TAXES, ASSESSMENTS AND FEES. Lessee agrees to pay all licensing, filing and registration fees; to keep the Equipment free of all liens and encumbrances; TO SHOW THE EQUIPMENT AS "LEASED EQUIPMENT" ON TAX RETURNS; TO PAY ALL PERSONAL PROPERTY TAXES ASSESSED AGAINST THE EQUIPMENT; to pay all other taxes, assessments, fees and penalties which may be levied or assessed in respect to the Equipment, its use or any interest therein, or any lease payments, including but not limited to all federal, state, and local taxes, however designated, levied or assessed, whether upon Lessee or Lessor or the Equipment or upon the sale, ownership, use or operation, excepting any income taxes levied on the Lessor. Lessor may, at its option, collect from Lessee an escrow fee of up to 35% of the Equipment cost per month for a tax escrow fund. Lessor may, at its option, pay on Lessee's behalf such taxes and other amounts, file applicable returns, and collect full reimbursement plus an administrative fee from Lessee. In addition, Lessee authorizes Lessor to file at Lessor's option informational financing statements and/or fixture filings without Lessee's signature and, if a signature is required by law, Lessee appoints Lessor as Lessee's attorney-in-fact to execute such statements and filings. For purposes of any filing, Lessee hereby grants Lessor a security interest in all lease payments and Equipment, and all interest of Lessee therein, and all proceeds and products thereof, but in no case shall this grant or any filing be deemed to contravene a true-lease transaction. Lessee agrees to pay Lessor a documentation fee to be billed with the first lease payment to cover account setup and administrative costs. Lessee and any guarantor agrees to reimburse Lessor for reasonable costs incurred in collecting taxes, assessments, or fees for which Lessee is liable, and any collection charges attributable thereto, including reasonable attorney fees. Lessee agrees that Lessor is entitled to all tax benefits resulting from ownership of the Equipment. Lessee agrees that, should any such tax benefits be disallowed, Lessee shall indemnify Lessor for such loss by paying Lessor an amount equal to the value of the lost benefits.
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TAXES, ASSESSMENTS AND FEES. Lessee agrees to pay all licensing, filing and registration fees; to keep the Equipment free of all liens and encumbrances; TO SHOW THE EQUIPMENT AS "LEASED EQUIPMENT" ON TAX RETURNS; TO PAY ALL PERSONAL PROPERTY TAXES ASSESSED AGAINST THE EQUIPMENT; to pay all other taxes, assessments, fees and penalties which may be levied or assessed in respect to the Equipment, its use or any interest therein, or any lease payments, including but not limited to all federal, state, and local taxes, however designated, levied or assessed, whether upon Lessee or Lessor or the Equipment or upon the sale, ownership, use or operation, excepting any income taxes levied on the Lessor. Lessor may, at its option, collect from Lessee an escrow fee of up to 35% of the Equipment cost per month for a tax escrow fund. Lessor may, at its option, pay on Lessee's behalf such taxes and other amounts, file applicable returns, and collect full reimbursement plus an administrative fee from Lessee. In addition, Lessee authorizes Lessor to file at Lessor's option informational financing statements and/or fixture filings without Lessee's signature and, if a signature is required by law, Lessee appoints Lessor as Lessee's attorney-in-fact to execute such statements and filings. For purposes of any filing, Lessee hereby grants Lessor a security interest in all lease payments and Equipment, and all interest of Lessee therein, and all proceeds and products thereof, but in no case shall this grant or any filing be deemed to contravene a true-lease transaction. Lessee agrees to pay Lessor a documentation fee to be billed with the first lease payment to cover account setup and administrative costs. Lessee and any guarantor agrees agree to reimburse Lessor for reasonable costs incurred in collecting taxes, assessments, or fees for which Lessee is liable, and any collection charges attributable thereto, including reasonable attorney fees. Lessee agrees that Lessor is entitled to all tax benefits resulting from ownership of the Equipment. Lessee agrees that, should any such tax benefits be disallowed, Lessee shall indemnify Lessor for such loss by paying Lessor an amount equal to the value of the lost benefits.. ------------------------------------------------------------------------------ THIS LEASE IS NON CANCELLABLE and is a binding contract consisting of all terms on the front and reverse hereof. KARTOFFELSOFT, INC. LESSEE (Complete Legal Name) 3475 H EDISON WAY_SUITE H Billing Xxxxxxx XXXXX XXXX, , XX 00000 Xxxx Xxxxxx Xxxxx Zip 000-000-0000 Phone Date By: X /s/ Xxxxxx Xxxxxx Xxxxx 4-30-98 -------------------------------------------------------- Authorized Signature XXXXXX XXXXXX XXXXX Title CEO ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Accepted by: CC FINANCE L.L.C., Lessor By: /s/ [ILLEGIBLE] ----------------------------------------------------- Authorized Signature Date: 5/11/98 --------------------------------------------------- LEASE NO: 521596 ------------------------------------------------------------------------------
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TAXES, ASSESSMENTS AND FEES. Lessee agrees to pay all licensing, filing and registration fees; to keep the Equipment free of all liens and encumbrances; TO SHOW THE EQUIPMENT AS "LEASED EQUIPMENT" ON TAX RETURNS; WHEN ALLOWED BY LAW, FILE ALL PERSONAL PROPERTY TAX RETURNS AND TO PAY ALL PERSONAL PROPERTY TAXES ASSESSED AGAINST THE EQUIPMENTEQUIPMENT WHEN DUE; to pay when due, and defend, hold harmless Lessor against liability for all other taxes, assessments, fees and penalties which may be levied or assessed in respect to the Equipment, its use or any interest therein, or any lease payments, including but not limited to all federal, state, and local taxes, however however, designated, levied or assessed, whether upon Lessee or Lessor or the Equipment or upon the sale, ownership, use or operation, excepting only any income taxes levied on the rental payments made to Lessor. If any report or return for personal property tax is required by law to be filed by Lessor, Lessee shall so notify Lessor mayprior to the assessment date, at its optionand Lessee shall promptly reimburse Lessor for personal property taxes paid, collect from including any interest, fines or penalties incurred as a result of late filing if Lessee fails to provide Lessor with the notice required hereby. Lessee shall promptly provide Lessor with a copy of any and all filings and tax assessment notices with respect to personal property tax, and if Lessee fails to do so, Lessor has the right to charge Lessee an escrow fee assessment of up an appropriate amount to 35% insure against any tax liability. The Lessee agrees to comply with all state and local laws requiring the filing of ad valorem tax returns relating to the Equipment cost per month for a tax escrow fundEquipment. Lessor may, at its option, pay on Lessee's behalf such taxes and other amounts, file applicable returns, and collect full reimbursement plus an administrative fee from Lessee. In addition, Lessee authorizes Lessor to file at Lessor's option informational financing statements and/or fixture filings without Lessee's signature and, if a signature is required by law, Lessee appoints Lessor as Lessee's attorney-in-fact to execute such statements and filings. For purposes of any filing, Lessee hereby grants Lessor a security interest in all lease payments and Equipment, and all interest of Lessee therein, and all proceeds and products thereof, but in no case shall this grant or any filing be deemed to contravene a true-lease transaction. Lessee agrees to pay Lessor a documentation fee to be billed with the first lease payment to cover account setup and administrative costs. Lessee and any guarantor agrees to reimburse Lessor for reasonable costs incurred in collecting taxes, assessments, or fees for which Lessee is liable, and any collection charges attributable thereto, including reasonable attorney fees. Lessee agrees that Lessor is entitled to all tax benefits resulting from ownership of the Equipment. Lessee agrees that, should any such tax benefits be disallowed, Lessee shall indemnify Lessor for such loss by paying Lessor an amount equal to the value of the lost benefits. Lessee agrees to pay Lessor a documentation fee to be billed with the first lease payment to cover account setup and administrative costs.
Appears in 1 contract
Samples: Master Lease Agreement (Universal Money Centers Inc)
TAXES, ASSESSMENTS AND FEES. A. Lessee agrees to pay assumes all licensingresponsibility and liability for the payment of any real property, filing and registration fees; to keep the Equipment free of all liens and encumbrances; TO SHOW THE EQUIPMENT AS "LEASED EQUIPMENT" ON TAX RETURNS; TO PAY ALL PERSONAL PROPERTY TAXES ASSESSED AGAINST THE EQUIPMENT; to pay all possessory interest, personal property or other taxes, taxes or assessments, fees including fines, penalties and penalties which may be interest (collectively "Taxes and Assessments") imposed or levied against the Leased Premises by any taxing jurisdiction as a result of Xxxxxx's use and occupancy thereof.
B. If the City receives any notice, claim, demand, bill or assessed in respect to the Equipment, its use invoice from or any interest therein, or any lease payments, including but not limited to all federal, state, and local taxes, however designated, levied or assessed, whether upon Lessee or Lessor or the Equipment or upon the sale, ownership, use or operation, excepting any income taxes levied on the Lessor. Lessor may, at its option, collect from Lessee an escrow fee of up to 35% of the Equipment cost per month for a tax escrow fund. Lessor may, at its option, pay on Lessee's behalf such taxes and other amounts, file applicable returns, and collect full reimbursement plus an administrative fee from Lessee. In addition, Lessee authorizes Lessor to file at Lessor's option informational financing statements and/or fixture filings without Lessee's signature and, if a signature is required by law, Lessee appoints Lessor as Lessee's attorney-in-fact to execute such statements and filings. For purposes of any filingtaxing jurisdiction, Lessee hereby grants Lessor proposing to impose or levy or imposing or levying a security interest in all lease payments charge for Taxes and EquipmentAssessments against the leased Premises, and all interest the City will forward the notice, claim, bill, demand or invoice to Xxxxxx. Within thirty (30) days of Lessee thereinreceiving the notice, and all proceeds and products thereofclaim, demand, bill or invoice from the City, but in no case shall this grant or event later than the delinquency date stated therein if less than thirty (30) days from the date of receipt, Xxxxxx will pay the full amount due as stated therein to the applicable taxing jurisdiction. Lessee, in its discretion, may contest any filing proposed Taxes and Assessments through any lawful methods, but will not be deemed to contravene a true-lease transaction. Lessee agrees relieved of any responsibility to pay Lessor when due any charges under any notice, claim, demand, bill or invoice forwarded by the City as provided herein.
C. If any Taxes or Assessments are imposed or levied against the leased Premises by any taxing jurisdiction as a documentation fee to be billed with result of Xxxxxx's use and occupancy of the first lease payment to cover account setup leased Premises, Lessee, hereby acknowledges and administrative costs. Lessee and any guarantor agrees to reimburse Lessor for reasonable costs incurred in collecting taxes, assessments, or fees for which Lessee is liable, and any collection charges attributable thereto, including reasonable attorney fees. Lessee agrees that Lessor is entitled to all tax benefits resulting will hold harmless the City from ownership and pay in full when due on behalf of the Equipment. Lessee agrees thatCity any and all Taxes and Assessments as provided in paragraph 9.B. Xxxxxx further defends and indemnifies the City (including the payment of attorney's fees and costs of litigation) against ay lawsuits, should demands, claims or other collection efforts by any such tax benefits be disallowed, Lessee shall indemnify Lessor for such loss by paying Lessor an amount equal to taxing jurisdiction seeking the value payment of Taxes and Assessments imposed or levied against the leased Premises as a result of Xxxxxx's use and occupancy of the lost benefitsleased Premises.
D. Xxxxxx's failure to comply with this Section will be considered a condition of default, entitling the City to any of the remedies provided for default under this lease, including, but not limited to, termination of this lease.
Appears in 1 contract
Samples: Commercial Aviation Ground Lease
TAXES, ASSESSMENTS AND FEES. Lessee agrees to pay when due and does hereby indemnify Lessor against, and hold Lessor harmless from, all licensing, filing and registration fees; to keep the Equipment free of all liens and encumbrances; TO SHOW THE EQUIPMENT AS "LEASED EQUIPMENT" ON TAX RETURNS; TO PAY ALL PERSONAL PROPERTY TAXES ASSESSED AGAINST THE EQUIPMENT; to pay all , franchise, sales, use, personal property, ad valorem, value added, leasing, stamp or other taxes, assessmentslevies, fees and penalties which may be levied import duties, charges or assessed in respect to the Equipment, its use or withholdings of any interest therein, or any lease paymentsnature, including but not limited to all federal, state, and local taxes, however designated, levied or assessed, whether upon Lessee together with any penalties, fines or Lessor interest thereon (a) arising out of the transactions contemplated by this Master Lease, any Lease Schedule or relating in any manner to the Equipment and imposed against Lessor, Lessee, or the Equipment or Equipment, (b) upon the sale, purchase, possession, lease, ownership, use or use, operation, shipment, transportation or delivery or other disposition thereof, or (c) upon the lease payments, excepting any only income taxes levied on the rental payments made to Lessor. If any report or return for personal property tax is required by law to be filed by Lessor, Lessee shall so notify Lessor may, at its option, collect from Lessee an escrow fee of up prior to 35% of the Equipment cost per month for a tax escrow fund. Lessor may, at its option, pay on Lessee's behalf such taxes and other amounts, file applicable returnsassessment date, and collect full reimbursement plus an administrative fee from LesseeLessee shall promptly reimburse Lessor for personal property taxes paid, including any interest, fines or penalties incurred as a result of late filing if Lessee fails to provide Lessor with the notice required hereby. In addition, Lessee authorizes shall promptly provide Lessor with a copy of any and all filings and tax assessment notices with respect to file at Lessor's option informational financing statements and/or fixture filings without Lessee's signature personal property tax and, if a signature is required by lawLessee fails to do so, Lessor has the right to charge Lessee appoints Lessor as Lessee's attorney-in-fact an assessment of an appropriate amount to execute such statements and filingsinsure against any tax liability. For purposes of any filing, Lessee hereby grants Lessor a security interest in all lease payments and Equipment, and all interest of Lessee therein, and all proceeds and products thereof, but in no case shall this grant or any filing be deemed to contravene a true-lease transaction. The Lessee agrees to pay comply with all state and local laws requiring the filing of ad valorem tax returns relating to the Equipment. Any statements for taxes received by the Lessor a documentation fee shall be promptly forwarded to be billed with the first lease payment to cover account setup and administrative costsLessee. Lessee and any guarantor agrees to reimburse Lessor for reasonable costs incurred in collecting taxes, assessments, or fees for which Lessee is liable, liable and any collection charges charge attributable thereto, including reasonable attorney fees. Lessee agrees that Lessor is entitled to all tax benefits resulting from ownership of the Equipment. Lessee agrees thatLESSEE AGREES TO SHOW THE EQUIPMENT AS "LEASED EQUIPMENT" ON TAX RETURNS, should any such tax benefits be disallowedAND FILE, Lessee shall indemnify Lessor for such loss by paying Lessor an amount equal to the value of the lost benefitsWHEN ALLOWED BY LAW, ALL PERSONAL PROPERTY TAX RETURNS.
Appears in 1 contract
Samples: Master Lease Agreement (Universal Money Centers Inc)