Common use of TAXES, ASSESSMENTS AND UTILITIES Clause in Contracts

TAXES, ASSESSMENTS AND UTILITIES. Section 5.01: Lessee agrees to pay to Lessor its proportionate share of all taxes and assessments which have been or may be levied or assessed by any lawful authority, for any calendar year during the term hereof against the land and buildings presently and/or at any time during the term of this Lease comprising AIRSIDE COMMERCE PARK. Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject to the City of Orlando ad valorem tax levy. Lessee's proportionate share shall be equal. to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises, and the denominator of which shall be the total number of square feet of net constructed leasable floor area in Airside Commerce Park, plus fifteen percent (15%) administration fee. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida or any political subdivision thereof or any governmental authority having jurisdiction thereover, upon, against or with respect to the rentals payable by tenants in Airside Commerce Park or with respect to the Lessor's, or the individuals' or entities' which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the Lease comprising the AIRSIDE COMMERCE PARK, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, or in addition thereto, or any other tax or assessment assessed by any proper taxing authority on Lessor's leasehold interest or on any improvements on such leasehold interest, shall be deemed to constitute a tax and/or assessment against such land and such buildings for the purpose of this Section and Lessee shall be obligated to pay its proportionate share thereof as provided herein. In addition, Lessee shall also be obligated to pay any sales tax or any other tax imposed by any governmental authority on the payment by Lessee or on the receipt by Lessor of any and all payments from Lessee. If the sales tax or any other tax is separately assessed, then Lessee shall pay that amount imposed on the individual payments of Lessee, if the sales tax or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-herein. All costs and expenses incurred by Lessor in connection with negotiations for, or contests, (including litigation) of the amount of the taxes shall be included within the term taxes.

TAXES, ASSESSMENTS AND UTILITIES. Section 5.014.01: Lessee agrees to pay to Lessor its proportionate share of all taxes and assessments which have been or may be levied or assessed by any lawful authority, for any calendar year during the term hereof hereof, against the land and buildings Leased Premises presently and/or at any time during the term of this Lease comprising AIRSIDE COMMERCE PARK. Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject to the City of Orlando ad valorem tax levyBuilding. Lessee's proportionate share shall be equal. equal to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises, and the denominator of which shall be the total number of square feet of net constructed leasable floor area in Airside Commerce Park, plus fifteen percent (15%) administration feethe Building. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida Michigan or any political subdivision thereof or any governmental authority having jurisdiction thereover, there over upon, against or with respect to the rentals payable by tenants in Airside Commerce Park the Building to Lessor or on the income of Lessor derived from the Building or with respect to the Lessor's, or the individuals' individuals or entities' entities which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the this Lease comprising the AIRSIDE COMMERCE PARKBuilding, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, or in addition thereto, or any other tax or assessment assessed by any proper taxing authority on Lessor's leasehold interest or on any improvements on such leasehold interest, shall be deemed to constitute a tax and/or assessment against such 'land and such buildings for the purpose of this Section and Section, and' Lessee shall be obligated to pay its proportionate share thereof as provided herein. In addition, Lessee shall also be obligated to pay any sales tax or any other tax imposed by any governmental authority on the payment payments by Lessee or on the receipt by Lessor of any and all payments from Lessee. If the sales tax or any other tax is separately assessed, then Lessee shall pay that amount imposed on the individual payments of Lessee, ; if the sales tax or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-provided herein. All costs and expenses incurred by Lessor in connection with negotiations for, or contests, (including litigation) of the amount of the taxes shall be included within the term taxes.

TAXES, ASSESSMENTS AND UTILITIES. Section 5.01: Lessee agrees to For the Term, Landlord shall be obligated for and shall pay to Lessor its proportionate share of all personal property or real property taxes and assessments which have been or may be levied or assessed by any lawful authority, for any calendar year during the term hereof against the land and buildings presently and/or at any time during the term of this Lease comprising AIRSIDE COMMERCE PARK. Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject to the City of Orlando ad valorem tax levy. Lessee's proportionate share shall be equal. to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises, Premises and the denominator of which shall be the total number of square feet of net constructed leasable floor area in Airside Commerce ParkLand, plus fifteen percent (15%) administration fee. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida or any political subdivision thereof or any governmental authority having jurisdiction thereover, upon, against or with respect to the rentals payable by tenants in Airside Commerce Park or with respect to the Lessor's, or the individuals' or entities' which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the Lease comprising the AIRSIDE COMMERCE PARK, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, or in addition thereto, or any other tax or assessment assessed by any proper taxing authority on Lessor's leasehold interest or on any improvements on such leasehold interest, shall be deemed to constitute a tax and/or assessment against such land and such buildings for the purpose of this Section and Lessee except that Tenant shall be obligated to pay any personal property taxes levied against the Project for the portion of the first calendar year beginning after the Commercial Operations Date and for all calendar years thereafter during the Term. If Landlord is assessed any taxes related to the existence of the Project on the Leased Premises, Landlord shall immediately notify Tenant. Landlord and Tenant shall cooperate in contesting any such assessment at Landlord’s sole cost and expense; provided that Landlord shall pay such taxes to avoid any penalties or interest on such taxes, subject to reimbursement by Xxxxxx. If after the resolution of the matter, such tax is found to be properly imposed upon Tenant, Tenant shall reimburse Landlord for such tax upon written notice by Xxxxxxxx. For the avoidance of all doubt, in no event shall Tenant be required to pay, directly or indirectly, any inheritance, estate, or profit taxes that are or may be imposed upon Landlord, its proportionate share thereof as provided hereinsuccessors or assigns, and in all events Landlord shall be responsible to pay that portion of the real property taxes, if any, assessed with respect to the value of any improvements on the Land located outside the Leased Premises and not constructed by or on behalf of Tenant. In addition. Further, Lessee notwithstanding any other provision of this Section 4.2, Tenant shall also not be obligated to pay for (i) any sales tax income taxes attributable to Landlord; or (ii) any other tax imposed by any governmental authority on increase in the payment by Lessee or on the receipt by Lessor of any and all payments from Lessee. If the sales tax or any other tax is separately assessed, then Lessee shall pay that amount imposed on the individual payments of Lessee, if the sales tax or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-herein. All costs and expenses incurred by Lessor in connection with negotiations for, or contests, (including litigation) assessed value of the amount of the taxes shall be included within the term taxesLeased Premises for tax purposes.

TAXES, ASSESSMENTS AND UTILITIES. Section 5.014.01: Lessee agrees to pay to Lessor its proportionate share of all taxes and assessments which have been or may be levied or assessed by any lawful authority, for any calendar year during the term hereof hereof, against the land and buildings Leased Premises presently and/or at any time during the term of this Lease comprising AIRSIDE COMMERCE PARK. Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject to the City of Orlando ad valorem tax levyBuilding. Lessee's proportionate share shall be equal. equal to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises, and the denominator of which shall be the total number of square feet of net constructed leasable floor area in Airside Commerce Park, plus fifteen percent (15%) administration feethe Building. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida Michigan or any political subdivision thereof or any governmental authority having jurisdiction thereover, there over upon, against or with respect to the rentals payable by tenants in Airside Commerce Park the Building to Lessor or on the income of Lessor derived from the Building or with respect to the Lessor's, or the individuals' individuals or entities' entities which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the this Lease comprising the AIRSIDE COMMERCE PARKBuilding, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, or in addition thereto, or any other tax or assessment assessed by any proper taxing authority on Lessor's leasehold interest or on any improvements on such leasehold interest, shall be deemed to constitute a tax and/or assessment against such land and such buildings for the purpose of this Section Section, and Lessee shall be obligated to pay its proportionate share thereof as provided herein. In addition, Lessee shall also be obligated to pay any sales tax or any other tax imposed by any governmental authority on the payment payments by Lessee or on the receipt by Lessor of any and all payments from Lessee. If the sales tax or any other tax is separately assessed, then Lessee shall pay that amount imposed on the individual payments of Lessee, ; if the sales tax or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-provided herein. All costs and expenses incurred by Lessor in connection with negotiations for, or contests, (including litigation) of the amount of the taxes shall be included within the term taxes.

TAXES, ASSESSMENTS AND UTILITIES. Section 5.014.01: Lessee agrees to pay to Lessor its proportionate share of all taxes and assessments which have been or may be levied or assessed by any lawful authority, for any calendar year during the term hereof hereof, against the land and buildings Leased Premises presently and/or at any time during the term of this Lease comprising AIRSIDE COMMERCE PARK. Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject to the City of Orlando ad valorem tax levyBuilding. Lessee's proportionate share shall be equal. equal to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises, and the denominator of which shall be the total number of square feet of net constructed leasable floor area in Airside Commerce Park, plus fifteen percent (15%) administration feethe Building. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida Michigan or any political subdivision thereof or any governmental authority having jurisdiction thereover, there over upon, against or with respect to the rentals payable by tenants in Airside Commerce Park the Building to Lessor or on the income of Lessor derived from the Building or with respect to the Lessor's, or the individuals' individuals or entities' entities which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the this Lease comprising the AIRSIDE COMMERCE PARKBuilding, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, or in addition thereto, or any other tax or assessment assessed by any proper taxing authority on Lessor's leasehold interest or on any improvements on such leasehold interest, shall be deemed to constitute a tax and/or assessment against such land and such buildings for the purpose of this Section Section, and Lessee shall be obligated to pay its proportionate share thereof as provided herein. In addition, Lessee shall also be obligated to pay any sales tax or any other tax imposed by any governmental authority on the payment payments by Lessee or on the receipt by Lessor of any and all payments from Lessee. If the sales tax or any other tax is separately assessed, then Lessee shall pay that amount imposed on the individual payments of Lessee, ; if the sales tax or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-provided herein. All costs and expenses incurred by Lessor in connection with negotiations for, or contests, 5745 (including litigationLessee's square feet) / 28,776 (square feet of the amount of the taxes shall be included within the term taxes.building) = .1996 (Lessee's share)

TAXES, ASSESSMENTS AND UTILITIES. Section 5.01: 4.01 Lessee agrees to pay to Lessor its proportionate share pay, as the same shall become due, all ad valorem taxes and assessments, general and special, and all other government impositions which may be levied upon or levied against the leased premises or any part thereof until the termination of all the original term and of any extended term of this Lease. The property taxes and assessments which have been for the first and last year of the original term or any extended term, as the case may be, shall be levied or assessed by any lawful authority, prorated between Lessor and Lessee so that Lessee will be responsible for any calendar year during the term hereof against the land and buildings presently and/or at any time during the term of this Lease comprising AIRSIDE COMMERCE PARK. Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" such tax or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject assessment attributable to the City of Orlando ad valorem tax levy. Lessee's proportionate share shall be equal. to period during which Lessee has Lease obligations for the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises, and the denominator of which shall be the total number of square feet of net constructed leasable floor area in Airside Commerce Park, plus fifteen percent (15%) administration feeleased premises. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida or any political subdivision thereof or any governmental authority having jurisdiction thereoverassessed, upon, against or with respect to the rentals payable by tenants in Airside Commerce Park or with respect to the Lessor's, or the individuals' or entities' which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the Lease comprising the AIRSIDE COMMERCE PARK, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for or in lieu of all or any part of the taxes and assessments levied or assessed against such land and such buildingsthe leased premises or any part thereof by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over upon, against or with respect to the rentals payable by Lessee to Lessor or on the income of Lessor derived from the leased premises or with respect to the Lessor's, or in addition theretothe individuals or entities which form the Lessor herein, or any other tax or assessment assessed by any proper taxing authority on Lessor's leasehold interest or on any improvements on such leasehold interestownership of the leased premises, shall be deemed to constitute a tax and/or assessment against such land and such buildings the leased premises for the purpose of this Section and Lessee shall be obligated to pay its proportionate share thereof as provided hereinthose taxes. In additionNotwithstanding anything contained herein to the contrary, Lessee Lessee's obligation hereunder shall also be obligated to pay any sales tax or any other tax imposed by any governmental authority on not include the payment of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed on or against or with respect to the rentals payable by Lessee or on to Lessor, except to the receipt by Lessor of any and all payments from Lessee. If the sales tax or any other extent that such tax is separately assessedassessed in lieu of or in substitution for existing ad valorem taxes on real property which are hereafter modified, then Lessee shall pay that amount imposed on the individual payments of Lessee, if the sales tax abolished or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-herein. All costs and expenses incurred by Lessor repealed in connection with negotiations for, whole or contests, (including litigation) of the amount of the taxes shall be included within the term taxesin part.

TAXES, ASSESSMENTS AND UTILITIES. Section 5.01: Lessee agrees to For the Term, Landlord shall be obligated for and shall pay to Lessor its proportionate share of all personal property or real property taxes and assessments which have been or may be levied or assessed by any lawful authority, for any calendar year during the term hereof against the land and buildings presently and/or at any time during the term of this Lease comprising AIRSIDE COMMERCE PARK. Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject to the City of Orlando ad valorem tax levy. Lessee's proportionate share shall be equal. to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises, Premises and the denominator of which shall be the total number of square feet of net constructed leasable floor area in Airside Commerce ParkLand, plus fifteen percent (15%) administration fee. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida or any political subdivision thereof or any governmental authority having jurisdiction thereover, upon, against or with respect to the rentals payable by tenants in Airside Commerce Park or with respect to the Lessor's, or the individuals' or entities' which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the Lease comprising the AIRSIDE COMMERCE PARK, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, or in addition thereto, or any other tax or assessment assessed by any proper taxing authority on Lessor's leasehold interest or on any improvements on such leasehold interest, shall be deemed to constitute a tax and/or assessment against such land and such buildings for the purpose of this Section and Lessee except that Tenant shall be obligated to pay any personal property taxes levied against the Project for the portion of the first calendar year beginning after the Commercial Operations Date and for all calendar years thereafter during the Term. If Landlord is assessed any taxes related to the existence of the Project on the Leased Premises, Landlord shall immediately notify Tenant. Landlord and Tenant shall cooperate in contesting any such assessment at Landlord’s sole cost and expense; provided that Landlord shall pay such taxes to avoid any penalties or interest on such taxes, subject to reimbursement by Tenant. If after the resolution of the matter, such tax is found to be properly imposed upon Tenant, Tenant shall reimburse Landlord for such tax upon written notice by Landlord. For the avoidance of all doubt, in no event shall Tenant be required to pay, directly or indirectly, any inheritance, estate, or profit taxes that are or may be imposed upon Landlord, its proportionate share thereof as provided hereinsuccessors or assigns, and in all events Landlord shall be responsible to pay that portion of the real property taxes, if any, assessed with respect to the value of any improvements on the Land located outside the Leased Premises and not constructed by or on behalf of Tenant. In addition. Further, Lessee notwithstanding any other provision of this Section 4.2, Tenant shall also not be obligated to pay for (i) any sales tax income taxes attributable to Landlord; or (ii) any other tax imposed by any governmental authority on increase in the payment by Lessee or on the receipt by Lessor of any and all payments from Lessee. If the sales tax or any other tax is separately assessed, then Lessee shall pay that amount imposed on the individual payments of Lessee, if the sales tax or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-herein. All costs and expenses incurred by Lessor in connection with negotiations for, or contests, (including litigation) assessed value of the amount of the taxes shall be included within the term taxesLeased Premises for tax purposes.