Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 14 contracts
Samples: Lease Agreement (Juniper Networks Inc), Lease Agreement (Vantive Corp), Lease (Aviron)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 5 contracts
Samples: Office Lease (Cortina Systems Inc), Office Lease (PMC Sierra Inc), Lease Agreement (Atheros Communications Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and the Landlord’s full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 4 contracts
Samples: Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Lexar Media Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Leasepersonal property located at the Property, Tenant's ownership of property, any improvements made by or alterations Tenant makes to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for and Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources interest in this Lease (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid. Notwithstanding the foregoing, Tenant shall have the right before any delinquency occurs to contest or object to the amount or validity of any of the taxes or impositions referred to in this Paragraph 13.1 by appropriate legal proceedings, provided that such right shall in no way be construed in any way as relieving, modifying, or extending Tenant's covenant to pay such taxes and impositions at the time and manner required by this Paragraph 13.1. Landlord shall not be required to join in any such proceedings and Landlord shall not be subjected to any liability for the payment of any costs or expenses in connection with such proceedings brought by Tenant, and Tenant covenants to indemnify and save Landlord harmless from any such costs and expenses.
Appears in 4 contracts
Samples: Lease Agreement (Jazz Semiconductor Inc), Lease Agreement (Jazz Semiconductor Inc), Lease Agreement (Jazz Semiconductor Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 4 contracts
Samples: Sublease (Gigamon Inc.), Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Switch & Data, Inc.)
Taxes on Tenant’s Property. (1) Tenant shall be liable for and shall pay ten (10) days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(2) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the Real Property Taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12A(i), above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 3 contracts
Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)
Taxes on Tenant’s Property. 9.1. Tenant shall pay before delinquency be solely responsible for the payment of any and all taxes, assessments, license fees, use fees, permit fees taxes levied upon (a) personal property and public charges of whatever nature trade fixtures located at the Premises and (b) any gross or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason net receipts of or based upon sales by Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant and shall pay the same at least twenty (20) days prior to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsdelinquency.
9.2. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord’s property or, Landlord's property, the Building or the Property, or if the assessed value valuation of the Building or the Property is increased by the inclusion therein of a value placed upon attributable to Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes’s personal property or trade fixtures, and if not paid and satisfactory evidence Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed value of payment delivered to Landlord at least ten days prior to delinquencythe Building or the Property, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
9.3. Tenant shall also pay to the appropriate federal, state, regional, local or municipal governmental authority, agency or subdivision (“Governmental Authority”), before any penalties or fines are assessed, any use and occupancy tax in connection with the Premises. In the event Landlord is required by law to collect such tax, Tenant shall pay such use and occupancy tax to Landlord as Additional Rent within the earlier to occur of ten (a) thirty (3010) days of demand and Landlord shall remit any amounts so paid to Landlord to the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth appropriate Governmental Authority in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Leasetimely fashion. Tenant shall have also pay to Landlord the right applicable state sales, rent or similar tax, if any, on all Rent simultaneously with the payment by Tenant of the Rent as otherwise required by Applicable Law. If Tenant is entitled to bring suit in an exemption from any court such use and occupancy tax or sales, rent or similar tax, Tenant shall deliver to Landlord prior to the Rent Commencement Date a copy of competent jurisdiction to recover the certification, permit or other written evidence from the taxing appropriate governmental authority confirming that Tenant is exempt therefrom and all annual updates thereto such that Landlord can at all times during the amount Term of this Lease confirm that Tenant is entitled to such exemption and upon any failure to do so, Tenant shall pay before any penalties or fines are assessed to the appropriate governmental authority any use and occupancy or sales, rent or similar tax in connection with the Premises, or in the event Landlord is required by law to collect such taxestax, assessments, fees or public charges so paidTenant shall pay such tax to Landlord as Additional Rent within twenty (20) days of demand.
Appears in 3 contracts
Samples: Lease (Carisma Therapeutics Inc.), Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside AreasPremises, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by LandlordLandlord if Landlord suspects that such payments have not been made by Tenant, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building Leased Premises or the Propertyany portion thereof, or if the assessed value of the Building Leased Premises or the Property any portion thereof is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same. If Tenant shall not have paid such taxes then Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 3 contracts
Samples: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 3 contracts
Samples: Lease Agreement (Cosine Communications Inc), Lease Agreement (Cosine Communications Inc), Lease Agreement (Cosine Communications Inc)
Taxes on Tenant’s Property. (1) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(2) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the Real Property Taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12A(i), above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other spaces in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 3 contracts
Samples: Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc), Lease Agreement (Intuit Inc)
Taxes on Tenant’s Property. 10.1. Tenant shall pay before delinquency be solely responsible for the payment of any and all taxes, assessments, license fees, use fees, permit fees taxes levied upon (a) personal property and public charges of whatever nature trade fixtures located at the Premises and (b) any gross or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason net receipts of or based upon sales by Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant and shall pay the same at least twenty (20) days prior to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsdelinquency.
10.2. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building, the Property or the Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, Landlord's propertyafter written notice to Tenant, pays the Building or the Property, or if taxes based upon any such increase in the assessed value of the Building Building, the Property or the Property Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord; provided that, if Tenant is increased by the inclusion therein contesting such levy and such contest is finally determined (beyond all applicable appeal periods) in favor of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have return such amount to Tenant, but only to the right extent such amounts are actually received by Landlord from the applicable Governmental Authority.
10.3. If any improvements in or alterations to require the Premises, whether owned by Landlord or Tenant and whether or not affixed to pay such taxesthe real property so as to become a part thereof, and if not paid and satisfactory evidence of payment delivered are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord at least ten days prior to delinquencyLandlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building, the Property or the Project by reason of such excess assessed valuation shall have be deemed to be taxes levied against personal property of Tenant and shall be governed by the right provisions of Section 10.2. Any such excess assessed valuation due to pay such taxes on Tenant's behalf and improvements in or alterations to invoice Tenant for space in the sameProject leased by other tenants at the Project shall not be included in Operating Expenses. Tenant shall, within If the earlier to occur of (a) thirty (30) days records of the date it receives an invoice from Landlord setting forth applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether such Tenant improvements or alterations are assessed at a higher valuation than the amount of Building Standard, then such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period records shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidbinding on both Landlord and Tenant.
Appears in 3 contracts
Samples: Lease (Zentalis Pharmaceuticals, Inc.), Lease (Zentalis Pharmaceuticals, LLC), Lease (Zentalis Pharmaceuticals, LLC)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 3 contracts
Samples: Lease Agreement (Cosine Communications Inc), Lease Agreement (Cosine Communications Inc), Lease Agreement (Cosine Communications Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Common Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Common Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building Building, the Property, or the PropertyProject, or if the assessed value of the Building Building, the Property, or the Property Project is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten (10) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 2 contracts
Samples: Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Palo Alto Networks Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon demand 10 days following notice by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquencysame, then Landlord Landlord, after giving written notice to Tenant, shall have the right to pay such taxes taxes, assessment, fee or public charge and xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and the Landlord's full cooperation to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 2 contracts
Samples: Industrial Space Lease (Atroad Inc), Industrial Space Lease (Atroad Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, ; improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside AreasPremises, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 2 contracts
Samples: Industrial Space Lease (Asyst Technologies Inc /Ca/), Industrial Space Lease (Asyst Technologies Inc /Ca/)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Common Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Common Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten (10) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 2 contracts
Samples: Lease Agreement (Biolase, Inc), Short Term Lease (Echelon Corp)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside AreasPremises, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said thirty (30) day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 2 contracts
Samples: Industrial Lease (Quantenna Communications Inc), Industrial Lease (Quantenna Communications Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's propertyproperty related to the Property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoiceinvoice (which shall be no earlier than ten (10) days after receipt by Tenant), pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 2 contracts
Samples: Lease Agreement (Adept Technology Inc), Lease Agreement (Adept Technology Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amounts so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 2 contracts
Samples: Lease Agreement (Saba Software Inc), Lease Agreement (Saba Software Inc)
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of taxes so levied against Landlord, or the date it receives an invoice from Landlord setting forth the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If the due date Tenant Improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Tenant Improvements conforming to Landlord’s “Project Standard,” in other space in the Project are assessed, then the real property taxes and assessment levied against the Project by reason of such invoiceexcess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 10(a), pay above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant Improvements are assessed at a higher valuation than Landlord’s Project Standard, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as Additional Renta basis for making said determination, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidused.
Appears in 2 contracts
Samples: Office Lease (Rimini Street, Inc.), Office Lease (Rimini Street, Inc.)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten (10) days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about in the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessments, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereto, are assessed for real property tax purposes at a valuation higher than the valuation to which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12B(a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 2 contracts
Samples: Lease Agreement (Ipass Inc), Lease Agreement (Ipass Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, . Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, . Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 2 contracts
Samples: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside AreasPremises, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord’s full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 2 contracts
Samples: Lease Agreement (ArcSoft, Inc.), Industrial Space Lease (Rackable Systems, Inc.)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and pay ten (10) days before delinquency any and delinquency, all taxes, assessments, license fees, use fees, permit fees levies and public charges of whatever nature assessments levied against any personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areasand, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlordwhen possible, Tenant shall furnish Landlord with satisfactory evidence of these paymentscause such personal property and trade fixtures to be assessed and billed separately from the Building and the Premises. If any such taxes, assessments, fees levies and assessments on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon Tenant's Interestsuch personal property or trade fixtures of Tenant and if Landlord pays the taxes, levies and assessments based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand repay to Landlord, as additional rent, the right to require Tenant to pay such taxes, levies and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquencyassessments so levied against Landlord, then Landlord shall have or the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount proportion of such taxes, assessmentslevies and assessments resulting from such increase in the assessment, fees, or public charge so levied, or (b) together with interest thereon from the due date of such invoice, pay payment by Landlord to Landlord, as Additional Rent, the amount set forth in such invoice. Failure date of reimbursement by Tenant at the rate determined pursuant to pay the amount so invoiced within Paragraph 37. It is provided, however, that in any such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation but without any cost to Landlord, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentslevies and assessments so paid under protest, fees any amount so recovered to belong to Tenant.
(b) If the tenant improvements in the Premises, whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's "building standard" in other space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of subparagraph (a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said tenant improvements are assessed at a higher valuation than Landlord's "building standard," such records shall be binding on both Landlord and Tenant; otherwise the actual cost of construction shall be the basis for such determination.
Appears in 2 contracts
Samples: Lease (Adforce Inc), Lease (Adforce Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amounts so recovered shall belong to Tenant.
(b) If Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 2 contracts
Samples: Lease Agreement (Quantum Effect Devices Inc), Lease Agreement (Quantum Effect Devices Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. Tenant may elect to protest such taxes provided that Tenant first notifies Landlord in writing and posts a bond equal to 100% of the maximum amount of such taxes plus penalties and interest. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 2 contracts
Samples: Lease (Redback Networks Inc), Lease (Redback Networks Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay five business days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have within ten (10) business days after demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay portion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, but at no cost or responsibility or liability of any type whatsoever to Landlord, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of such taxes on Tenant's personal property and trade fixtures so paid under protest, and any net amount so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the Building so as to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the Real Property Taxes levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Paragraph 12B(a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation that standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used. Landlord agrees to exercise good faith efforts to apply such standards on an equivalent basis to any other tenants of the Complex whose tenant improvements may be assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed. As long as ALZA or any ALZA Affiliate is the Tenant hereunder, Landlord agrees to consult with Tenant in advance of any contemplated change in ownership of the Premises or the Complex so as to have the benefit of Tenant's recommendations, if any, as to any possible way to avoid any reassessment of the Premises or the Complex, but regardless of any such taxesconsultation Landlord shall have no obligation to Tenant to follow, assessmentsor any liability to Tenant for failing to follow, fees or public charges so paidany recommendations of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Alza Corp), Lease Agreement (Alza Corp)
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency any and delinquency, all taxes, assessments, license fees, use fees, permit fees and public other similar charges of whatever nature levied against any personal property or description levied, assessed or imposed against trade fixtures placed by Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon at Tenant's estate direction in this Lease, Tenant's ownership or about the Premises. Within ten days of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made demand by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and but only under proper protest if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on requested by Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of ten (a) thirty (3010) days of written demand, reimburse Landlord for the date it receives an invoice from Landlord setting forth taxes so levied against Landlord, or the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If the due date tenant improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Tenant Improvements conforming to Landlord's average cost of construction of tenant improvements in the Building ("Building Standard") in other space in the Building are assessed, then the real property taxes and assessments levied against Landlord on Landlord's Property as a result of such invoiceexcess assessed valuation may, pay at the Landlord's option, be deemed to be taxes levied against the personal property of Tenant, and shall, under such circumstances, be governed by the provisions of Section 11(a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said tenant improvements are assessed at a higher valuation than Landlord, 's "Building Standard," such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as Additional Renta basis for making said determination, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidused.
Appears in 2 contracts
Samples: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of such taxes so paid under protest, and any amount so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against the Landlord or the Complex by reason of such taxesexcess assessed valuation shall be deemed to be taxies levied against personal property of the Tenant and shall be governed by the provisions of 13B(a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office space improvements in other space in the Complex, assessmentssuch records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, fees or public charges so paidthe actual cost of construction shall be used.
Appears in 2 contracts
Samples: Lease Agreement (Quark Pharmaceuticals Inc), Lease Agreement (Beceem Communications Inc)
Taxes on Tenant’s Property. (1) Tenant shall be liable for and shall pay before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do so regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(2) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the Real Property Taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12A(i), above. If the records of the County Assessor are available and sufficient detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 2 contracts
Samples: Lease Agreement (Coupa Software Inc), Lease Agreement (Coupa Software Inc)
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier taxes so levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
(b) If the Tenant Improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to occur the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's "Building Standard" for other space in the Building are assessed, then the real property taxes and assessments levied against the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Paragraph 12
(a) thirty (30) days above. If the records of the date it receives an invoice from County Assessor are available and sufficiently detailed to serve as a basis for determining whether the Tenant Improvements are assessed at a higher valuation than "Building Standard" improvements, such records shall be binding on both Landlord setting forth and Tenant. If the amount records of such taxesthe County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, assessmentsthe actual cost of construction shall be used. Notwithstanding any contrary provision of this Subparagraph 12(b), feesthe provisions of this Subparagraph 12(b) shall be applicable only to the extent the cost of the Tenant Improvements initially installed in the Premises, or public charge so levied, any alterations made thereto by or on behalf of Tenant during the Term exceeds Thirty Dollars (b$30.00) per Usable Square Foot of the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidPremises.
Appears in 2 contracts
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of taxes so levied against Landlord, or the date it receives an invoice from Landlord setting forth the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If the due date Tenant Improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Tenant Improvements conforming to Landlord's "Building Standard" in other space in the Building are assessed, then the real property taxes and assessments levied against the Building by reason of such invoiceexcess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Paragraph 10(a), pay above. If the records of the county assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant Improvements are assessed at a higher valuation than Landlord's Building Standard, such records shall be binding on both the Landlord and the Tenant. If the records of the county assessor are not available or sufficiently detailed to serve as Additional Renta basis for making said determination, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidused.
Appears in 2 contracts
Samples: Office Building Lease (Xacct Technologies 1997 LTD), Office Building Lease (Xacct Technologies 1997 LTD)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant's Interest, and if Landlord, after written notice to Tenant, pays the taxes based upon such increased assessments (which Landlord shall have the right to do regardless of the validity thereof, Landlord but under protest if requested by Tenant). Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered upon demand repay to Landlord at least ten days prior a sum equal to delinquency, then the taxes levied against Landlord shall have or the right to pay portion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shallassessment; provided that, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of in any such taxesevent, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, at Tenant's sole cost and expense, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If the Leasehold Improvements, fees whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed as real property at a valuation higher than the valuation at which "Building Standard" improvements or typical office improvements in other space in the Building are assessed, then the real property taxes and assessments levied against Landlord or Landlord's property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Subsection 13(a) above. If the records of the County Assessor are not available or sufficiently detailed in Landlord's opinion to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall be liable for and pay ten (10) days before delinquency any and delinquency, all taxes, assessments, license fees, use fees, permit fees levies and public charges of whatever nature assessments levied against any personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areasand, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlordwhen possible, Tenant shall furnish Landlord with satisfactory evidence of these paymentscause such personal property and trade fixtures to be assessed and billed separately from the Building and the Premises. If any such taxes, assessments, fees levies and assessments on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interestsuch personal property or trade fixtures of Tenant and if Landlord pays the taxes, levies and assessments based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand repay to Landlord, as additional rent, the right to require Tenant to pay such taxes, levies and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquencyassessments so levied against Landlord, then Landlord shall have or the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount proportion of such taxes, assessmentslevies and assessments resulting from such increase in the assessment, fees, or public charge so levied, or (b) together with interest thereon from the due date of payment by Landlord to the date of reimbursement by -------------------------- Landlord's Tenant's Initials Initials -------------------------- -------------------------- Tenant at the rate determined pursuant to Paragraph 37. It is provided, however, that in any such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation but without any cost to Landlord, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentslevies and assessments so paid under protest, fees any amount so recovered to belong to Tenant.
(b) If the tenant improvements in the Premises, whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's "building standard" in other space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of subparagraph (a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said tenant improvements are assessed at a higher valuation than Landlord's "building standard," such records shall be binding on both Landlord and Tenant; otherwise the actual cost of construction shall be the basis for such determination.
Appears in 1 contract
Samples: Lease (Resources Connection Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. , If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty fifty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing taking authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Lease Agreement (Polycom Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord Tenant's estate in this Lease or Tenant's property or improvements made by a Tenant to the Premises. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees and public charges of whatever nature or description levied, assessed or imposed by governmental agency arising out of, caused against Landlord by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services services, or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")which become due during the Term. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not bill Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of ten (a) thirty (3010) days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten (10) day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Xxxxxxxx's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Samples: Industrial Space Lease
Taxes on Tenant’s Property. 5.2.1 Tenant shall be liable for and shall pay at least ten (10) days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord, Landlord's property, the Building or the Property, Landlord or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessments, which Landlord shall have the right to do regardless of the validity thereof, Landlord Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, upon demand pay to Landlord, as Additional Rent, the amount set forth taxes levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment. Additionally, Tenant shall promptly pay any assessment, tax, fee, levy or charge by any governmental agency related to any transportation plan, fund, or system (including but not limited to the “Metro Rail” and “Business Improvement District”) instituted against Tenant.
5.2.2 If Tenant’s improvements in the Premises, whether installed and/or paid for by Landlord or Tenant and whether or not affixed to the real property as to become a part thereof or whether or not title to such invoice. Failure by Tenant to pay the amount so invoiced within such time period improvements shall be conclusively deemed vested in Tenant or Landlord (“Tenant Improvements”), are assessed for real property tax purposes at a default valuation higher than the valuation at which tenant improvements conforming to a standard build-out of tenant improvements, as determined by Tenant under this LeaseLandlord (the “Building T.I. Standard”), in other space in the Building are assessed, then the real property taxes and assessment levied against Landlord or the property by reason of such excess assessed valuation shall be governed by the provisions of Article 5.
2.1. Tenant If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said tenant improvements are assessed at a higher valuation than the Building T.I. Standard, such records shall have be binding on both Landlord and Tenant. If the right records of the County Assessor are not available or sufficiently detailed to bring suit in any court serve as a basis for making said determination, the actual cost of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidconstruction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Rentech Inc /Co/)
Taxes on Tenant’s Property. 9.1 Tenant shall pay before delinquency any to Landlord, at the same time as Tenant is required to pay Rent, an amount equal to all federal, state and all local gross receipts taxes, assessmentsprivilege taxes, license feessales taxes, use feesvalue added taxes, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources similar taxes (collectively, "“Rent Taxes”) now or hereafter levied or assessed upon such Rent or other payment, or the payment or receipt thereof, or which Landlord will be required to pay as a result of its receipt of Tenant's Interest"). Upon demand by Landlord’s payment thereof, except that, notwithstanding any provision in this Lease to the contrary, Tenant shall furnish not be obligated to pay to Landlord with satisfactory evidence any amount on account of these paymentsany net income, estate, inheritance, succession or similar taxes if any, payable by Landlord. Tenant shall be responsible for and shall pay before delinquent all municipal, county, state and federal taxes assessed during the Term against any leasehold interest of Tenant or any property owned by Tenant and located in the Premises. The provisions of this Section 9.1 shall survive the expiration or earlier termination of this Lease.
9.2 If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord’s property or, Landlord's property, the Building or the Property, or if the assessed value valuation of the Building or the Property is increased by the inclusion therein of a value placed upon attributable to Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes’s personal property or trade fixtures, and if not paid and satisfactory evidence Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed value of payment delivered to Landlord at least ten days prior to delinquencythe Building or the Property, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within twenty (20) days after written demand, reimburse Landlord for the earlier taxes so paid by Landlord.
9.3 Tenant shall also pay to occur of the appropriate Governmental Authority, before any penalties or fines are assessed, any use and occupancy tax in connection with the Premises. In the event Landlord is required by law to collect such tax, Tenant shall pay such use and occupancy tax to Landlord as Additional Rent within twenty (a) thirty (3020) days of demand and Landlord shall remit any amounts so paid to Landlord to the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth appropriate Governmental Authority in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidtimely fashion.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, . Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside AreasPremises, Tenant's Tenants use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building Building, or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon the same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not bxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord’s full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten (10) days before delinquency any and all taxesdelinquency, assessments, license fees, use fees, permit fees and public charges of whatever nature taxes levied against personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Landlord's Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under property protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of the Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsany amount so recovered to belong to Tenant.
(b) If the Tenant Improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Tenant improvements conforming to Landlord's "Building Standards" in other space in the Building are assessed, the real property taxes and assessments levied against Landlord or the property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of subparagraph 13(a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than Landlord's "Building Standards", such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand,, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provide that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assess valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Taxes on Tenant’s Property. (1) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(2) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the Real Property Taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12A(i), above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Danger Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. Tenant may elect to protest such taxes provided that Tenant first notifies Landlord in writing and posts a bond equal to 100% of the maximum amount of such taxes plus penalties and interest or pays the taxes. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.)
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant. as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of fifteen (a) thirty (3015) days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said fifteen (15) day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and the Landlord's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside AreasPremises, Tenant's Tenants use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building Building, or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon the same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not bill Tenant, as Additional Rent, the amount of such taxes, assessment, xxe or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (1) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(2) If the tenant improvements in the Premises, fees whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12 A (i), above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Taxes on Tenant’s Property. 10.1. Tenant shall pay before delinquency be responsible for any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature taxes levied against any personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant in or about the Premises. Tenant shall not be deemed to be in default of its obligations under the Leased Premises or preceding sentence in the Outside Areas, improvements made event that Tenant shall contest the validity of any such taxes by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water appellate or other resources proceedings permitted under Applicable Laws, provided that: (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If a) any such taxescontest is made reasonably and in good faith, assessments, fees (b) Tenant makes commercially reasonable provisions reasonably acceptable to Landlord (which shall include posting bond(s) or public charges are levied against Landlord, Landlord's property, giving other security satisfactory to Landlord if the Building or the PropertyProperty are subjected to any liens arising out of such failure to pay or contest, with Tenant in each case agreeing to discharge or bond over any such liens within 15 days after such liens arise) to protect Landlord, the Building and the Property from any liabilities, costs, damages and expenses arising in connection with Tenant’s inability to pay, or the contest of, such taxes, (c) Tenant agrees to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from and against any and all liabilities, costs, damages and expenses arising in connection with Tenant’s failure to pay, or contest of, such taxes as required by Applicable Law, and (d) Tenant promptly pays any and all such taxes in the event that it exhausts all available appeals without success or if such payment is required as a precondition to such contest.
10.2. If (a) (i) any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property, or (ii) the assessed value valuation of the Building or the Property is increased by the inclusion therein of a value placed upon specifically attributed to Tenant's Interest’s personal property or trade fixtures, regardless of as evidenced by information provided in writing by the validity thereof, Landlord shall have the right to require Tenant to pay such taxestax assessor, and if not paid and satisfactory evidence of payment delivered (b) Landlord, after written notice to Landlord at least ten days prior to delinquencyTenant, then Landlord shall have pays the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. ’s personal property or trade fixtures, then Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge taxes so levied, or (b) the due date of such invoice, pay to paid by Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Lease (Aveo Pharmaceuticals Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside AreasPremises, Tenant's Tenants use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building Building, or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon the same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not bxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten-day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord’s full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of taxes so levied against Landlord, or the date it receives an invoice from Landlord setting forth the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If the due date Tenant Improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Tenant Improvements conforming to Landlord’s “Building Standard,” in other space in the Building are assessed, then the real property taxes and assessment levied against the Building by reason of such invoiceexcess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 10(a), pay above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant Improvements are assessed at a higher valuation than Landlord’s Building Standard, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as Additional Renta basis for making said determination, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidused.
Appears in 1 contract
Samples: Lease Agreement (Hansen Medical Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Common Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Common Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building Building, the Property, or the PropertyProject, or if the assessed value of the Building Building, the Property, or the Property Project is increased by the Building G inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten (10) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall pay not later than ten (10) days before delinquency any and delinquency, all taxes, levies, assessments, license fees, use fees, permit fees and public other governmental charges of whatever every kind or nature (hereinafter, collectively called "taxes") levied against personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsNew Premises. If any such taxes, assessments, fees or public charges taxes are levied against Landlord, Landlord or Landlord's property, Landlord, after written notice to Tenant, may pay the Building or same regardless of the Propertyvalidity of such levy, or but only under proper protest if requested by Tenant. If the assessed value of the Building or the Property Landlord's property is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant's Interest, Landlord, after written notice to Tenant, may pay the taxes based upon such increased assessment regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. In either such event, Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered upon demand repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shallassessment; provided that, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, but at no cost to Landlord, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest.
(b) If any tenant improvements constructed or installed by Tenant in the New Premises, assessmentswhether or not affixed to the real property so as to become a part thereof, fees are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's Building standard materials are assessed, then the real property taxes and assessments levied against Landlord or public charges so paidLandlord's property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by subparagraph (a) above. If the County Assessor's records are available and sufficient to determine whether said Tenant improvements are assessed at a higher valuation than Landlord's Building standard materials, such records shall be binding on Landlord and Tenant; otherwise the actual cost of construction shall be the basis for such determination. Whether and the extent to which any of the improvements in the New Premises constitute non-Building standard or otherwise exceed Building standard shall be reasonably determined by Landlord's architect or engineer, which determination shall be conclusive.
Appears in 1 contract
Samples: Lease (Emulex Corp /De/)
Taxes on Tenant’s Property. (a) Tenant shall pay not later than ten (10) days before delinquency any and delinquency, all taxes, levies, assessments, license fees, use fees, permit fees and public other governmental charges of whatever every kind or nature (hereinafter, collectively called "taxes") levied against personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments1580 Premises. If any such taxes, assessments, fees or public charges taxes are levied against Landlord, Landlord or Landlord's property, Landlord, after written notice to Tenant, may pay the Building or same regardless of the Propertyvalidity of such levy, or but only under proper protest if requested by Tenant. If the assessed value of the Building or the Property Landlord's property is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant's Interest, Landlord, after written notice to Tenant, may pay the taxes based upon such increased assessment regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. In either such event, Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered upon demand repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shallassessment; provided that, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, but at no cost to Landlord, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest.
(b) If any tenant improvements constructed or installed by Tenant in the 1580 Premises, assessmentswhether or not affixed to the real property so as to become a part thereof, fees are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's Building standard materials are assessed, then the real property taxes and assessments levied against Landlord or public charges so paidLandlord's property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by subparagraph (a) above. If the County Assessor's records are available and sufficient to determine whether said Tenant improvements are assessed at a higher valuation than Landlord's Building standard materials, such records shall be binding on Landlord and Tenant; otherwise the actual cost of construction shall be the basis for such determination. Whether and the extent to which any of the improvements in the 1580 Premises constitute non-Building standard or otherwise exceed Building standard shall be reasonably determined by Landlord's architect or engineer, which determination shall be conclusive.
Appears in 1 contract
Samples: Lease (Emulex Corp /De/)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount orally such taxes so paid under protest, and any amount so recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of any such taxesexcess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, assessmentsabove. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, fees such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or public charges so paidsufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Transmeta Corp)
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of taxes so levied against Landlord, or the date it receives an invoice from Landlord setting forth the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If the due date Tenant Improvements in the Premises, whether installed by Landlord or Tenant, or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s Standards (as defined in the Premises Preparation Agreement) for other space in the Building are assessed, then the real property taxes and assessments levied against the Building by reason of such invoice, pay higher assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Subparagraph 12(a). If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for determining whether the Tenant Improvements are subject to a higher valuation than improvements conforming to Landlord, as Additional Rent’s Standards, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default used.
(c) Any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or by any payments to be made by Tenant under this Lease. , including, without limitation, any gross income tax or excise tax levied by any governmental agency or political subdivision thereof with respect to the receipt of rent or other payments under a lease, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof, shall have be deemed to be taxes levied against personal property of Tenant and shall be governed by the right to bring suit in any court provisions of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidSubparagraph 12(a).
Appears in 1 contract
Samples: Lease Agreement (Innovega Inc.)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Taxes on Tenant’s Property. (1) Tenant shall be liable for and shall pay ten (10) days before delinquency delinquency, taxes levied against any and all taxespersonal property or trade fixtures placed by Tenant in or about the Premises, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon if any such taxes on Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises personal property or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment which Landlord shall leave the right to do regardless of the validity thereofthereof (but only under proper protest if requested by Tenant), Landlord Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation (but without cost to Landlord), to bring suit in any court of competent jurisdiction Jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(2) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Paragraph 14.B (1) above. If the records of the Country Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant [ILLEGIBLE] space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Details Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public other similar charges of whatever nature levied against any personal property or description levied, assessed or imposed against trade fixtures placed by Tenant or Landlord by a governmental agency arising out of, caused by reason of at Tenant’s direction in or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")Premises. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Landlord’s Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays such taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if required by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of ten (a) thirty (3010) days of written demand, reimburse Landlord for the date it receives an invoice from Landlord setting forth taxes so levied against Landlord, or the amount proportion of such taxestaxes resulting from such increase in the assessment; provided that, assessmentsin any such event, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If Tenant’s improvements in the Premises, fees whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the Real Property so paidas to become a part thereof, are assessed for Real Property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s standard improvements in other space in the Building are assessed, then the Taxes levied against Landlord, the Building or the Real Property by reason of such excess assessed valuation shall be governed by the provisions of Subsection (a), above. If the records of the county assessor are available and sufficiently detailed to serve as a basis for determining whether said improvements are assessed at a higher valuation than Landlord’s standard improvements, such records shall be binding on both Landlord and Tenant. If the records of the county assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual costs of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Cerus Corp)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If the Tenant Improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Selectica Inc)
Taxes on Tenant’s Property. Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant. If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 13Ba above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used. LIABILITY INSURANCE Tenant at Tenant's expense, agrees to keep in force during the term of this Lease a policy of commercial general liability insurance with a combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for injuries to or death of persons occurring in, on or about the Premises or the Complex, and property damage insurance with limits of $500,000. The policy or policies affecting such insurance, certificates of insurance of which shall be furnished to Landlord, shall name Landlord as additional insureds, and shall insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failures of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the State of California; and shall provide that the insurance effected thereby shall not be canceled, except upon thirty (30) days' prior written notice to Landlord. If, during the term of this Lease, in the considered opinion of Landlord's Lender, insurance advisor, or counsel, the amount of insurance described in this paragraph 13 is not adequate. Tenant agrees to increase said coverage to such reasonable amount as Landlord's Lender, insurance advisor, or counsel shall deem adequate. TENANT'S PERSONAL PROPERTY INSURANCE AND XXXXXXX'X COMPENSATION INSURANCE Tenant shall maintain a policy or policies of fire and property damage insurance in "all risk" form with a sprinkler leakage endorsement insuring the personal property, inventory, trade fixtures, and leasehold improvements within the leased Premises for the full replacement value thereof. The proceeds from any of such policies shall be used for the repair or replacement of such items so insured. Tenant shall also maintain a policy or policies of xxxxxxx'x compensation insurance and any other employee benefit insurance sufficient to comply with all laws. PROPERTY INSURANCE Landlord shall purchase and keep in force and as Additional Rent and in accordance with Paragraph 4D of this Lease, Tenant shall pay to Landlord (or Landlord's agent if so directed by Landlord) Tenant's proportionate share (calculated on a square footage or other equitable basis as calculated by Landlord) of the deductibles on insurance claims and the cost of policy or policies of insurance covering loss or damage to the Premises and Complex in the amount of the full replacement value thereof, providing protection against those perils included within the classification of "all risks" insurance and flood and/or earthquake insurance, if available, plus a policy of rental income insurance in the amount of one hundred (100%) percent of twelve (12) months Basic Rent, plus sums paid as Additional Rent and any deductibles related thereto. If such insurance costs is increased due to Tenant's use of the Premises or the Complex. Tenant agrees to pay to Landlord the full cost of such increase. Tenant shall have no interest in nor any right to the proceeds of any insurance procured by Landlord for the Complex. Landlord and Tenant do each hereby respectively release the other, to the extent of insurance coverage of the releasing party, from any liability for loss or damage caused by fire or any of the extended coverage casualties included in the releasing party's insurance policies, irrespective of the cause of such fire or casualty; provided, however, that if the insurance policy of either releasing party prohibits such waiver, then this waiver shall not take effect until consent to such waiver is obtained. If such waiver is so prohibited, the insured party affected shall promptly notify the other party thereof.
Appears in 1 contract
Samples: Lease Agreement (Com21 Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay not later than ten (10) days before delinquency any and delinquency, all taxes, assessments, license fees, use fees, permit fees levies and public charges of whatever nature assessments levied against any personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees levies or public charges assessments on Tenant's personal property or trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interestsuch personal property or trade fixtures of Tenant and if Landlord pays the taxes, regardless of the validity thereoflevies and assessments based upon such increased assessment, which Landlord shall have the right to require Tenant to pay such taxesdo regardless of validity thereof, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of taxes, levies and assessments so levied against Landlord, or the date it receives an invoice from Landlord setting forth the amount proportion of such taxes, assessmentslevies and assessments resulting from such increase in the assessment; provided that, fees, or public charge so levied, or (b) the due date of in any such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, but without any cost to Landlord, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentslevies and assessments so paid under protest, fees any amount so recovered to belong to Tenant.
(b) If the tenant improvements in the Premises, whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's "building standard" in other space in the Building are assessed, then the real property taxes and assessment levied against Landlord or the property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of subparagraph (a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said tenant improvements are assessed at a higher valuation than Landlord's "building standard," such records shall be binding on both Landlord and Tenant; otherwise the actual cost of construction shall be the basis for such determination.
Appears in 1 contract
Samples: Office Lease (Pacifica Bancorp Inc)
Taxes on Tenant’s Property. (i) Tenant shall be liable for and shall pay ten (10) days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of following demand, as the date it receives an invoice from case may be, repay to Landlord setting forth the amount taxes so levied against Landlord, or the proportion of such taxes, assessments, fees, or public charge so levied, or (b) taxes resulting from such increase in the due date of assessment; provided that in any such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of such taxes so paid under protest, and any amount so recovered shall belong to Tenant.
(ii) If any improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation materially higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against the Landlord or the Complex by reason of such taxesexcess assessed valuation shall be deemed to be taxes levied against personal property of the Tenant and shall be governed by the provisions of Paragraph 14(d)(i) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether such Tenant improvements are assessed at a higher valuation than standard office space improvements in other space in the Complex, assessmentssuch records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making such determination, fees or public charges so paidthe actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Neophotonics Corp)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public other similar charges of whatever nature levied against any personal property or description levied, assessed or imposed against trade fixtures placed by Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon at Tenant's estate direction in this Lease, Tenant's ownership of property, improvements made by Tenant to or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")Premises. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Landlord's Premises is increased by the inclusion therein of a value placed upon Tenant's Interestsuch personal property or trade fixtures of Tenant and if Landlord, after written notice to tenant, pays such taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if required by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of ten (a) thirty (3010) days of written demand, reimburse Landlord for the date it receives an invoice from Landlord setting forth taxes so levied against Landlord, or the amount proportion of such taxestaxes resulting from such increase in the assessment; provided that, assessmentsin any such event, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If the "Tenant Improvements" in the Premises, fees whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paid.as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Tenant Improvements conforming to Landlord's "Tenant Standard Improvements" in other space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be governed by the provisions of Paragraph (a) above. If the record of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant Improvements are assessed at a higher valuation than Landlord's Tenant Standard Improvements, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual costs of construction shall be used
Appears in 1 contract
Taxes on Tenant’s Property. (1) Tenant shall be liable for and shall pay before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(2) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the Real Property Taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12A(i), above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of or public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of or the Building or the Property is increased by the inclusion therein herein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, feesfee or public charge and xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid on Tenant’s behalf, Tenant shall, within ten working days from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessment, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and the Landlord’s full cooperation if Tenant is not then in default under the terms or this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Samples: Consent to Sublease (Alphasmart Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant s personal property or public charges are trade fixtures arc levied against Landlord, Landlord or Landlord's property, the Building property or the Property, or if it the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment: provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, fees whether installed. and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of l2Ba above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. IF the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency be liable for and shall pay, prior to their becoming delinquent, any and all taxestaxes and assessments levied against, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by any increases in Real Estate Taxes as a governmental agency arising out result of, caused by reason of any personal property or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade or other fixtures placed by Tenant to in or about the Leased Premises Premises. In the event Landlord pays any such additional taxes or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlordincreases, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shallwill, within the earlier to occur of (a) thirty (30) days after demand, reimburse Landlord for the amount thereof. Without in any way limiting the foregoing provisions, if any authority levying real and personal property taxes against the Tower as a standard practice for determining the value of the date it receives an invoice from Tower for tax purposes includes a component for tenant improvements or non-movable trade fixtures of individual tenants, Tenant will pay Landlord setting forth the amount any portion of such taxes, assessments, fees, or public charge so levied, or taxes which is equal to the product of (bi) the due date total of such invoicetaxes multiplied by (ii) the fraction the numerator of which is the cost of tenant improvements or non-movable trade fixtures in the Premises in excess of the Building standard or existing improvements (collectively, pay to Landlord, as Additional Rent, "ABOVE STANDARD IMPROVEMENTS") and the amount set forth denominator of which is the cost of all tenant improvements in such invoicethe Tower. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount Upon receipt of any such taxestax statement, assessmentsLandlord will compute Tenant's share of taxes attributable to Above Standard Improvements, fees or public charges so paidand submit a statement to Tenant evidencing the method of calculation. Tenant will pay to Landlord together with the next monthly installment of Base Annual Rent due after the receipt of Landlord's statement the entire amount due under this Article. The method of calculation of the share of taxes attributable to Above Standard Improvements will be subject to adjustment by Landlord from time to time in order to reflect the method currently utilized by taxing authorities to calculate taxes for Above Standard Improvements. If Tenant is assessed for taxes for Above Standard Improvements directly by the taxing authorities, Tenant will pay the same before delinquency and deliver to Landlord copies of receipts for payment of such taxes and assessments no later than ten (10) days prior to the deadline for payment without imposition of penalty.
Appears in 1 contract
Samples: Office Lease Agreement (American Physician Partners Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out our of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and the Landlord's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon Tenant's Interestsuch personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Neoforma Com Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Common Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Common Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building 3 or the Property, or if the assessed value of the Building 3 or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease, subject to the terms of Paragraph 12.1(a) above. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after thirty (30) days prior notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of taxes so levied against Landlord, or the date it receives an invoice from Landlord setting forth the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If the due date tenant improvements in the Premises, whether installed by Landlord or Tenant, or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's standards for other space in the Building are assessed, then the real property taxes and assessments levied against the Building by reason of such invoice, pay higher assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Subparagraph 12(a). If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for determining whether the tenant improvements are subject to a higher valuation than improvements conforming to Landlord, as Additional Rent's Building standards, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default used.
(c) Any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or by any payments to be made by Tenant under this Lease. , including without limitation, any gross income tax or excise tax levied by any governmental agency or political subdivision thereof with respect to the receipt of rent or other payments under a lease, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof, shall have be deemed to be taxes levied against personal property of Tenant and shall be governed by the right to bring suit in any court provisions of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidSubparagraph 12(a).
Appears in 1 contract
Samples: Lease Agreement (Infocrossing Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten (10) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Lease (LumiraDx LTD)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside AreasPremises, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Common Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Common Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building Building, the Property, or the PropertyProject, or if the assessed value of the Building Building, the Property, or the Property Project is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten (10) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.Building C
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein herein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of (a) thirty (30) days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, feesfee or public charge and xxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid on Tenant's behalf, Tenant shall, within thirty (30) days from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessment, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and the Landlord's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under property protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Selectica Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Sublease (Xpeed Networks Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord Tenant's estate in this Lease or Tenant's property or improvements made by a Tenant to the Premises. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, and public charges of whatever nature or description levied, assessed, or imposed by governmental agency arising out of, caused against Landlord by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for TenantXxxxxx's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services services, or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")which become due during the Term. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees fees, or public charges are levied against Landlord, Landlord's property, the Building Building, or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Xxxxxx, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the samebehalf. Tenant shall, within the earlier to occur of ten (a) thirty (3010) days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, feesfee, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten (10) day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Xxxxxxxx's full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Samples: Lease Agreement
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
13. LIABILITY INSURANCE Tenant at Tenant’s expense, agrees to keep in force during the term of this Lease a policy of commercial general liability insurance with a combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for injuries to or death of persons occurring in, on or about the Premises or the Complex, and property damage. The policy or policies affecting such insurance, certificates of insurance of which shall be furnished to Landlord, shall name Landlord as additional insureds, and shall insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder, shall be issued by an insurance company admitted to transact business in the State of California; and shall provide that the insurance effected thereby shall not be canceled, except upon thirty (30) days’ proper written notice to Landlord. If, during the term of this Lease, in the considered opinion of Landlord’s Lender, insurance advisor, or counsel, the amount of insurance described in this paragraph 13 is not adequate, Tenant agrees to increase said coverage to such reasonable amount as Landlord’s Lender, insurance advisor, or counsel shall deem adequate.
Appears in 1 contract
Samples: Lease Agreement (PortalPlayer, Inc.)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures place by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Neoforma Com Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay at least ten (10) days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessments, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered upon demand repay to Landlord at least ten days prior to delinquencythe taxes levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on resulting from such increase in the assessment; provided that in any such event, at Tenant's behalf sole cost and to invoice Tenant for the same. Tenant shallexpense, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsany amount so recovered to belong to Tenant.
(b) If any alterations to the Leasehold Improvements, fees whether such alterations are installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, cause the Leasehold Improvements, as so altered, to be assessed for real property tax purposes at a valuation higher than the Leasehold Improvements prior to such alteration (adjusted for the tax collector's internal amortization schedule), then the real property taxes and assessments levied against Landlord or the property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Subparagraph 12(a), above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Leasehold Improvements, as altered, are assessed at a higher valuation than the Leasehold Improvements prior to such alteration, such records shall be binding on both Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction of such alterations to the Leasehold Improvements shall be used, as amortized over the remaining term of the Lease by Landlord.
Appears in 1 contract
Samples: Office Lease (Trylon Corp)
Taxes on Tenant’s Property. 10.1 Tenant shall pay before delinquency be responsible for paying (prior to delinquency) any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature taxes levied against any personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or Premises. For the Outside Areasavoidance of doubt, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit contest (by appropriate legal proceedings, diligently pursued and in Tenant’s name only) the imposition or amount of taxes imposed on any personal property or trade fixtures of Tenant placed in or about the Premises or the Project; provided that (a) Tenant shall first make all contested payments, under protest if it desires, (b) the Premises, Building or Project are not in any court danger of competent jurisdiction being sold, forfeited, lost or interfered with, (c) all expenses incurred in connection with such proceedings shall be paid by Tenant and (d) such dispute does not result in a violation of Applicable Laws.
10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building, the Property or the Project is expressly increased by inclusion therein of a value attributable to recover from Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed value of the Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 10.2, but only to the extent the applicable taxing authority has made a separate assessment therefor. Any such excess assessed valuation due to improvements in or alterations to space in the amount Project leased by other tenants at the Project shall not be included in Operating Expenses. If the records of any the County Assessor are available and sufficiently detailed to serve as a basis for determining whether such taxesTenant improvements or alterations are assessed at a higher valuation than the Building Standard, assessments, fees or public charges so paidthen such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease Agreement (Depomed Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and pay ten (10) days before delinquency any and delinquency, all taxes, assessments, license fees, use fees, permit fees levies and public charges of whatever nature assessments levied against any personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside AreasPremises, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areasand, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlordwhen possible, Tenant shall furnish Landlord with satisfactory evidence of these paymentscause such personal property and trade fixtures to be assessed and billed separately from the Building and the Premises. If any such taxes, assessments, fees levies and assessments on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, the Building or the Property, property or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interestsuch personal property or trade fixtures of Tenant and if Landlord pays the taxes, levies and assessments based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand repay to Landlord, as additional rent, the right to require Tenant to pay such taxes, levies and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquencyassessments so levied against Landlord, then Landlord shall have or the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount proportion of such taxes, assessmentslevies and assessments resulting from such increase in the assessment, fees, or public charge so levied, or (b) together with interest thereon from the due date of such invoice, pay payment by Landlord to Landlord, as Additional Rent, the amount set forth in such invoice. Failure date of reimbursement by Tenant at the rate determined pursuant to pay the amount so invoiced within Paragraph 37. It is provided, however, that in any such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord's full cooperation but without any cost to Landlord, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentslevies and assessments so paid under protest, fees any amount so recovered to belong to Tenant.
(b) If the tenant improvements in the Premises, whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's "building standard" in other space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of subparagraph (a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said tenant improvements are assessed at a higher valuation than Landlord's "building standard," such records shall be binding on both Landlord and Tenant; otherwise the actual cost of construction shall be the basis for such determination.
Appears in 1 contract
Samples: Lease (Nemus Bioscience, Inc.)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within no later than the earlier to occur later of (a) thirty ten (3010) days of prior to the date it receives an invoice from Landlord setting forth the amount of such taxesdue date, assessments, fees, or public charge so levied, or and (b) the due date of such invoicefifteen (15) days after delivery to Tenant, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Lease Agreement (Macromedia Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out Out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish famish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, thereof Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit Suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Lease (Digital Island Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper process if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
(b) if the Tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provision of 12Ba, above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")resources. Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not bxxx Tenant, as Additional Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of ten (a) thirty (3010) days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten (10) day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and the Landlord’s full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord's property, the Building or the Property, Landlord or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord taxes so levied against Landlord, or the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If the due date Tenant Improvements in the Premises, whether installed by Landlord or Tenant, or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's Standards (as defined in the Work Letter Agreement) for other space in the Building are assessed, then the real property taxes and assessments levied against the Building by reason of such invoice, pay higher assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Subparagraph 12(a). If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for determining whether the Tenant Improvements are subject to a higher valuation than improvements conforming to Landlord, as Additional Rent's Building Standards, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default used.
(c) Any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or by any payments to be made by Tenant under this Lease. , including, without limitation, any gross income tax or excise tax levied by any governmental agency or political subdivision thereof with respect to the receipt of rent or other payments under a lease, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof, shall have be deemed to be taxes levied against personal property of Tenant and shall be governed by the right to bring suit in any court provisions of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidSubparagraph 12(a).
Appears in 1 contract
Samples: Office Building Lease (Prosoft I Net Solutions Inc)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Xxxxxx’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessments, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant. Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered upon demand repay to Landlord at least ten days prior to delinquencythe taxes levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on resulting from such increase in the assessment; provided that in any such event , at Tenant's behalf ’s sole cost and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Leaseexpense. Tenant shall have the right right, in the name of Landlord and with Xxxxxxxx’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsany amount to recovered to belong to Tenant.
(b) If the Leasehold Improvements in the Premises, fees whether installed and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Leasehold Improvements conforming to the Building Standard Work in other space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Subparagraph 12(a), above.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if the assessed value of the Building or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten five (5) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Lease (Ultratech Stepper Inc)
Taxes on Tenant’s Property. (a) Tenant shall pay at least ten (10) days before delinquency delinquency, taxes levied against any and all taxespersonal property or trade fixtures placed by, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out on behalf of, caused by reason Tenant in or about the Premises and that portion of or based upon the Aggregate Improvements that constitute Building Nonstandard Improvements (which shall, for the purposes of this paragraph, include Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"’s Changes). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures or Building Nonstandard Improvements are levied against Landlord or Landlord, Landlord's ’s property, the Building or the Property, or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property, trade fixtures of Tenant's Interest, or such Building Nonstandard Improvements, and, if Landlord, after written notice to Tenant, pays the taxes based upon such increased assessments, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered upon demand repay to Landlord at least ten days prior to delinquencythe taxes levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on resulting from such increase in the assessment; provided that, in any such event, at Tenant's behalf ’s sole cost and to invoice Tenant for the same. Tenant shallexpense, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes so paid under protest, and any amount so recovered shall belong to Tenant.
(b) The real property taxes and assessments levied against Landlord which are attributable to Tenant’s Building Nonstandard Improvements shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 12(a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining the taxes attributable to Building Nonstandard Work, such records shall be binding on both Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction of the Building Nonstandard Work shall be used.
(c) Nothing herein shall be construed to require Tenant to be double-charged for such taxes, assessmentsdirectly or indirectly, fees or public charges so paidand to the extent any of such taxes are charged to Tenant as part of Operating Expenses, Tenant shall not have to pay such taxes pursuant to this provision.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Taxes on Tenant’s Property. 10.1 Tenant shall pay before prior to delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature taxes levied against any personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. Premises.
10.2 If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building, the Unit, the Property or the Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, Landlord's propertyafter written notice to Tenant, pays the Building or the Property, or if taxes based upon any such increase in the assessed value of the Building Building, the Unit, the Property or the Property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquencyProject, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, upon demand, accompanied by reasonable documentation evidencing that such increase is due to Tenant’s personal property or trade fixtures, repay to Landlord the taxes so paid by Landlord.
10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building, the Unit, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Project leased by other tenants at the Project shall not be included in Operating Expenses. If the records of the applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
10.4 Tenant shall also pay to the appropriate Governmental Authority, before any penalties or fines are assessed, any use and occupancy tax in connection with the Premises. In the event Landlord is required by law to collect such tax, Tenant shall pay such use and occupancy tax to Landlord as Additional Rent within the earlier to occur of ten (a) thirty (3010) days of demand and Landlord shall remit any amounts so paid to Landlord to the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay appropriate Governmental Authority to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Leasetimely fashion. Tenant shall have also pay to Landlord the right to bring suit in any court applicable state sales tax, if any, on all Rent simultaneously with the payment by Tenant of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidRent as otherwise required by Applicable Law.
Appears in 1 contract
Samples: Lease (Spark Therapeutics, Inc.)
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten days before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxesease may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied against Landlord, then Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of such taxes so paid under protest, and any amount so recovered shall belong to Tenant.
(b) If the Tenant improvements in the Premises, whether installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the real property taxes and assessments levied against the Landlord or the Complex by reason of such taxesexcess assessed valuation shall be deemed to be taxies levied against personal property of the Tenant and shall be governed by the provisions of 13B(a) above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office space improvements in other space in the Complex, assessmentssuch records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, fees or public charges so paidthe actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Yodlee Inc)
Taxes on Tenant’s Property. (a) Tenant shall pay be liable for and shall pay, at least ten (10) days before delinquency delinquency, all taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based upon such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxesbut only under proper protest if requested by Tenant, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same. Tenant shall, within upon demand, repay to Landlord the earlier to occur of (a) thirty (30) days of taxes so levied against Landlord, or the date it receives an invoice from Landlord setting forth the amount portion of such taxes, assessments, fees, or public charge so levied, or taxes resulting from such increase in the assessment.
(b) If any tenant improvements in the due date Premises, whether installed by Landlord or Tenant, or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s standards for other space in the Building are assessed, then the real property taxes and assessments levied against the Building by reason of such invoice, pay higher assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Subparagraph 12(a). If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for determining whether any tenant improvements are subject to a higher valuation than improvements conforming to Landlord, as Additional Rent’s Building standards, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period actual cost of construction shall be conclusively deemed a default used. Table of Contents
(c) Any assessment, tax, fee, levy or charge allocable to or measured by the area of the Premises or by any payments to be made by Tenant under this Lease. , including, without limitation, any gross income tax or excise tax levied by any governmental agency or political subdivision thereof with respect to the receipt of rent or other payments under a lease, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof, shall have be deemed to be taxes levied against personal property of Tenant and shall be governed by the right to bring suit in any court provisions of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paidSubparagraph 12(a).
Appears in 1 contract
Samples: Lease Agreement (Synbiotics Corp)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources Furniture (collectively, "the “Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building Building, the Property, or the PropertyProject, or if the assessed value of the Building Building, the Property, or the Property Project is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten (10) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same. Tenant shallshall pay to Landlord, as Additional Rent, the amount set forth in Landlord’s invoice within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay at least forty (40) days before delinquency any delinquency, all taxes and assessments levied against all taxesfixtures, assessmentsfurnishings, license feesequipment and other personal property of Tenant located in or about the Premises, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlordwhen possible, Tenant shall furnish Landlord with satisfactory evidence cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of these paymentswhich the Premises form a part. If any such taxes, assessments, fees taxes on Tenant's personal property or public charges trade fixtures are levied against Landlord, Landlord or Landlord's property, property and if Landlord pays the Building or same (which Landlord shall have the Propertyright to do regardless of the validity of such levy), or if the assessed value of the Building or the Property Landlord's property is increased by the inclusion therein of a value placed upon Tenant's Interest, regardless such personal property or trade fixtures of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered Landlord pays the taxes based upon such increased assessment. Tenant shall pay to Landlord at least ten days prior to delinquency, then the taxes so levied against Landlord shall have or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or assessment.
(b) If the due date tenant improvements in the Premises, whether installed and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord's building standards in other space in the Buildings are assessed, then the real property taxes and assessments levied against Landlord or Landlord's property by reason of such invoiceexcess assessed valuation may, pay at Landlord's option, be deemed to Landlordbe taxes levied against personal property of Tenant and shall, as Additional Rentunder such circumstances, be governed by the amount set forth in such invoice. Failure Provisions of Section 7.1(a) above.
(c) Upon request, Tenant agrees to provide receipts, cancelled checks or other documents reasonably requested by Landlord to confirm Tenant's payment of any taxes and/or assessments payable by Tenant directly to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant taxing authority under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Samples: Office Space Lease (DVD Express Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's ’s estate in this Lease, Tenant's ’s ownership of property, improvements made by Tenant to the Leased Premises or the Outside Common Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Common Areas, Tenant's ’s use (or estimated use) of public facilities or services or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "“Tenant's ’s Interest"”). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or Building, the Property, or the Project, or if Building D the assessed value of the Building Building, the Property, or the Property Project is increased by the inclusion therein of a value placed upon Tenant's ’s Interest, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, and if not paid and satisfactory evidence of payment delivered to Landlord at least ten (10) days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's ’s behalf and to invoice Tenant for the same, in either case whether before or after the expiration or earlier termination of the Lease Term. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessments, fees or public charges so paid.
Appears in 1 contract
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord Tenant’s estate in this Lease or Tenant’s property or improvements made by Tenant to the Leased Premises. Tenant shall pay before delinquency and all taxes, assessments, license fees, use fees and public charges of whatever nature or description levied, assessed or imposed by a governmental agency arising out of, caused against Landlord by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services services, or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")which become due during the Lease Term. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not xxxx Tenant, as Additionally Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten-day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord’s full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract
Taxes on Tenant’s Property. 1. Tenant shall be liable for and shall pay before delinquency delinquency, taxes levied against any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature personal property or description levied, assessed or imposed against Tenant or Landlord by a governmental agency arising out of, caused by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made trade fixtures placed by Tenant to in or about the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services or Tenant's consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest"). Upon demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these paymentsPremises. If any such taxes, assessments, fees taxes on Tenant’s personal property or public charges trade fixtures are levied against Landlord or Landlord, Landlord's property, the Building or the Property, ’s property or if the assessed value of the Building or the Property Premises is increased by the inclusion therein of a value placed upon such personal property or trade fixtures of Tenant and if Landlord, after written notice to Tenant's Interest, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity thereof, Landlord but only under proper protest if requested by Tenant, Tenant shall have upon demand, as the right to require Tenant to pay such taxescase may be, and if not paid and satisfactory evidence of payment delivered repay to Landlord at least ten days prior to delinquencythe taxes so levied Charleston Intuit Lease Phase 2-Buildings A-F August 4, then Landlord shall have 2003-Final against Landlord, or the right to pay proportion of such taxes on Tenant's behalf and to invoice Tenant for resulting from such increase in the same. Tenant shall, within the earlier to occur of (a) thirty (30) days of the date it receives an invoice from Landlord setting forth the amount of assessment; provided that in any such taxes, assessments, fees, or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such invoice. Failure by Tenant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under this Lease. event Tenant shall have the right right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxestaxes so paid under protest, assessmentsand any amount so recovered shall belong to Tenant.
2. If any tenant improvements in the Premises, fees whether installed, and/or paid for by Landlord or public charges Tenant and whether or not affixed to the real property so paidas to become a part thereof, are assessed for Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements in other space in the Complex are assessed, then the Real Property Taxes and assessments levied against Landlord or the Complex by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of 12A(i), above. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Intuit Inc)
Taxes on Tenant’s Property. Tenant shall pay before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature or description levied, assessed or imposed against Tenant or Landlord Tenant’s estate in this Lease or Tenant’s property or improvements made by Tenant to the Leased Premises. Tenant shall pay before delinquency and all taxes, assessments, license fees, use fees and public charges of whatever nature or description levied, assessed or imposed by a governmental agency arising out of, caused against Landlord by reason of or based upon Tenant's estate in this Lease, Tenant's ownership of property, improvements made by Tenant to the Leased Premises or the Outside Areas, improvements made by Landlord for Tenant's ’s use within the Leased Premises or the Outside Areas, Tenant's use (or estimated use) of public facilities or services services, or Tenant's ’s consumption (or estimated consumption) of public utilities, energy, water or other resources (collectively, "Tenant's Interest")which become due during the Lease Term. Upon On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments. If any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's ’s property, the Building or the PropertyProject, or if the assessed value of the Building or the Property Project is increased by the inclusion therein of a value placed upon same, then Landlord, after giving written notice to Tenant's Interest, shall have the right, regardless of the validity thereof, Landlord shall have the right to require Tenant to pay such taxes, assessment, fee or public charge and if not bxxx Tenant, as Additionally Rent, the amount of such taxes, assessment, fee or public charge so paid and satisfactory evidence of payment delivered to Landlord at least ten days prior to delinquency, then Landlord shall have the right to pay such taxes on Tenant's behalf and to invoice Tenant for the same’s behalf. Tenant shall, within the earlier to occur of (a) thirty (30) ten days of from the date it receives an invoice from Landlord setting forth the amount of such taxes, assessmentsassessment, fees, fee or public charge so levied, or (b) the due date of such invoice, pay to Landlord, as Additional Rent, the amount set forth in such said invoice. Failure by Tenant to pay the amount so invoiced within such time said ten-day period shall be conclusively deemed a default by Tenant under this Lease. Tenant shall have the right right, and with Landlord’s full cooperation if Tenant is not then in default under the terms of this Lease, to bring suit in any court of competent jurisdiction to recover from the taxing authority the amount of any such taxes, assessmentsassessment, fees fee or public charges charge so paid.
Appears in 1 contract