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 12 contracts
Samples: Lease (Juniper Networks Inc), Lease (Juniper Networks Inc), Lease (Digital Microwave Corp /De/)
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 4 contracts
Samples: Office Lease (Cortina Systems Inc), Office Lease (PMC Sierra Inc), Lease (Silicon Image 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 (Palo Alto Networks Inc), Lease (Switch & Data, 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: Iv Lease (Jazz Semiconductor Inc), Iv Lease (Jazz Semiconductor Inc), 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 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: Lsi Logic Corp, Lsi Logic Corp, Lsi Logic 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 ’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 3 contracts
Samples: Industrial Space Lease (Corsair Gaming, Inc.), Corsair Gaming, Inc., Acceptance Agreement (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 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 (Adept Technology Inc), Lease (Adept Technology 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 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: Lease (Quantenna Communications Inc), 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 ’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: Disturbance Agreement (Palo Alto Networks Inc), By and Between (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"). 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.. 13.2
Appears in 2 contracts
Samples: Vantive Corp, Vantive Corp
Taxes on Tenant’s Property. (a) Tenant shall be liable for and shall pay ten (10) days before delinquency any and all taxes, assessments, license fees, use fees, permit fees and public charges of whatever nature Tenant in 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 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's Interest, and if Landlord pays the taxes based on such increased assessment, 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 within 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 (3010) days of demand repay to Landlord the date it receives an invoice from Landlord setting forth taxes so levied against Landlord, or the amount 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. (b) If the interior 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 such taxesexcess assessed valuation shall be deemed to be taxes levied against personal property of 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 interior improvements are assessed at a higher valuation than standard office 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 (Telomolecular Corp), Lease Agreement (Telomolecular 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 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: Acceptance Agreement (Asyst Technologies Inc /Ca/), Acceptance Agreement (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 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: Acceptance Agreement (Atroad Inc), Acceptance Agreement (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 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. 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: Acceptance Agreement (ArcSoft, Inc.), Acceptance Agreement (Rackable Systems, 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 (Cardiodx Inc), Lease (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 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. 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 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. 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 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
Samples: Lease (Adeza Biomedical 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 ’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 2 or the Property, or if the assessed value of the Building 2 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
Samples: By and Between (Applovin 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 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
Samples: Virage Logic 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 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 or 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 Interestinterest, 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 the 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: Introbiotics Phamaceuticals 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 ’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.. 13.2
Appears in 1 contract
Samples: Scientific Learning 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 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 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 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 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 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 (Personalis, 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 ’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 Rentassessments, 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 (Vivus 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 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. (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 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, 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 1 contract
Samples: Assignment and Assumption of Lease Agreement (Idealab)
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 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 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) 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 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
Samples: Acceptance Agreement (Upgrade International Corp /Fl/)
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 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 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 (Silicon Image 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 cause 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 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 bill Tenant, as Additional Rent, the amount of such taxes, assessmenx, xee 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 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 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 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 by And (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 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 bill Xxxant, 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
Samples: Va Linux Systems 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.in
Appears in 1 contract
Samples: Lease (Allion Healthcare 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 bill Xxxant, 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 is 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 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
Samples: By And (Kodiak Sciences 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 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
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 (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. 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. 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. 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 at Tenant's cost and 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 Buildings or the Property, or if the assessed value of the Building Buildings 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: Lease (Cell Genesys 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
Samples: Lease Agreement (Vantive 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 ’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 Landlord Initial Tenant Initial 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 1 contract
Samples: Virage Logic 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 ’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
Samples: Lease (Redback Networks Inc)
Taxes on Tenant’s Property. Tenant shall be liable for, and shall pay before delinquency delinquency, all taxes and assessments (real and personal) levied against (a) 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 payments. If including any such taxes, assessments, fees or public charges are levied against Landlord, Landlord's property, the Building or the Property, or if increase in the assessed value of the Building Premises based upon the value of any such personal property or trade fixtures); and (b) any Tenant Improvements or alterations in the Property is increased Premises (whether installed and/or paid for by Landlord or Tenant) to the inclusion therein extent such items are assessed at a valuation higher than the valuation at which tenant improvements conforming to the Building's standard tenant improvements are assessed. Tenant will not be obligated to pay any portion of taxes and assessments described in the preceding sentence related to other premises within the Project; Landlord will upon receipt of a value placed upon written request therefore and, as a condition to Tenant's Interestobligation to pay any portion of such taxes and assessments that are not separately assessed, regardless of provide reasonable supporting data to assure Tenant that the validity thereofamount claimed to be due does not include such items for premises other than the Premises. If any such taxes or assessments are levied against Landlord or Landlord's property, Landlord shall have the right may, after written notice to require Tenant to pay such taxes, (and 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 requested by Tenant) pay such taxes on Tenant's behalf and to invoice assessments, and Tenant for the same. Tenant shall, shall reimburse Landlord therefor within the earlier to occur of (a) thirty (30) days after receipt of demand by Landlord accompanied by reasonable supporting data showing Landlord's method of determination 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 claimed to be due date of such invoice, pay to Landlord, as Additional Rent, ; any dispute regarding the amount set forth in such invoice. Failure by Tenant foregoing will be resolved pursuant to pay the amount so invoiced within such time period shall be conclusively deemed a default by Tenant under Section 24 of 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 Lease (Good Guys 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. 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
Samples: Adeza Biomedical 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 ’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
Samples: Lease (Blue Coat Systems 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
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. 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
Samples: Lease (Adeza Biomedical 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 cause 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 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 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 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 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: Xpeed Networks 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; 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 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 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 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 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 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
Samples: Sublease (@Road, 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 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
Samples: Sublease (Va Software 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
Samples: Lease (Electronics for Imaging 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
Samples: Lease (Aruba 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 any of the following (collectively, "Tenant's Interest"): (a) Tenant's interest or estate in this Lease, (b) Tenant's use or ownership of propertyTenant's Property, (c) alterations, modifications or improvements, other than the Initial Tenant Improvement Work, made to the Premises by or on behalf of Tenant, to the extent the same exceed the Building standard, and the tax assessment, fee or charge attributable to Tenant is reasonably ascertainable from the invoice, xxxx or records of the taxing authority, (d) alterations, modifications or improvements made by Tenant to the Leased Premises by or the Outside Areas, improvements made by on behalf of Landlord for Tenant's use within the Leased Premises Premises, to the extent the same exceed the Building standard, and the tax assessment, fee or charge attributable to Tenant is reasonably ascertainable from the Outside Areasinvoice, xxxx or records of the taxing authority; and (e) 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 resources. Within thirty (collectively, "Tenant's Interest"). Upon 30) days following written demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these such payments. If any such taxes, assessments, fees or public charges are levied against Landlord, the Property or any part thereof, or Landlord's personal 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, assessments, fees and charges, and if not paid and satisfactory evidence of payment is not delivered to Landlord at least ten thirty (30) days prior to delinquency, then Landlord shall have the right to pay such taxes taxes, assessments, fees and charges on Tenant's behalf and to invoice Tenant for the same. Tenant shall, 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 charges 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 (Crawford & Co)
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. whether installed, fees 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 (Replaytv Inc)