Common use of Taxes, Assessments and Utility Charges Clause in Contracts

Taxes, Assessments and Utility Charges. Section 8.01. Landlord and Tenant agree that Landlord shall provide and/or pay for any services as set forth herein (but expressly excluding all utilities). Landlord will pay when due all taxes, use and occupancy taxes, assessments and levies, whether general or special, ordinary or extraordinary, of every nature or kind whatsoever, (excluding water, sewer, gas and electric rates which are Tenant's sole responsibility), which may be taxed, charged, assessed, levied or imposed at any time or from time to time during the Term of this Lease (including taxes for the tax year in which such term begins) by the State, any political subdivision thereof or any governmental or quasi-governmental body having jurisdiction thereover, upon or against (i) this Lease; (ii) the Premises or the occupancy, use or possession thereof; or (iii) any estate, right, title or interest of Landlord and of Tenant or of either of them in or to the Premises. Tenant shall pay to Landlord, Tenant’s Proportionate Share of such taxes, etc. It is agreed, however, that (a) taxes for the years in which the commencement and the termination of this Lease occur shall be prorated, and Tenant shall be required to pay as its prorated share only that portion of the taxes levied for the period of the taxable year for which this Lease shall have been in effect, and (b) Tenant shall not be obligated to pay any installment of any special assessment which may be levied, assessed or confirmed during the Term, but which does not fall due and is not required to be paid until after its termination, unless the special assessment is attributable to Tenant's use, occupancy or possession of the Premises. All amounts payable by Tenant hereunder may be collectible by Landlord as though the same were Additional Rent hereunder.

Taxes, Assessments and Utility Charges. Section 8.01. Landlord and Tenant agree that Landlord shall provide and/or pay for any services as set forth herein (but expressly excluding all utilities). Landlord will pay when due all taxes, use and occupancy taxes, assessments and levies, whether general or special, ordinary or extraordinary, of every nature or kind whatsoever, (excluding water, sewer, gas and electric rates which are Tenant's sole responsibility), which may be taxed, charged, assessed, levied or imposed at any time or from time to time during the Term of this Lease (including taxes for the tax year in which such term begins) by the State, any political subdivision thereof or any governmental or quasi-governmental body having jurisdiction thereover, upon or against (i) this Lease; (ii) the Premises or the occupancy, use or possession thereof; or (iii) any estate, right, title or interest of Landlord and 7.1 Obligations of Tenant or of either of them in or to the Premises- Taxes. Tenant shall pay as additional rent all Taxes imposed with respect to Landlordthe demised premises or any portion thereof, Tenant’s Proportionate Share 's interest therein, and/or property of such Tenant located thereon or therein, which are attributable to any period beginning with the date of commencement of this Lease and until the end of the term as the same may be extended from time to time. As used herein the term Taxes shall mean: All taxes, etc. It is agreedassessments, rates, charges, betterments, excises, levies, license and permit fees, and all other governmental charges, or impositions, general and special, ordinary and extraordinary, unforeseen and foreseen, of any kind and nature whatsoever which at any time may be assessed, levied, confirmed, imposed upon, become due and payable out of or in respect of, or becoming a lien on the demised premises, or any part thereof or any appurtenance thereto, or upon any lease, rent, use or occupation of the demised premises, or any part thereof or any facilities associated therewith, and such franchises as may be appurtenant to the use thereof; excluding, however, that (a) general federal and state income, death, gift or transfer taxes for the years in which the commencement and the termination of this Lease occur shall Landlord. Should any such Taxes be prorateddetermined with respect to rents or Tenant's use and/or occupancy, and Tenant shall be required to pay as its prorated share only that portion of the taxes levied responsible for the period entire amount of the taxable year for such Tax which this Lease shall have been in effect, and (b) Tenant shall not be obligated is determined with respect to pay any installment of any special assessment which may be levied, assessed rents or confirmed during the Term, but which does not fall due and is not required to be paid until after its termination, unless the special assessment is attributable to Tenant's use, occupancy or possession of the Premises. All amounts payable by Tenant hereunder may be collectible by Landlord as though the same were Additional Rent hereunderuse and/or occupancy.

Taxes, Assessments and Utility Charges. Section 8.01. Landlord Lessor and Tenant Lessee agree that Landlord shall Lessor is under no obligation to provide and/or pay for any services as set forth herein (but expressly excluding all services, including any utilities). Landlord will pay when due all , and taxes, use and occupancy including personal property taxes, assessments and levies, whether general or special, ordinary or extraordinary, of every nature or kind whatsoever, (excluding water, sewer, gas and electric rates which are Tenant's sole responsibility), whatsoever which may be taxed, charged, assessed, levied or imposed at any time or from time to time during the Term term of this Lease (including taxes for the tax year in which such term begins) by the State, any political subdivision thereof or any governmental or quasi-governmental body having jurisdiction thereover, upon or against against: (i) this Lease; (ii) the Premises or the occupancy, use or possession thereof; or (iiiii) any estate, right, title or interest of Landlord Lessor and of Tenant Lessee or of either of them in or to the Premises. Tenant shall pay to Landlord, Tenant’s Proportionate Share of such taxes, etc. It is agreed, however, that (ax) taxes for the years in which the commencement and the termination of this Lease occur shall be prorated, and Tenant Lessee shall be required to pay as its prorated share only that portion of the taxes levied for the period of the taxable year for which this Lease shall have been in effect, and (by) Tenant Lessee shall not be obligated to pay any installment of any special assessment which may be levied, assessed or confirmed during the Term, but which does not fall due and is not required to be paid until after its termination, unless the special assessment is attributable to TenantLessee's use, occupancy or possession of the Premises. All amounts payable by Tenant hereunder Lessee but not paid when due may be paid by Lessor and collectible by Landlord Lessor as though the same were Additional Rent hereunder. Section 8.02. Nothing contained herein shall be construed to require Lessee to pay any transfer, estate, inheritance, succession, or gift tax or taxes imposed in respect of any devise or gift of any interest of Lessor or it successors or assigns in the Premises, nor nay income tax imposed in respect of Lessor's income from the Premises. Section 8.03. Except as permitted by Section 8.04 the taxes, assessments and other impositions to be paid by Lessee in this Article VIII shall be paid before any delinquency can occur therein or in any part or installment thereof, and certificates of payment shall be delivered to Lessor upon request. Section 8.04. Both Lessor and Lessee shall have the right to contest the legality or validity of any of the taxes, assessments or other impositions herein provided to be paid by Lessee, but no such contest shall be carried on or maintained by Lessee after the time limit for the payment of any such taxes, assessments or other impositions unless Lessee as its option, (i) shall pay the amount involved under protest; or (ii) shall procure and maintain a stay of all proceedings to enforce any collection of such taxes, assessments or other impositions, together with all penalties, interest, costs and expenses, by a deposit of a sufficient sum of money or by such undertaking as may be required or permitted by law to accomplish such stay; or (iii) shall deposit with Lessor, or a Mortgagee, as security for the performance by Lessee of its obligations hereunder with respect to such taxes, assessments or other impositions, such reasonable security which will not be less than the amount of the taxes, assessments or other impositions, then due as may be demanded by Lessor or a Mortgagee to ensure payment of such contested taxes, assessments or other impositions and all penalties, interest costs and expenses which may accrue during the period of the contest. In the event any such contest id made by Lessee, then, within thirty (30) days after final determination thereof, Lessee shall fully pay and discharge the amount determined in or by any such contest, together with all penalties, fines, interest, costs or expenses that may have accrued thereon or that may have result from any such action by Lessee, whereupon Lessor shall return to Lessee all amounts, if any, deposited by Lessee in accordance with the provisions hereof. Section 8.05. Lessor will promptly deliver to Lessee any and all tax notices or assessments which it may receive relating to the Premises. ARTICLE IX.

Taxes, Assessments and Utility Charges. Section 8.01. Landlord Lessor and Tenant Lessee agree that Landlord shall Lessor is under no obligation to provide and/or and/oi pay for any services as set forth herein (but expressly excluding all services, including any utilities), related to Lessee's use and occupancy of the Premises. Landlord Lessee will pay when due all utilities and taxes, use and occupancy including personal property taxes, assessments and levies, whether general or special, ordinary or extraordinary, of every nature or kind whatsoever, (excluding water, sewer, gas and electric rates which are Tenant's sole responsibility), whatsoever which may be taxed, charged, assessed, levied or imposed at any time or from time to time during the Term of this Lease (including taxes for the tax year in which such term begins) by the State, any political subdivision thereof or any governmental or quasi-governmental body having jurisdiction thereover, upon or against against: (i) this Lease; (ii) the Premises or the occupancy, use or possession thereof; or (iiiii) any estate, right, title or interest of Landlord Lessor and of Tenant Lessee or of either of them in or to the Premises. Tenant shall pay to Landlord, Tenant’s Proportionate Share of such taxes, etc. It is agreed, however, that (ai) taxes for the years in which the commencement and the termination of this Lease occur shall be prorated, and Tenant Lessee shall be required to pay as its prorated share only that portion of the taxes levied for the period of the taxable year for which this Lease shall have been in effect, and (bii) Tenant Lessee shall not be obligated to pay any installment of any special assessment which may be levied, assessed or confirmed during the Term, but which does not fall due and is not required to be paid until after its terminationTermination, unless the special assessment is attributable to TenantLessee's use, occupancy or possession of the Premises. All amounts payable by Tenant hereunder Lessee but not paid when due may be paid by Lessor and collectible by Landlord Lessor as though the same were Additional Rent hereunder.