest the same in good faith; provided provided, that the Tenant has entered into appropriate deposit, bond, or obtained an order of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contest. (c) Landlord shall pay or cause to be paid when due any and all Property Taxes on or related to the underlying real (immovable) property, but not the Improvements, comprising the Site. The Tenant shall have no liability to pay or cause to be paid such Property Taxes, except as set forth in Section 5.2(b). (d) The Landlord shall provide written notice to the Tenant of its receipt of any oral or written notice of any audit, examination, claim or assessment relating to Property Taxes on or related to the Improvements within ten (10) Business Days following receipt of such notice. Tenant mayAt the Tenant’s election, as the sole owner of Landlord shall initiate a claim and commence proceedings with the Improvements, appropriate Governmental Authority to contest, resolve, appeal, defend and settle any such audit, examination, claim or assessment, as applicable, all at the Tenant’s direction. The Landlord and the Tenant shall otherwise reasonably cooperate to minimize assessed value of the Improvements and underlying real property, including through coordination with the Cameron Parish Tax Collector’s Office.

Taxes and Utility Expenses. (a) The Tenant shall pay or cause to be paid when due all charges for water and sewer rents, public utilities, and Governmental Approval fees applicable to the Facility Site during the Term. (b) The Tenant shall pay or cause to be paid when due any and all Property Taxes on, or related to, the Improvements, but not the underlying real (immovable) property comprising the Site, during the Term and the Removal Period (prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Term or Renewal Term the Removal Period at the commencement or expiration thereof). The Landlord shall promptly provide all Property Tax bills to the Tenant when they become available. The Tenant shall use commercially reasonable efforts to cause Property Tax bills on or related to the Improvements to be delivered directly to the Tenant. Upon the latter of (i) one (1) month after receipt of such Property Tax bill, whether from the Landlord or otherwise, or (ii) the due date of any such Property Taxes on or related to the Improvements, the Tenant shall provide the Landlord with reasonable written evidence from the Plaquemines Parish Tax Collector’s Office of the payment of such taxes or provide notice of any election by the Tenant to contest the same in good faith; provided that the Tenant has entered into appropriate deposit, bond, or obtained an order of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contest. (c) Landlord shall pay or cause to be paid when due any and all Property Taxes on or related to the underlying real (immovable) property, but not the Improvements, comprising the Site. The Tenant shall have no liability to pay or cause to be paid such Property Taxes, except as set forth in Section 5.2(b). (d) The Landlord shall provide written notice to the Tenant of its receipt of any oral or written notice of any audit, examination, claim or assessment relating to Property Taxes on or related to the Improvements within ten (10) Business Days following receipt of such notice. Tenant may, as the sole owner of the Improvements, contest, resolve, appeal, defend and settle any such audit, examination, claim or assessment, as applicable, all at the Tenant’s direction.

Taxes and Utility Expenses. (a) The Tenant shall pay or cause to be paid when due all charges for water and sewer rents, public utilities, and Governmental Approval fees applicable to the Facility Facilities during the Term. (b) The Tenant shall pay or cause to be paid when due any and all Property Taxes on, on or related to, to the Improvements, but not the underlying real (immovable) property comprising the Site, Site during the Term and the Removal Period (prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Term or Renewal Term at the commencement or expiration thereofof the Term). The Landlord shall promptly provide all Property Tax bills to the Tenant when they become available. The Tenant shall use commercially reasonable efforts to cause Property Tax bills on or related to the Improvements to be delivered directly to the Tenant. Upon the latter of (i) one (1) month after receipt of such Property Tax bill, whether bill from the Landlord or otherwise, or (ii) the due date of any such Property Taxes on or related to the ImprovementsTaxes, the Tenant shall provide the Landlord with reasonable written evidence from the Plaquemines Cameron Parish Tax Collector’s Office of the payment of such taxes or provide notice of any election by the Tenant to contest the same in good faith; provided that the Tenant has entered into appropriate deposit, bond, or obtained an order of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contest. (c) Landlord shall pay or cause to be paid when due any and all Property Taxes on or related to the underlying real (immovable) property, but not the Improvements, comprising the Site. The Tenant shall have no liability to pay or cause to be paid such Property Taxes, except as set forth in Section 5.2(b). (d) The Landlord shall provide written notice to the Tenant of its receipt of any oral or written notice of any audit, examination, claim or assessment relating to Property Taxes on or related to the Improvements within ten (10) Business Days following receipt of such notice. At the Tenant’s request, the Landlord shall reasonably cooperate with the Tenant may, as to initiate any claim and commence proceedings with the sole owner of the Improvements, appropriate Governmental Authority to contest, resolve, appeal, defend and settle any such audit, examination, claim or assessment, as applicable, all at the Tenant’s directiondirection and sole cost and expense. The Landlord and the Tenant shall otherwise reasonably cooperate to minimize assessed value of the Improvements and underlying real property, including through coordination with the Cameron Parish Tax Collector’s Office.

Taxes and Utility Expenses. (a) The Tenant shall pay or cause to be paid when due all charges for water and sewer rents, public utilities, and Governmental Approval fees applicable to the Facility Site during the Term. (b) The Tenant shall pay or cause to be paid when due any and all Property Taxes on, on or related to, to the Improvements, but not Improvements and the underlying real (immovable) property comprising the Site, subject to Section 5.2(c), during the Term and the Removal Period (prorated on the basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the Term or Renewal Term at the commencement or expiration thereofof the Term). The Landlord shall promptly provide all Property Tax bills to the Tenant when they become available. The Tenant shall use commercially reasonable efforts to cause Property Tax bills on or related to the Improvements to be delivered directly to the Tenant. Upon the latter of (i) one (1) month after receipt of such Property Tax bill, whether bill from the Cameron Parish Tax Collector Landlord or otherwise, or (ii) the due date of any such Property Taxes on or related to the ImprovementsTaxes, the Tenant shall provide the Landlord with reasonable written evidence from the Plaquemines Cameron Parish Tax Collector’s Office of the payment of such taxes or provide notice of any election by the Tenant to contest the same in good faith; provided provided, that the Tenant has entered into appropriate deposit, bond, or obtained an order of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contest. (c) Landlord shall pay or cause to be paid when due any and all Property Taxes on or related to the underlying real (immovable) property, but not the Improvements, comprising the Site. The Tenant shall have no liability to pay or cause to be paid such Property Taxes, except as set forth in Section 5.2(b). (d) The Landlord shall provide written notice to the Tenant of its receipt of any oral or written notice of any audit, examination, claim or assessment relating to Property Taxes on or related to the Improvements within ten (10) Business Days following receipt of such notice. The Tenant may, as or if, required by Applicable Law, the sole owner of Landlord shall at the ImprovementsTenant’s election and in compliance with the Tenant’s direction, initiate a claim and commence proceedings with the appropriate Governmental Authority to contest, resolve, appeal, defend and settle any such audit, examination, claim or assessment, as applicable, all at relating to Property Taxes, and in, any event, the TenantLandlord shall fully cooperate with the Tenant with respect to any such claim or proceeding. The Landlord and the Tenant shall otherwise reasonably coordinate to properly and timely remit Property Taxes assessed and owed, including through coordination with the Cameron Parish Tax Collector’s directionOffice, the Cameron Parish Tax Assessor’s Office and any other relevant Governmental Authorities.