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 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 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 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 the Removal Period 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 Site 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 the Removal Period 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 Site 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 the Removal Period 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 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 the Removal Period 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 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 the Removal Period 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 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 the Removal Period 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.

Taxes and Utility Expenses. (a) The Xxxxxx agrees to pay all taxes, assessments and governmental charges of any kind and nature whatsoever, including without limitation improvement district assessments, special taxing district assessments, possessory interest taxes and excise taxes (collectively, the "Taxes"), levied or assessed against the Demised Premises from and after the Rent Commencement Date. Promptly following the Rent Commencement Date, in the event the Demised Premises is taxed as a separate parcel, Tenant (with Landlord’s cooperation) shall arrange with the Bernalillo County Tax Assessor for all Tax invoices to be directed to Xxxxxx. Xxxxxx agrees to pay all Taxes payable during the term of this Lease and any renewals thereof. Promptly following the expiration or earlier termination of this Lease, Tenant shall pay or cause cooperate with Landlord in arranging with the Bernalillo County Tax Assessor for all tax invoices to be paid when due all charges for water and sewer rentsdirected to Landlord. If Tenant should fail to pay the Taxes, public utilitiesin addition to any other remedies provided herein, Landlord may, if it so elects, pay such taxes, assessments, and Governmental Approval fees applicable governmental charges. Any sums so paid by Landlord shall be deemed to be so much additional rental owing by Tenant to Landlord and due and payable upon demand as additional rental plus interest at the Site during rate set forth in Section 20 hereof from the Termdate of payment by Landlord until repaid by Tenant. (b) The Tenant shall pay or cause to Taxes will 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 partial calendar years included in the Term or the Removal Period at the commencement or expiration thereof)term of this Lease. The Landlord shall promptly provide all Property Tax bills to the If any Taxes are payable in installments, then 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 may pay the same in good faith; provided that the Tenant has entered into appropriate deposit, bond, or obtained an order maximum number of a court of competent jurisdiction, or other steps to appropriately stay any lien or collection efforts in connection with such contestpermitted installments. (c) Landlord shall pay Tenant, at its sole expense, may contest or cause to be paid when due seek review of Taxes by any lawful means (if necessary, in the name of and all Property Taxes on or related to with 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(bcooperation of Landlord). (d) The Any refund or rebate of Taxes paid by Tenant will belong to Tenant. (e) Nothing contained in this Lease will require or be construed to require Tenant to pay (i) any inheritance, estate, succession, transfer, gift, franchise, income, gross receipts (whether imposed on Landlord shall provide written notice to or Tenant), excise or profit taxes that are or may be imposed upon or assessed against Landlord, its heirs, successors or assigns. Notwithstanding the Tenant foregoing, if at any time during the term of its receipt this Lease the present method of taxation is changed so that in lieu of the whole or any part of any oral Taxes (as defined above) there shall be levied, assessed or written notice of imposed on Landlord a capital levy or other tax directly on the rents received therefrom and/or a franchise tax, assessment, levy or charge measured by or based, in whole or in part, upon such rents on the present or any auditfuture building or improvements in the Land, examinationthen all such taxes, claim assessments, levies or assessment relating to Property Taxes on charges, or the part thereof so measured or based related to the Improvements Demised Premises, shall be deemed to be included within ten the term "Taxes" for purposes of this Lease. (10f) Business Days following Tenant will also pay all charges for sewer, water, gas, electricity, cable, telephone, and other services furnished to the Demised Premises during the term of this Lease. (g) Landlord will be responsible for the payment of all impact fees, traffic or trip fees, development fees, utility capacity, sewer connection or other similar type fees or assessments imposed by any governmental authority with respect to the development of the Oxbow Center. Tenant will be responsible for payment of such fees as are specific to its construction within the Demised Premises. Land. (h) Landlord represents that the Land shall become a separate tax parcel (Lot 8 – Oxbow Center) after the Subdivision Plat of Oxbow Center is recorded and therefore the Tenant will pay the property taxes that are due, after the Rent Commencement Date, for the Land within thirty (30) days after 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 directionbill from Landlord in accordance with (a) above.

Taxes and Utility Expenses. (a) The Tenant shall, during the term of this Lease, be responsible for, as and when the same shall pay become due and payable, Tenant’s pro rata share of ad valorem taxes which shall or cause to may during the term of this Lease be paid when charged, levied, laid, assessed, imposed, become due all charges and payable against the Premises, or liens upon or for water and sewer rents, public utilities, and Governmental Approval fees applicable or with respect to the Site during Premises 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 Termfederal, state and county governments and of all other governmental authorities whatsoever (hereinafter referred to as “Taxes”). (b) The Tenant shall pay to Landlord monthly, as Additional Rent, Tenant’s pro rata share of Taxes covering the Premises. Tenant’s pro rata share shall be determined based upon the previous year’s (i.e. 2015) tax statement, which currently equates to $190.36 per month payable by Tenant to Landlord, in addition to any other amounts due hereunder. On or cause to before August 1, 2017 (and on or before each successive anniversary of the Commencement Date during the Lease Term), Tenant and Landlord shall meet and reconcile the payments made in accordance with the preceding sentence, against the actual assessed and levied Taxes covering the Premises for such calendar year, and any balance owing to/from Landlord shall be paid when due any and all Property Taxes on, or related to, the Improvements, but not the underlying real within five (immovable5) 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 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 days 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 contestmeeting. (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 also be responsible for payment of any special assessments or cause to levies against the Premises arising as a result of Tenant’s use or possession of the Premises. Any special assessments made or assessed after the Commencement Date shall be paid such Property Taxespayable in accordance with Section 10(b), except as set forth in Section 5.2(b)above. (d) The Landlord In addition, Tenant shall, during the term of this Lease, be solely responsible for filing all required renditions with the appropriate taxing authorities and satisfying any and all ad valorem tax obligations which shall provide written notice or may during the term of this Lease, be charged, levied, laid, assessed, imposed, and/or become due and payable, with respect to Tenant’s business personal property and equipment which is or may be located within the Premises, 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 and county governments and of all other governmental authorities whatsoever (e) During the term of this Lease, Tenant shall also pay directly to the Tenant of its receipt of any oral or written notice of any auditrespective service provider, examinationas and when the same shall become due and payable, claim or assessment relating to Property Taxes on or related all utility, telephone, waste disposal, and other costs for services furnished to the Improvements within ten (10) Business Days following receipt Premises, to the improvements thereon, or to the occupants thereof, during the Term 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 directionthis Lease.