Common use of Taxes, Assessments, Etc Clause in Contracts

Taxes, Assessments, Etc. Tenant will duly and promptly pay as additional rent to Landlord, as the same shall become due and payable and before they become delinquent, all taxes, rates, assessments and other governmental charges, and charges of every kind and nature whatsoever, nonrecurring as well as recurring, special or extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term of the Lease be levied, assessed or imposed, or become due and payable or become liens upon, or arise in connection with the use, occupancy or possession of, or any interest in, the Leased premises, or upon the rents, issues, income and profits therefrom so as to prevent the same from becoming or being an enforceable lien or claim against the property or the interest of Landlord (“Expenses”). Landlord shall apply such payment by Tenant to the payment of such Expenses, but in no event shall Landlord be required to pay such Expenses early or during discount periods. As provided hereinabove, such Expenses shall include all real estate taxes, assessments, water and sewer charges which may become liens upon the Leased premises or any part thereof. If Landlord requests Tenant to pay such Expenses other than to Landlord, Tenant will furnish or cause to be furnished to Landlord within fifteen (15) days of written notice, receipts or other evidence satisfactory to Landlord of the payment of all such Expenses. If Landlord requests in writing, Tenant shall pay to Landlord, or as Landlord may direct, such Expenses in advance in installments as estimated and determined by Landlord, and deposited with Landlord, or as directed by Landlord, for payment of all such Expenses when the same may become due and payable. In case of failure of the Tenant to make any of the payments to be made by Tenant for such Expenses, the Landlord may, but shall not be required to, pay the amount of same, with penalty and interest thereon, if any. The amount so paid by the Landlord, with interest at the rate of ten (10%) percent thereon from the date of payment thereof by the Landlord, shall be added to and become a part of the next installment of rent. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now levied, assessed or imposed (1) a tax, assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom or (2) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based in whole or in part upon the premises and imposed upon the Landlord, or (3) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies or impositions and charges, or the part thereof so measured or based shall be deemed to be included in the general real estate taxes and assessments payable by the Tenant pursuant hereto to the extent that such taxes, assessments, levies, impositions and charges would be payable if the premises were the only property of the Landlord subject thereto, and the Tenant shall pay and discharge the same as herein provided in respect of the payment of general real estate taxes and assessments.

Taxes, Assessments, Etc. Tenant will duly and promptly pay as additional rent Additional Rent to Landlord, as the same shall become due and payable and before they become delinquent, all taxes, rates, assessments and other governmental charges, and charges of every kind and nature whatsoever, nonrecurring as well as recurring, special or extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term of the Lease be levied, assessed or imposed, or become due and payable or become liens upon, or arise in connection with the Tenant’s use, occupancy or possession of, or any interest in, the Leased premisesDemised Premises, or upon the rents, issues, income and profits therefrom so as to prevent the same from becoming or being an enforceable lien or claim against the property or the interest of Landlord (“Expenses”). Landlord shall apply such payment by Tenant to the payment of such Expenses, but in no event Expenses and Landlord shall Landlord be required use its commercially reasonable efforts to pay such Expenses early in order to avail itself of any applicable discounts or during discount periodsotherwise. As provided hereinabove, such Such Expenses shall include all real estate taxes, assessments, governmental assessments water and sewer charges plus applicable sales tax which may become liens upon the Leased premises Demised Premises or any part thereof. If Landlord requests Tenant to pay such Expenses other than to Landlord, Tenant will furnish or cause to be furnished to Landlord within not less than fifteen (15) days prior to the date on which payment of written noticethe same would become delinquent, or subject to penalty or interest, receipts or other evidence satisfactory to Landlord of the payment of all such Expenses. If Landlord requests in writing, Tenant shall pay to Landlord, or as Landlord may direct, such Expenses in advance in installments as estimated and determined by Landlord, and deposited with Landlord, or as directed by Landlord, for payment of all such Expenses when the same may become due and payable. Notwithstanding the foregoing, Tenant shall not be responsible for gross receipts or other taxes incurred by Landlord on the rents received hereunder or by virtue of Landlord’s ownership of the Demised Premises unless it is imposed in lieu of another charge for which Tenant is responsible hereunder. If the Tenant deems excessive or illegal any such Expenses the Tenant may make payment under protest. Any contest, whether before or after payment, may be made in the name of the Landlord or the Tenant or both, with the written consent of the Landlord. If requested by Tenant, Landlord may, but shall not be required to, participate in any such contest, but the Tenant shall be entitled to any refund of any such Expenses, and any penalty or interest thereon which may have been paid by the Tenant, but all costs in connection with such contest shall be borne by the Tenant. In case of failure of the Tenant to make any of the payments to be made by Tenant for such Expenses, the Landlord may, but shall not be required to, pay the amount of same, with penalty and interest thereon, if any. The amount so paid by the Landlord, with interest at the a rate of ten (10%) percent not to exceed Prime plus one thereon from the date of payment thereof by the Landlord, shall be added to and become a part of the next installment of rent. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now levied, assessed or imposed (1) a tax, assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom or (2) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based used in whole or in part upon the premises and imposed upon the Landlord, or (3) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies or impositions and charges, or the part thereof so measured or based shall be deemed to be included in the general real estate taxes and assessments payable by the Tenant pursuant hereto to the extent that such taxes, assessments, levies, impositions and charges would be payable if the premises were the only property of the Landlord subject thereto, and the Tenant shall pay and discharge the same as herein provided in respect of the payment of general real estate taxes and assessments.

Taxes, Assessments, Etc. Tenant will duly and promptly pay as additional rent to Landlord, as the same shall become due and payable and before they become delinquent, all taxes, rates, assessments and other governmental charges, and charges of every kind and nature whatsoever, nonrecurring as well as recurring, special or extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term of the Lease be levied, assessed or imposed, or become due and payable or become liens upon, or arise in connection with the use, occupancy or possession of, or any interest in, the Leased premisesDemised Premises, or upon the rents, issues, income and profits therefrom so as to prevent the same from becoming or being an enforceable lien or claim against the property or the interest of Landlord (“"Expenses”"). Landlord shall apply such payment by Tenant to the payment of such Expenses, but in no event shall Landlord be required to pay such Expenses early or during discount periods. As provided hereinabove, such Such Expenses shall include all real estate taxes, assessments, water and sewer charges which may become liens upon the Leased premises Demised Premises or any part thereof. If Landlord requests Tenant to pay such Expenses other than to Landlord, Tenant will furnish or cause to be furnished to Landlord within not less than fifteen (15) days prior to the date on which payment of written noticethe same would become delinquent, or subject to penalty or interest, receipts or other evidence satisfactory to Landlord of the payment of all such Expenses. If Landlord requests in writing, Tenant shall pay to Landlord, or as Landlord may direct, such Expenses in advance in installments as estimated and determined by Landlord, and deposited with Landlord, or as directed by Landlord, for payment of all such Expenses when the same may become due and payable. Notwithstanding the foregoing, Tenant shall not be responsible for gross receipts or other income taxes incurred by Landlord on the rents received hereunder unless it is imposed in lieu of another charge for which Tenant is responsible hereunder. If the tenant deems excessive or illegal any such Expenses, with the written consent of the Landlord, the Tenant may make payment under protest. Any contest, whether before or after payment, may be made in the name of the Landlord or the Tenant or both, with the written consent of the Landlord. If requested by Tenant, Landlord may, but shall not be required to participate in any such contest, but the Tenant shall be entitled to any refund of any such Expenses, and any penalty or interest thereon which may have been paid by the Tenant, but all costs in connection with such contest shall be borne by the Tenant. In case of failure of the Tenant to make any of the payments to be made by Tenant for such Expenses, the Landlord may, but shall not be required to, pay the amount of same, with penalty and interest thereon, if any. The amount so paid by the Landlord, with interest at the rate of ten (10%) percent thereon from the date of payment thereof by the Landlord, shall be added to and become a part of the next installment of rent. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now levied, assessed or imposed (1) a tax, assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom or (2) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based in whole or in part upon the premises and imposed upon the Landlord, or (3) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies or impositions and charges, or the part thereof so measured or based shall be deemed to be included in the general real estate taxes and assessments payable by the Tenant pursuant hereto to the extent that such taxes, assessments, levies, impositions and charges would be payable if the premises were the only property of the Landlord subject thereto, and the Tenant shall pay and discharge the same as herein provided in respect of the payment of general real estate taxes and assessments.

Taxes, Assessments, Etc. Tenant will duly and promptly pay as additional ------------------------ rent to Landlord, as the same shall become due and payable and before they become delinquent, all taxes, rates, assessments and other governmental charges, and charges of every kind and nature whatsoever, nonrecurring as well as recurring, special or extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term of the Lease be levied, assessed or imposed, or become due and payable or become liens upon, or arise in connection with the use, occupancy or possession of, or any interest in, the Leased premisesDemised Premises, or upon the rents, issues, income and profits therefrom so as to prevent the same from becoming or being an enforceable lien or claim against the property or the interest of Landlord (“"Expenses”"). Landlord shall apply such payment by Tenant to the payment of such Expenses, but in no event shall Landlord be required to pay such Expenses early or during discount periods. As provided hereinabove, such Such Expenses shall include all real estate taxes, assessments, water and sewer charges which may become liens upon the Leased premises Demised Premises or any part thereof. If Landlord requests Tenant to pay such Expenses other than to Landlord, Tenant will furnish or cause to be furnished to Landlord within not less than fifteen (15) days prior to the date on which payment of written noticethe same would become delinquent, or subject to penalty or interest, receipts or other evidence satisfactory to Landlord of the payment of all such Expenses. If Landlord requests in writing, Tenant shall pay to Landlord, or as Landlord may direct, such Expenses in advance in installments as estimated and determined by Landlord, and deposited with Landlord, or as directed by Landlord, for payment of all such Expenses when the same may become due and payable. Notwithstanding the foregoing, Tenant shall not be responsible for gross receipts or other income taxes incurred by Landlord on the rents received hereunder unless it is imposed in lieu of another charge for which Tenant is responsible hereunder. If the Tenant deems excessive or illegal any such Expenses, with the written consent of the Landlord, the Tenant may make payment under protest. Any contest, whether before or after payment, may be made in the name of the Landlord or the Tenant or both, with the written consent of the Landlord. If requested by Tenant, Landlord may, but shall not be required to participate in any such contest, but the Tenant shall be entitled to any refund of any such Expenses, and any penalty or interest thereon which may have been paid by the Tenant, but all costs in connection with such contest shall be borne by the Tenant. In case of failure of the Tenant to make any of the payments to be made by Tenant for such Expenses, the Landlord may, but shall not be required to, pay the amount of same, with penalty and interest thereon, if any. The amount so paid by the Landlord, with interest at the rate of ten (10%) percent thereon from the date of payment thereof by the Landlord, shall be added to and become a part of the next installment of rent. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now levied, assessed or imposed (1) a tax, assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom or (2) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based in whole or in part upon the premises and imposed upon the Landlord, or (3) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies or impositions and charges, or the part thereof so measured or based shall be deemed to be included in the general real estate taxes and assessments payable by the Tenant pursuant hereto to the extent that such taxes, assessments, levies, impositions and charges would be payable if the premises were the only property of the Landlord subject thereto, and the Tenant shall pay and discharge the same as herein provided in respect of the payment of general real estate taxes and assessments.

Taxes, Assessments, Etc. Tenant will duly and promptly pay as additional rent to Landlord, as the same shall become due and payable and before they become delinquent, all taxes, rates, assessments and other governmental charges, and charges of every kind and nature whatsoever, ; nonrecurring as well as recurring, special or extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall or may during the term of the Lease be levied, assessed or imposed, or become due and payable or become liens upon, or arise in connection with the use, occupancy or possession of, or any interest in, the Leased premisesDemised Premises, or upon the rents, issues, income and profits therefrom so as to prevent the same from becoming or being an enforceable lien or claim against the property or the interest of Landlord (“"Expenses”"). Landlord shall apply such payment by Tenant to the payment of such Expenses, but in no event shall Landlord be required to pay such Expenses early or during discount periods. As provided hereinabove, such Such Expenses shall include all real estate taxes, assessments, water and sewer charges which may become liens upon the Leased premises Demised Premises or any part thereof. If Landlord requests Tenant to pay such Expenses other than to Landlord, Tenant will furnish or cause to be furnished to Landlord within not less than fifteen (15) days prior to the date on which payment of written noticethe same would become delinquent, or subject to penalty or interest, receipts or other evidence satisfactory to Landlord of the payment of all such Expenses. If Landlord requests in writing, Tenant shall pay to Landlord, or as Landlord may direct, such Expenses in advance in installments as estimated and determined by Landlord, and deposited with Landlord, or as directed by Landlord, for payment of all such Expenses when the same may become due and payable. Notwithstanding the foregoing, Tenant shall not be responsible for gross receipts or other income taxes incurred by Landlord on the rents received hereunder unless it is imposed in lieu of another charge for which Tenant is responsible hereunder. If the Tenant deems excessive or illegal any such Expenses, with the written consent of the Landlord, the tenant may make payment under protest. Any contest, whether before or after payment, may be made in the name of the Landlord or the Tenant or both, with the written consent of the Landlord. If requested by Tenant, Landlord may, but shall not be required to participate in any such contest, but the Tenant shall be entitled to any refund of any such Expenses, and any penalty or interest thereon which may have been paid by the Tenant, but all costs in connection with such contest shall be borne by the Tenant. In case of failure of the Tenant to make any of the payments to be made by Tenant for such Expenses, the Landlord may, but shall not be required to, pay the amount of same, with penalty and interest thereon, if any. The amount so paid by the Landlord, with interest at the rate of ten (10%) percent thereon from the date of payment thereof by the Landlord, shall be added to and become a part of the next installment of rent. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now levied, assessed or imposed (1) a tax, assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom or (2) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based in whole or in part upon the premises and imposed upon the Landlord, or (3) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies or impositions and charges, or the part thereof so measured or based shall be deemed to be included in the general real estate taxes and assessments payable by the Tenant pursuant hereto to the extent that such taxes, assessments, levies, impositions and charges would be payable if the premises were the only property of the Landlord subject thereto, and the Tenant shall pay and discharge the same as herein provided in respect of the payment of general real estate taxes and assessments.

Taxes, Assessments, Etc. Tenant will duly and promptly shall pay as additional rent to Landlordthe Governing Authority charged with the collection of same, as before the same shall become due and payable and before they become delinquent, and shall indemnify and hold Landlord harmless from, all taxestaxes (other than an increase in tax attributable to a change in ownership of the Land), ratesassessments, assessments and other governmental chargeslicense fees, excises, imposts, and charges of every kind and nature whatsoever, nonrecurring as well as recurring, special or extraordinary as well as ordinarysort, foreseen and unforeseenunforeseen (the "Impositions"), and each and every installment thereof, which shall or may that during the term Term of the this Lease shall be levied, assessed or imposedassessed, charged, or become due imposed upon the Demised Premises, with such taxes for the first and payable last years of the Term to be prorated between Landlord and Tenant based on the number of days in the applicable tax year the Land is leased by Tenant. Any Imposition that may be paid, according to applicable law, over a period of time may be paid by Tenant over that period of time with any interest therein to be paid by Tenant. Tenant shall not have the obligation, however, to pay any income, capital gain or become liens upon, or arise in connection with the use, occupancy or possession offranchise tax, or any interest intax imposed on rentals and revenues received by Landlord hereunder that may be payable by Landlord under any existing or future tax law of the United States or any other country or of the State of California or any subdivision thereof; provided, however, that Tenant shall be responsible for the Leased premisespayment of any future tax levied in lieu of ad valorem property taxes on the Land. If any Imposition shall be deemed by Tenant to be improper, illegal, or upon excessive, Tenant may, at its sole cost and expense (in its own name or in the rentsname of Landlord or both, issuesas may be necessary), income dispute and profits therefrom so as to prevent contest the same from becoming in good faith and with due diligence, and in such case such items need not be paid until adjudged to be valid. Upon being adjudged valid, Tenant may continue to contest same; provided, however, prior thereto, Tenant shall first post bond or being an enforceable lien other security equal to that amount determined to be due and owing in such adjudication, to be applied by Tenant, or claim against the property failing to do so, by Landlord, in satisfaction of such amount should such adjudication not be reversed or the interest . case be remanded for further proceedings upon termination of Landlord (“Expenses”)appeal. Unless so contested by Tenant, all Impositions shall be paid by Tenant within the time provided by law; and, if contested, any such Imposition shall be paid before the issuance of execution based on final judgment. Landlord shall apply cooperate with Tenant in any such payment by Tenant to the payment of such Expensesdispute or contest, but in no event shall Landlord be required to pay such Expenses early or during discount periods. As provided hereinabove, such Expenses shall include all real estate taxes, assessments, water at Tenant's sole cost and sewer charges which may become liens upon the Leased premises or any part thereof. If Landlord requests Tenant to pay such Expenses other than to Landlord, Tenant will furnish or cause to be furnished to Landlord within fifteen (15) days of written notice, receipts or other evidence satisfactory to Landlord of the payment of all such Expenses. If Landlord requests in writing, Tenant shall pay to Landlord, or as Landlord may direct, such Expenses in advance in installments as estimated and determined by Landlord, and deposited with Landlord, or as directed by Landlord, for payment of all such Expenses when the same may become due and payable. In case of failure of the Tenant to make any of the payments to be made by Tenant for such Expenses, the Landlord may, but shall not be required to, pay the amount of same, with penalty and interest thereon, if any. The amount so paid by the Landlord, with interest at the rate of ten (10%) percent thereon from the date of payment thereof by the Landlord, shall be added to and become a part of the next installment of rent. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a supplement to or a substitute for the whole or any part of the real estate taxes or assessments now levied, assessed or imposed (1) a tax, assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom or (2) a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by or based in whole or in part upon the premises and imposed upon the Landlord, or (3) a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies or impositions and charges, or the part thereof so measured or based shall be deemed to be included in the general real estate taxes and assessments payable by the Tenant pursuant hereto to the extent that such taxes, assessments, levies, impositions and charges would be payable if the premises were the only property of the Landlord subject thereto, and the Tenant shall pay and discharge the same as herein provided in respect of the payment of general real estate taxes and assessmentsexpense.