Common use of Taxes and Utility Expenses Clause in Contracts

Taxes and Utility Expenses. (a) Subject to Section 5.2(b) hereof, the Tenant shall pay or cause to be paid, before any fine, penalty, interest, or cost may be added thereto for the nonpayment thereof, all Impositions. (b) The Tenant shall bear the burden of and shall make timely remittances of all Impositions and shall file timely, with appropriate governmental units, all returns, statements, and reports legally required with respect thereto. The Tenant shall promptly remit to any governmental unit any such Imposition, unless the Tenant shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ prior written notice of the Tenant’s intent to contest such Imposition. Any such contest shall be at the Tenant’s sole cost and expense. (c) The Tenant, upon the request of the District, shall furnish to the District, within thirty (30) days after the date when an Imposition becomes delinquent if not paid, official receipts of the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx of non-payment of such Imposition issued by the proper official designated by law to make or issue the same or to receive payment of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of such certificate, advice, or xxxx. (d) Except as expressly otherwise provided herein, nothing contained herein shall modify, amend, or constitute a waiver of, expressly or by implication, any applicable taxes or Imposition with respect to all or any portion of the Project or the operation thereof.

Taxes and Utility Expenses. (1) Tenant shall, during the term of this Lease, as additional rent, pay and discharge punctually, as and when the same shall become due and payable, all taxes, special and general assessments, water rents, rates and charges, sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary, (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 for, or with respect to, the demised premises or any part thereof, or any buildings, 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, sate, 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 all sewer rents and charges for water, steam, gas, heat, hot water, electricity, light and power, and other services or services furnished to the demised premises or the occupants thereof during the term of this Lease (hereinafter referred to as "Utility Expenses"). (2) To the extent that the same may be permitted by law, Tenant or its designees shall have the right to apply for the conversion of any assessment for local improvements assessed during the term of this Lease in order to cause the same to be payable in annual installment, and upon such conversion, Tenant shall pay and discharge punctually said installments as they shall become due and payable during the term of this Lease. Landlord agrees to permit the application for the foregoing conversion to be filed in Landlord's name, if necessary, and shall execute any and all documents requested by Tenant to accomplish the foregoing result. (3) Tenant shall be deemed to have complied with the covenants of this paragraph (a) Subject to Section 5.2(b) hereofif payment of such Taxes shall have been made either within any period allowed by law or by the governmental authority imposing the same during which payment is permitted without penalty or interest or before the same shall become a lien upon the demised premises, the and Tenant shall pay or cause produce and exhibit to be paidLandlord satisfactory evidence of such payment, before any fine, penalty, interest, or cost may be added thereto for if Landlord shall demand the nonpayment thereof, all Impositionssame in writing. (b) The All such Taxes, including assessments which have been converted into installments as set forth in the preceding paragraph (a), 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 apportioned pro rata between Landlord and Tenant in accordance with the respective portions of such year during which such term shall bear be in effect. (1) Tenant or its designee shall have the burden right to contest or review all such Taxes by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Tenant or its designees shall conduct promptly at its own cost and expense, and, if necessary, in the name of Landlord with the cooperation of Landlord and Landlord shall make timely remittances of execute all Impositions and shall file timelydocuments reasonable necessary to accomplish the foregoing). Notwithstanding the foregoing, with appropriate governmental units, all returns, statements, and reports legally required with respect thereto. The Tenant shall promptly remit pay all such taxes if at any time the demised premises or any part thereof shall then be immediately subject to forfeiture, or if Landlord shall be subject to any governmental unit any such Imposition, unless the Tenant shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ prior written notice criminal liability arising out of the Tenant’s intent to contest such Imposition. Any such contest shall be at the Tenant’s sole cost and expensenonpayment thereof. (c2) The Tenantlegal proceedings referred to in the preceding subparagraph (1) shall include appropriate certiorari proceedings, upon and appeals from orders therein and appeals from any judgments, decrees, or orders. In the request event of any reduction, cancellation or discharge, Tenant shall pay the District, shall furnish amount finally levied or assessed against the demised premises or adjudicated to the District, within thirty (30) days after the date when an Imposition becomes delinquent if not paid, official receipts of the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx of non-payment of such Imposition issued by the proper official designated by law to make or issue the same or to receive payment of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of payable on any such certificate, advice, or xxxxcontested Taxes. (d) Except as expressly otherwise provided herein, nothing contained herein Landlord covenants and agrees that if there shall modify, amend, be any refunds or constitute a waiver of, expressly or by implication, any applicable taxes or Imposition with respect to all or any portion rebates on account of the Project Taxes paid by Tenant under the provisions of this Lease, 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 paid to Tenant forthwith. Landlord will, upon the operation thereofwritten request of Tenant, sign any receipts which may be necessary to secure the payment of any such refund or rebate, and will pay over to Tenant such refund or rebate as received by Landlord. Landlord further covenants and agrees on request of Tenant at any time, and from time to time, but without cost to Landlord, to make application individually (if legally required) or to join in Tenant's application (if legally required) for separate tax assessments for such portions of the demised premises as Tenant shall at any time, and from time to time, designate. Landlord hereby agrees upon reasonable request of Tenant to execute such instruments and to give Tenant such assistance in connection with such applications as shall be required by Tenant. (e) Nothing herein or in this Lease otherwise contained shall require or be construed to require Tenant to pay any sales, rent, inheritance, estate, succession, transfer, gift, franchise, income or profit taxes, by whatever name the same may be called, that are or may be imposed upon Landlord, its successor or assigns.

Taxes and Utility Expenses. (a) Subject to Section 5.2(b) hereof, the Tenant shall pay or cause to be paid, before any fine, penalty, interest, or cost may be added thereto for the nonpayment thereof, all Impositions. (b) The Tenant shall bear the burden of and shall make timely remittances of all Impositions and shall file timely, with appropriate governmental units, all returns, statements, and reports legally required with respect thereto. The Tenant shall promptly remit to any governmental unit any such Imposition, unless the Tenant shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ ' prior written notice of the Tenant’s 's intent to contest such Imposition. Any such contest shall be at the Tenant’s 's sole cost and expense. (c) The Tenant, upon the request of the District, shall furnish to the District, within thirty (30) days after the date when an Imposition becomes delinquent if not paid, official receipts of the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx bill of non-payment of such Imposition Xxxosition issued by the proper official designated by law to make or issue the same or to receive payment of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of such certificate, advice, or xxxxbill. (d) Except as xx expressly otherwise provided herein, nothing contained herein shall modify, amend, or constitute a waiver of, expressly or by implication, any applicable taxes or Imposition with respect to all or any portion of the Project or the operation thereof.

Taxes and Utility Expenses. (a) Subject to Section 5.2(b) hereof, the Tenant shall pay or cause to be paid, before any fine, penalty, interest, or cost may be added thereto for the nonpayment thereof, all Impositions. (b) The Tenant shall bear the burden of and shall make timely remittances of all Impositions and shall file timely, with appropriate governmental units, all returns, statements, and reports legally required with respect thereto. The Tenant shall promptly remit to any governmental unit any such Imposition, unless the Tenant shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ ' prior written notice of the Tenant’s 's intent to contest such Imposition. Any such contest shall be at the Tenant’s 's sole cost and expense. (c) The Tenant, upon the request of the District, shall furnish to the District, within thirty (30) days after the date when an Imposition becomes delinquent if not paid, official receipts of the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx of non-payment of such Imposition issued by the proper official designated by law to make or issue the same or to receive payment of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of such certificate, advice, or xxxx. (d) Except as expressly otherwise provided herein, nothing contained herein shall modify, amend, or constitute a waiver of, expressly or by implication, any applicable taxes or Imposition with respect to all or any portion of the Project or the operation thereof.

Taxes and Utility Expenses. (a) Subject During the term of this Lease, Landlord shall discharge punctually, when due, all taxes, assessments and all other governmental charges (herein referred to Section 5.2(bas “Taxes”) hereofwhich during the term of this Lease shall become payable, with respect to the Tenant shall pay Premises or cause to be paidany part thereof, before thereon or therein or any finepart thereof, penaltyunder or by virtue of all present or future laws, interestordinances, or cost may regulations of any governmental authority whatsoever (“Applicable Law”), together with all interest and penalties thereon (all of which shall also be added thereto included in the term “Taxes” as therefore defined). All charges for water, sewer, steam, heat, gas, hot water, electricity, light and power, and other services furnished to the nonpayment thereof, all ImpositionsPremises or the occupants thereof (herein referred to as “Utility Expenses”) shall be the sole duty and obligation of Tenant. (b) The Landlord shall exhibit to Tenant satisfactory evidence of such payment of taxes upon written demand for the same by Txxxxx. Notwithstanding the foregoing, Tenant may pay all such Taxes if at any time the Premises or any part of thereof shall bear the burden of and then immediately be subject to forfeiture or if Landlord shall make timely remittances of all Impositions and shall file timely, with appropriate governmental units, all returns, statements, and reports legally required with respect thereto. The Tenant shall promptly remit be subject to any governmental unit any such Imposition, unless the Tenant shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ prior written notice criminal liability arising out of the Tenant’s intent to contest such Impositionnonpayment thereof. Any such contest payment under this provision shall be at the Tenant’s sole cost and expenseentitle Tenant to offset Taxes paid against past or future rent due, subject to an accounting to Landlord for Taxes so paid. (c) The Tenant, upon the request Any refunds or rebates on account of the District, Texas paid by Tenant under the provisions of this Lease shall furnish belong to the District, within thirty (30) days after the date when an Imposition becomes delinquent if not paid, official receipts of the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx of non-payment of such Imposition issued by the proper official designated by law to make or issue the same or to receive payment of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of such certificate, adviceLandlord, or xxxxif received by Txxxxx, hold in trust and paid to Landlord forthwith. (d) Except as expressly otherwise provided specifically set forth herein, nothing contained herein shall modifyrequire or be construed to require Tenant to pay any transfer, amendfranchise, income, profit, excise or constitute a waiver ofother taxes that are or may be imposed upon Landlord, expressly its successors or by implication, any applicable taxes or Imposition with respect to all or any portion of the Project or the operation thereofassigns.

Taxes and Utility Expenses. (a) Subject to Section 5.2(b) hereof, the Tenant Company shall pay or cause to be paid, before any fine, penalty, interest, or cost may be added thereto for the nonpayment thereof, all ImpositionsImpositions that are payable during the Company Term and the Renewal Term, if applicable. (b) The Tenant During the Company Term and the Renewal Term, if applicable, the Company shall bear the burden of and shall make timely remittances of all Impositions and shall file timely, with appropriate governmental units, all returns, statements, and reports legally required with respect thereto. The Tenant Company shall promptly remit to any governmental unit any such Imposition, unless the Tenant Company shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ prior written notice of the Tenant’s intent to contest such Imposition. Any such contest shall be at the Tenant’s sole cost and expense. (c) The TenantCompany, upon the request of the District, shall furnish to the District, within thirty (30) days after the date when an Imposition becomes delinquent if not paid, official receipts of the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx bill of non-payment xxxment of such Imposition issued by the proper official designated by law to make or issue the same or to receive payment of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of such certificate, advice, or xxxxbill. (d) Except as expressly otherwise provided herein, nothing contained herein shall modify, amend, or constitute a waiver of, expressly or by implication, any applicable taxes or Imposition with respect to all or any portion of the Project or the operation thereof. The Company shall give the District ten (10) days prior written notice of the Company's intention to contest any Imposition. Any contest of an Imposition shall be at the Company's sole cost and expense.

Taxes and Utility Expenses. (a) Subject No application shall be made by Landlord to have the Premises placed upon the tax rolls until the Term Commencement Date as set forth in Section 5.2(b) hereof2.02. Thereafter, throughout the remainder of the Term, Tenant shall pay and discharge punctually, as and when the same shall become due and payable and defend, indemnify and hold harmless Landlord from (i) all taxes, both real and personal, special and general assessments, water rents, rates and charges, sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary (collectively hereinafter referred to as “Taxes”; each, a “Tax”), and each and every installment thereof which shall or cause to may during the Term be paidcharged, before any finelevied, penaltylaid, interestassessed, imposed, or cost become due and payable, or become liens upon or for or with respect to the Premises, appurtenances or equipment at or about the Premises or any part thereof, together with all interest and penalties thereon, under or by virtue of all present or future Legal Requirements (all of which shall also be included in the term “Taxes” as heretofore defined), and (ii) any and all sewer rents and charges for water, steam, heat, gas, hot water, electricity, light and power, and all other service or services, furnished to the Improvements and/or the Premises or the occupants thereof during the Term (hereinafter referred to as “Utility Expenses”). Nothing herein contained shall require or be construed to require Tenant to pay any Tax that is or may be added thereto imposed upon Landlord, its successors or assigns, or upon the rent payable to Landlord unless such Taxes shall be levied instead and in lieu of or as additional or supplemental to the real estate taxes upon the Premises. Tenant shall not contest the power of the County or applicable Governmental Authority to levy any Tax against the Premises or any part thereof, which contest is premised upon the assertion that title to the Demised Land reposes to the County. Nothing herein contained shall relieve Tenant from the payment of any charges that shall be made for the nonpayment thereofUtility Expense components which would be represented by sewer charges or water charges. Without limiting the foregoing, all Impositions. (b) The Tenant shall bear the burden of and shall make timely remittances of all Impositions and shall file timely, with appropriate governmental units, all returns, statementsat Tenant’s election, and reports legally required with respect thereto. The Tenant shall promptly remit to any governmental unit any such Imposition, unless the Tenant shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ prior written notice of the Tenant’s intent to contest such Imposition. Any such contest shall be at the Tenant’s sole cost and expense. , Landlord agrees to reasonably cooperate with Tenant in any reasonable efforts undertaken by Tenant to cause the Nassau County Industrial Development Agency (cthe “Agency”) The to enter into agreements with Tenant, upon the request in form and substance reasonably satisfactory to Tenant and such Agency, which provide for “financial assistance” (as defined in Article 18-A of the DistrictNew York State General Municipal Law), shall furnish to the Districtexemption from any Taxes and other benefits (each, within thirty (30) days after a “PILOT Agreement”). In the date when an Imposition becomes delinquent if not paid, official receipts of event that such Agency provides financial assistance in the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx of non-payment of such Imposition issued by the proper official designated by law to make or issue the same or to receive payment form of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of such certificate, advice, or xxxx. (d) Except as expressly otherwise provided herein, nothing contained herein shall modify, amend, or constitute a waiver of, expressly or by implication, any applicable taxes or Imposition with respect to all or exemption from Taxes for any portion of the Premises through a PILOT Agreement, then Tenant shall, while such exemption is in place, be responsible for paying any and all payments and other charges in lieu of Taxes required to be paid by Tenant in connection with such financial assistance and Tenant shall make all other payments, if any, required under or in connection with any PILOT Agreement. It shall be a condition to Tenant’s obligations to develop the Project or that such Agency shall have adopted an approving resolution in form reasonably satisfactory to Tenant authorizing the operation thereofgranting of “financial assistance” (within the meaning of Section 854 of the New York General Municipal Law) with respect to the Project (the “Benefits”); provided that (i) such Agency shall receive from Tenant, in form and substance satisfactory to such Agency such applications, rulings, approvals, resolutions, consents, certificates, opinions of counsel and other instruments and proceedings as shall be specified by the Agency in connection with the Project, (ii) Tenant shall provide such Agency with all information and statements that may be required to ensure compliance by the Agency with SEQRA, and (iii) Tenant shall comply with and shall provide such Agency with all information, documentation and statements required for the Agency to comply with the requirements of all Governmental Authorities with respect to the Project. Xxxxxx has advised Landlord that, and Xxxxxxxx acknowledges that, but for the provision of the Benefits, Xxxxxx would not be able to undertake the development of the Project as contemplated by this Lease. If Tenant shall not receive such approving resolution from the Agency, Tenant shall have the right to terminate this Lease.

Taxes and Utility Expenses. (a) Subject (i) Tenant shall, commencing on the Commencement Date and thereafter throughout the Term, as additional rent, pay and discharge punctually, as and when the same shall become due and payable, all taxes, special and general assessments, water rents, rates and charges, sewer rents and other governmental impositions and charges of every kind and nature whatsoever, extraordinary as well as ordinary (herein referred to Section 5.2(b) hereofas “Taxes”), and each and every installment thereof which shall or may during the Tenant shall pay or cause to Term be paidcharged, before any finelevied, penaltylaid, interestassessed, imposed, become due and payable, or cost may be added thereto liens upon or for the nonpayment thereof, all Impositions. (b) The Tenant shall bear the burden of and shall make timely remittances of all Impositions and shall file timely, with appropriate governmental units, all returns, statements, and reports legally required with respect thereto. The Tenant shall promptly remit to any governmental unit any such Imposition, unless the Tenant shall in good faith, with due diligence, and by appropriate judicial or administrative proceedings, contest the validity, applicability, or amount thereof. The Tenant shall give the District 10 days’ prior written notice of the Tenant’s intent to contest such Imposition. Any such contest shall be at the Tenant’s sole cost and expense. (c) The Tenant, upon the request of the District, shall furnish to the District, within thirty (30) days after the date when an Imposition becomes delinquent if not paid, official receipts of the appropriate taxing authority or other evidence satisfactory to the District evidencing the payment thereof. The certificate, advice or xxxx of non-payment of such Imposition issued by the proper official designated by law to make or issue the same or to receive payment of an Imposition shall be prima facie evidence that such Imposition is due and unpaid at the time of the making of such certificate, advice, or xxxx. (d) Except as expressly otherwise provided herein, nothing contained herein shall modify, amend, or constitute a waiver of, expressly or by implication, any applicable taxes or Imposition with respect to the Demised Premises or any part thereof, or any buildings, 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, Town and City Governments and of all other governmental authorities whatsoever (all of which shall also be included in the term “Taxes” as heretofore defined) and all sewer rents and charges for water, steam, heat, gas, hot water, electricity, light and power, and other service or services, furnished to the Demised Premises or the occupants thereof during the Term. In the event that any present or future enactment of the State in which the Demised Premises are located or any political subdivision thereof or any governmental authority having jurisdiction thereover imposes a tax and/or assessment of any kind or nature upon, against or with respect to the rents payable by Tenant hereunder or with respect to the Landlord’s or the individual’s or entities’ which form the Landlord herein, ownership of the land and buildings comprising the Demised Premises, and/or imposes a tax or surcharge of any kind or nature upon, against or with respect to the parking areas or the number of parking spaces in the Demised Premises, either in addition to or by way of substitution for all or any portion part of the Project taxes and assessments levied or assessed against such land and such buildings, then for the operation thereofpurpose of Section 5, the same shall be deemed “Taxes” and payable in full by Tenant.