Taxes on Tenant’s Property. 13.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. 13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord. 13.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 7 contracts
Samples: Sublease Agreement (Atara Biotherapeutics, Inc.), Lease (CareDx, Inc.), Lease (CareDx, Inc.)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 6 contracts
Samples: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease (Erasca, Inc.)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 5 contracts
Samples: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.), Lease (BIND Therapeutics, Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 4 contracts
Samples: Lease (Shotspotter, Inc), Lease (Shotspotter, Inc), Lease (CymaBay Therapeutics, Inc.)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten (10) days before delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. (b) If any improvements the Tenant Improvements in or alterations to the Premises, whether owned 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 improvements Tenant Improvements conforming to Landlord’s building standards (the “Building 's "Project Standard”) ," in other spaces space in the Building Project are assessed, then the real property taxes and assessments assessment levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 10(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations Improvements are assessed at a higher valuation than the Building Landlord's Project Standard, then such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 3 contracts
Samples: Office Lease (Rimini Street, Inc.), Office Lease (GP Investments Acquisition Corp.), Office Lease (Bridge Capital Holdings)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least twenty (20) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 3 contracts
Samples: Lease (Omega Therapeutics, Inc.), Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)
Taxes on Tenant’s Property. 13.1. 14.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. 14.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 14.3 If any improvements in or alterations Alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 14.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7Article 8, but shall be treated, as to such other tenants, as provided in this Section 13.314.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining deteunining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 3 contracts
Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 3 contracts
Samples: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)
Taxes on Tenant’s Property. 13.1. 11.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. 11.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord; provided that Tenant shall not be liable for such assessments associated with the value of any other tenant’s personal property or trade fixtures as part of Operating Expenses.
13.3. 11.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above11.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7Article 10, but shall be treated, as to such other tenants, as provided in this Section 13.311.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 3 contracts
Samples: Lease (Tocagen Inc), Lease (Tocagen Inc), Lease (Tocagen Inc)
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least twenty (20) days prior to delinquency.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 3 contracts
Samples: Lease Agreement (CM Life Sciences III Inc.), Lease (Pyxis Oncology, Inc.), Lease (Silverback Therapeutics, Inc.)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, accompanied by reasonable documentation evidencing that such increase is due to Tenant’s personal property or trade fixtures, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
10.4. Tenant shall also pay to the appropriate Governmental Authority, before any penalties or fines are assessed, any use and occupancy tax in connection with the Premises. In the event Landlord is required by law to collect such tax, Tenant shall pay such use and occupancy tax to Landlord as Additional Rent within ten (10) days of demand and Landlord shall remit any amounts so paid to Landlord to the appropriate Governmental Authority to a timely fashion. Tenant shall also pay to Landlord the applicable state sales tax, if any, on all Rent simultaneously with the payment by Tenant of the Rent as otherwise required by Applicable Law.
Appears in 2 contracts
Samples: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Taxes on Tenant’s Property. 13.1. 9.1 Tenant shall be liable for and shall pay prior to delinquency any and all taxes levied against Tenant's equipment, furniture, fixtures and any other personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. 9.2 If any such taxes on Tenant’s 's equipment, furniture, fixtures and any other personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building Buildings, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s 's equipment, furniture, fixtures and any other personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Buildings, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlordlevied against Landlord or the proportion of such taxes resulting from such increase in the assessment, as the case may be.
13.3. 9.3 If any improvements in or alterations to the Premises, whether owned 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 improvements conforming to Landlord’s 's building standards (the “"Building Standard”") in other spaces in the Building Buildings are assessed, then the real property taxes and assessments levied against Landlord or the Building Buildings, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above9.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant. Landlord acknowledges that the Improvements to be constructed in the Premises pursuant to Exhibit B are not above Building Standard.
9.4 Notwithstanding any contrary provision herein and to the extent applicable, Tenant shall pay prior to delinquency any (i) rent tax or sales tax, service tax, transfer tax or value added tax, or any other applicable tax on the rent or services herein or otherwise respecting this Lease, (ii) taxes assessed upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion of the Project, including the Project parking facility; or (iii) taxes assessed upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises.
Appears in 2 contracts
Samples: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay pay, prior to delinquency delinquency, any and all taxes or assessments levied against any personal property or trade fixtures placed by Tenant in or about the Demised Premises.
13.2. 13.2 If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building or the Property is increased by the inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, after written notice to Tenant, Landlord pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalued, then Tenant shall, upon demand, shall within thirty (30) days after demand repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Demised Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereofTenant, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section Sections 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 77.5, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Landlord's "Building Standard", then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Samples: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least twenty (20) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice from Landlord to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Taxes on Tenant’s Property. 13.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section Article 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Samples: Lease (Receptos, Inc.), Lease (Receptos, Inc.)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all (a) taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises or (b) taxes on this transaction or any document to which Tenant is a party creating or transferring an interest in the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Samples: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by ten (10) days before Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixturesfixtures of Tenant, and if Landlord, after written notice to Tenant, Landlord pays the taxes based upon any on such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then Tenant shall, upon demand, shall within ten (10) days of demand repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. (b) If any the interior improvements in or alterations to the Premises, whether owned 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 Real Property Tax purposes at a valuation higher than the valuation at which standard office improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces space in the Building Complex are assessed, then the real property taxes Real Property Taxes and assessments levied against Landlord or the Building 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 Section 13.2 13B(a) above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant interior improvements or alterations are assessed at a higher valuation than standard office improvements in other space in the Building StandardComplex, then such records shall be binding on both the Landlord and the Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 2 contracts
Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay prior to not less than ten (10) days before delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, shall upon demand, demand repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants. If the records of the County Assessor assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
13.4 To the extent Tenant fails to make any payment required by this Article 13 and Landlord does so on Tenant's behalf, Tenant shall reimburse Landlord for the cost thereof pursuant to the provisions of Sections 7.1 and 24.3.
Appears in 2 contracts
Samples: Lease Agreement (Epoch Biosciences Inc), Lease (Cytel Corp/De)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all ten (10) days before delinquency, taxes levied against any personal property or trade fixtures existing in the Premises and used by Tenant during the demised term or placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any on such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, shall upon demand, as the case may be, repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. (b) If any the tenant improvements in or alterations to the Premises, whether owned 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 conforming to Landlord’s building standards (the “Building Standard”) in other spaces space in the Building Complex are assessed, then the real property taxes and assessments levied against Landlord or the Building 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 Section 13.2 12.2(a) above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant tenant improvements or alterations are assessed at a higher valuation than standard office improvements in other space in the Building StandardComplex, then such records shall be binding on both the Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 2 contracts
Samples: Sublease (Aravive, Inc.), Sublease (Versartis, Inc.)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay prior to not less than ten (10) days before delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value directly attributable to Tenant’s personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, shall upon demand, demand repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants. If the records of the County Assessor assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Samples: Lease (Biocept Inc), Lease (Biocept Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least twenty (20) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value solely attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, and provided Landlord is able to evidence such valuation pursuant to the documentation identified in the last sentence of this Section 10.3, to the extent available, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Taxes on Tenant’s Property. 13.111.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.211.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.311.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above11.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7Article 10, but shall be treated, as to such other tenants, as provided in this Section 13.311.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 2 contracts
Samples: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay prior to not less than ten (10) days before delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, upon demandwithin thirty (30) days of receipt of satisfactory evidence of such tax increase, repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants. If the records of the County Assessor county assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
13.4 To the extent Tenant fails to make any payment required by this Article 13 and Landlord does so on Tenant’s behalf, after notice to Tenant and opportunity for Tenant to make such payment, Tenant shall reimburse Landlord for the cost thereof pursuant to the provisions of Sections 7.1 and 24.3.
Appears in 2 contracts
Samples: Lease (Genelux Corp), Lease (Genelux Corp)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the PremisesPremises or on any gross or net receipts of or sales by Tenant.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demandwithin thirty (30) days after written demand (accompanied by reasonable supporting documentation thereof), repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the PremisesPremises (excluding the initial Tenant Improvements), whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (REGENXBIO Inc.)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay prior to not less than ten (10) days before delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, upon demandreceipt of satisfactory evidence of such tax increase, repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased or designed or intended to be leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants. If the records of the County Assessor assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
13.4 To the extent Tenant fails to make any payment required by this Article 13 and Landlord does so on Tenant’s behalf, Tenant shall reimburse Landlord for the cost thereof pursuant to the provisions of Sections 7.1 and 24.3.
Appears in 1 contract
Samples: Lease Agreement (Salmedix Inc)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and all shall pay, at least ten (10) days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessments, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested in writing by Tenant, Tenant shall, shall upon demand, demand repay to Landlord the taxes levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event, at Tenant’s sole cost and expense, Tenant shall have the right, in the name of Landlord and with Landlord’s reasonable cooperation, to bring a tax appeal or other appropriate action or proceeding to recover the amount of any such taxes so paid by Landlordunder protest, any amount so recovered to belong to Tenant, so long as Tenant shall bear all cost and expenses of such appeal, action, or proceeding and provided no tax lien shall be placed against the Building or the Project or any fine, penalty or other monetary amount shall become due to the applicable taxing authority from Landlord as a result.
13.3. (b) If any improvements the Changes (as defined in or alterations Section 14 below) to the Premises, whether owned 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 improvements Changes conforming to Landlord’s building standards (the “Building Standard”) ” in other spaces space in the Building are assessed, then the real property taxes and assessments assessment levied against Landlord or the Building property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Paragraph 12(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations Changes are assessed at a higher valuation than the Landlord’s “Building Standard”, then such records shall be binding on both Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Office Lease
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to space in the PremisesLower Campus leased by other tenants at the Project, whether owned by Landlord or Tenant such other tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s 's building standards (the “"Building Standard”) in other spaces in the Building are assessed"), then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Macrogenics Inc)
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, including Landlord’s Work, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Epizyme, Inc.)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten days before delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, of if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. (b) If any improvements in or alterations are made to Premises after the Premisescommencement of the term, whether owned 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 any improvements conforming to Landlord’s building standards (the “Building Standard”) or alterations in other spaces space in the Building Project of tenants not separately charged are assessed, then the real property taxes and assessments assessment levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Paragraph 10(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standardimprovements or alterations of tenants not separately charged, then 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. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Bent Building, the Bent Property or the Property Bent Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Bent Building, the Bent Property or the Bent Project, then Tenant shall, upon within ten (10) days after demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Bent Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Bent Building, the Bent Property or the Bent Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Bent Project leased by other tenants of Landlord at the Bent Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Idenix Pharmaceuticals Inc)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten (10) days before delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, of if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3(b) Landlord represents and warrants that the Landlord’s Improvements conform with Landlord’s Project Standard. If any improvements the subsequent Improvements in or alterations to the Premises, whether owned 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 improvements Improvements conforming to Landlord’s building standards (the “Building Project Standard”) ,” in other spaces space in the Building Project are assessed, then the real property taxes and assessments assessment levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 10(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations Improvements are assessed at a higher valuation than the Building Landlord’s Project Standard, then 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. 13.19.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.29.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.39.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above9.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Halozyme Therapeutics Inc)
Taxes on Tenant’s Property. 13.111.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.211.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon within thirty (30) days after demand, repay to Landlord the taxes so paid by Landlord.
13.311.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above11.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7Article 10, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.this
Appears in 1 contract
Samples: Lease (Daystar Technologies Inc)
Taxes on Tenant’s Property. 13.1. (A) Tenant shall be liable for and shall pay prior to delinquency any not later than ten (10) days before delinquency, all taxes, levies and all taxes assessments levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes taxes, levies and assessments on Tenant’s Xxxxxx's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, Landlord pays the taxes taxes, levies and assessments based upon any such increase in the assessed valued of the Building or the Projectsuch' increased -assessment, then Tenant shall, upon demandwithin five days after demand therefore, repay to Landlord the taxes taxes, levies and assessments so paid by levied against Landlord, or the proportion of such taxes, levies and assessments resul-ting from such increase in the assessment, together with interest thereon at the default rate determined in accordance with paragraph 36 of this Lease.
13.3. (B) If any improvements in or alterations to the PremisesTenant Improvements, whether owned installed and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to building standard (as determined by Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3subparagraph 11(A). If the records of the County Assessor tax assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations Improvements are assessed at a higher valuation than the Building Standardbuilding standard, then such records shall be binding on both Landlord and Tenant; otherwise, the actual cost of construction shall be the basis for such determination.
Appears in 1 contract
Samples: Lease Agreement (Institutional Equity Holdings Inc /Nv/)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements such Landlord Work or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Fractyl Health, Inc.)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all ten days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the 's Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then Tenant shall, shall upon demand, as the case may be, repay to Landlord the taxes so paid by levied against Landlord.
13.3. (b) If any Tenant improvements in or alterations to the Premises, whether owned installed and/or paid for by Landlord or Tenant and whether or not affixed to the real property Building so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which Tenant improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " in other spaces space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against all personal property of Tenant and shall be governed by the provisions of Section 13.2 subarticle (a) above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Landlord's "Building Standard", then such records shall be binding on both the Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual costs of construction shall be used. Landlord's Building Standards are set forth on Exhibit C attached hereto.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. Tenant shall pay pay, prior to delinquency delinquency, any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Demised Premises.
13.2. If Subject to Tenant's contest rights as provided in Section 13.4 below, if any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building or the Property is increased by the inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalued, then Tenant shall, shall upon demand, demand repay to Landlord the taxes so paid by levied against Landlord.
13.3. If any improvements in or alterations to the Demised Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 77.1, but shall be treated, as to such other tenants, as provided in this Section 13.3.
13.4. If Tenant shall have the records right, by appropriate proceedings, to protest or contest with the appropriate governmental agency any assessment, reassessment or allocation of Property Taxes or other taxes payable by Tenant hereunder, in whole or in part; provided that Tenant provides such financial assurances as Landlord may reasonably require in order to bond over or provide for such taxes and no jeopardy or threat to the County Assessor are available and sufficiently detailed to serve Project or any portion thereof exists as a basis result. Tenant may act in its own name and Landlord shall, at Tenant's request and expense, reasonably cooperate with Tenant in connection with such contest. Tenant may utilize any legal procedure for determining whether said payment under protest, if available, and may xxx to recover overpayments. Tenant improvements or alterations are assessed at a higher valuation than the Building Standardshall indemnify, then such records shall be binding on both hold harmless and defend Landlord and Tenantthe Demised Premises from any liens, liabilities, claims, losses, costs, expenses, fees, judgments, actions, causes of action or damages (including, without limitation, reasonable attorneys' fees and expenses) arising out of or related to any contest of Property Taxes by Tenant and shall pay any Property Taxes ultimately determined to be due, together with any interest or penalties charged by the taxing entity.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. a. Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten (10) days before delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. b. If any improvements the Tenant Improvements in or alterations to the Premises, whether owned installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s building standards (the “Building Rebuilding Standard”) in " for other spaces space in the Building building are assessed, then the real property taxes and assessments levied against Landlord or the Building or Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Paragraph 12a above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are not available and or sufficiently detailed to serve as a basis for determining whether making said Tenant improvements or alterations are assessed at a higher valuation than determination, the Building Standard, then such records actual cost of construction shall be binding on both Landlord and Tenantused.
Appears in 1 contract
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the SMRH:418641349.9 15 Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Affymetrix Inc)
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the PremisesPremises or on any gross or net receipts of or sales by Tenant.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (NanoString Technologies Inc)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all at least ten (10) days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessments, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, shall upon demand, demand repay to Landlord the taxes levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event. at Tenant's sole cost and expense, Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest. any amount so recovered to belong to Tenant.
13.3. (b) If any improvements the Aggregate Improvements in or alterations to the Premises, whether owned 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 improvements Aggregate Improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " in other spaces space in the Building are assessed, then the real property taxes and assessments assessment levied against Landlord or the Building property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Subparagraph 12(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations Aggregate Improvements are assessed at a higher valuation than the Landlord's "Building Standard, then ," such records shall be binding on both Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Synon Corp)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay pay, prior to delinquency delinquency, any and all taxes or assessments levied against any personal property or trade fixtures placed by Tenant in or about the Demised Premises.
13.2. 13.2 If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building or the Property is increased by the inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, after written notice to Tenant, Landlord pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalued, then Tenant shall, upon demand, shall within thirty (30) days after demand repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Demised Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereofTenant, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.Operating
Appears in 1 contract
Samples: Lease (Axys Pharmecueticals Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, promptly upon demandreceipt of an invoice therefor from Landlord, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section Article 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Cytrx Corp)
Taxes on Tenant’s Property. 13.1. a. Tenant shall be liable for and shall pay prior to delinquency any and all at least ten (10) days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixturesfixtures of Tenant, and if then Landlord, after written notice to Tenant, pays shall have the right to pay the taxes based upon any such increase in the assessed valued increased assessments, regardless of the Building or the Projectvalidity thereof, but only under proper protest if requested by Tenant in writing. If Landlord shall do so, then Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment.
13.3. b. If any improvements the Leasehold Improvements in or alterations to the Premises, whether owned 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 improvements Leasehold Improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " in other spaces space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building property by reason of such excess assessed valuation shall be deemed to be real property taxes and assessments levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. Subparagraph 12.
a. If the records of the County Assessor Assessors are available and sufficiently detailed to serve as a basis for determining whether said Tenant Leasehold improvements or alterations are assessed at a higher valuation than the Landlord's "Building Standard", then such records shall be binding on both Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual costs of construction shall be used.
Appears in 1 contract
Samples: Office Lease (Loudeye Corp)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall timely pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, shall upon demand, demand repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section Article 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants. If the records of the County Assessor assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
13.4 To the extent Tenant fails to make any payment required by this Article 13 and Landlord does so on Tenant’s behalf, Tenant shall reimburse Landlord for the cost thereof pursuant to the provisions of Sections 7.1 and 24.3.
Appears in 1 contract
Samples: Lease (Acucela Inc)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all ten (10) days before delinquency, taxes levied against any personal property or trade fixtures existing in the Premises and used by Tenant during the demised term or placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any on such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, shall upon demand, as the case may be, repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. (b) If any the tenant improvements in or alterations to the Premises, whether owned 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 conforming to Landlord’s building standards (the “Building Standard”) in other spaces space in the Building Complex are assessed, then the real property taxes and assessments levied against Landlord or the Building 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 Section 13.2 12.2(a) above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant tenant improvements or alterations are assessed at a higher valuation than standard office improvements in other space in the Building StandardComplex, then such records shall be binding on both the Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Lease Agreement (Versartis, Inc.)
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame prior to delinquency.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.in
Appears in 1 contract
Samples: Lease (Codex DNA, Inc.)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay prior to not less than ten (10) days before delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, upon demandwithin thirty (30) days of receipt of satisfactory evidence of such tax increase, repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants. If the records of the County Assessor county assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
13.4 To the extent Tenant fails to make any payment required by this Article 13 and Landlord does so on Tenant's behalf, after notice to Tenant and opportunity for Tenant to make such payment, Tenant shall reimburse Landlord for the cost thereof pursuant to the provisions of Sections 7.1 and 24.3.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant Xxxxxx in or about the Premises.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 10.3 If any improvements in or alterations to space in the PremisesLower Campus leased by other tenants at the Project, whether owned by Landlord or Tenant such other tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed), then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Macrogenics Inc)
Taxes on Tenant’s Property. 13.1. A. Tenant shall pay at least ten (10) days prior to delinquency any all taxes, license fees and all taxes public charges assessed or levied against any all equipment, personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s taxes, fees or charges are levied against Landlord or the Property or if the assessed value of the Premises is increased by the inclusion therein of the value placed upon such equipment, personal property or trade fixtures are levied against of Tenant and if Landlord pays the taxes, fees or Landlord’s property orcharges based on such increased assessment, if which Landlord shall have the assessed valuation right to do regardless of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixturesvalidity thereof, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, shall upon demand, repay to Landlord the taxes, fees or charges so levied against Landlord, or the portion of such taxes so paid by Landlordresulting from such increase in the assessment.
13.3. B. If any Tenant's improvements in or alterations to the Premises, whether owned 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 conforming to Landlord’s building standards (the “Building Standard”) in other spaces space in the Building Property are assessed, then the real property taxes and assessments levied against Landlord or the Building Property by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and TenantParagraph 11.
Appears in 1 contract
Samples: Lease Agreement (Emcon)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten (10) days before delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, of if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. (b) If any improvements the Tenant Improvements in or alterations to the Premises, whether owned 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 improvements Tenant Improvements conforming to Landlord’s building standards (the “Building Project Standard”) ” in other spaces space in the Building Project are assessed, then the real property taxes and assessments assessment levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Article 10(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations Improvements are assessed at a higher valuation than the Building Landlord’s Project Standard, then 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 (Macrovision Corp)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten (10) days before delinquency, all taxes levied Wed against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, . pays the taxes based upon any upon- such increase in increased assessment. which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof. but only under proper protest if requested by Tenant, then Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord. or the portion of such taxes resulting from such increase in the assessment.
13.3. (b) If any improvements the Tenant Improvements in or alterations to the Premises, whether owned installed. and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, . are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s building standards (the “'s "Building Standard”) in " for other spaces space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Paragraph 12
(a) above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are not available and or sufficiently detailed to serve as a basis for determining whether making said Tenant improvements or alterations are assessed at a higher valuation than determination, the Building Standard, then such records actual cost of construction shall be binding on both Landlord and Tenantused.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay prior to not less than ten (10) days before delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any tenant improvements, alterations, personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, upon demandreceipt of satisfactory evidence of such tax increase and assignment to Tenant of any claim for a refund, repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property Property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the disproportionate amount of the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants and any payments thereof by Tenant shall be reimbursed by Landlord to Tenant upon demand. If the records of the County Assessor assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
13.4 To the extent Tenant fails to make any payment required of Tenant by this Article 13 and Landlord does so on Tenant’s behalf, Tenant shall reimburse Landlord for the cost thereof pursuant to the provisions of Sections 7.1 and 24.3.
Appears in 1 contract
Samples: Lease (Icagen Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon ten (10) days’ prior written demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least ten (10) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Unity Biotechnology, Inc.)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon within ten (10) days after demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, including the Tenant Improvements, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) Tenant’s personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least twenty (20) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Cyclerion Therapeutics, Inc.)
Taxes on Tenant’s Property. 13.1. 13.1 Tenant shall pay prior to not less than ten (10) days before delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. Tenant shall not be responsible for taxes levied against any personal property or trade fixtures of other tenants.
13.2. 13.2 If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building or the Property Project is increased by the inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, Landlord after written notice to Tenant, Tenant pays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalue, then Tenant shall, upon demandwithin thirty (30) days of receipt of satisfactory evidence of such tax increase, repay to Landlord the taxes so paid by levied against Landlord.
13.3. 13.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of to Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section Article 7, but shall be treated, as to such other tenants, as provided in this Section 13.3, and shall be allocated to such other tenants. If the records of the County Assessor county assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant tenant improvements or alterations are assessed at a higher valuation than improvements in other spaces in the Building StandardProject, then such records shall be binding on both Landlord and Tenant.
13.4 To the extent Tenant fails to make any payment required by this Article 13 and Landlord does so on Tenant's behalf, after reasonable written notice to Tenant and opportunity for Tenant to make such payment, Tenant shall reimburse Landlord for the cost thereof pursuant to the provisions of Sections 7.1 and 24.3.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. (1) Tenant shall be liable for and shall pay prior to delinquency any and all ten days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any on such increase in increased assessment, which Landlord shall have the assessed valued right to do so regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, shall upon demand, as the case may be, repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord’s full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. (2) If any after the Commencement Date, Tenant’s Alterations (which shall not include the improvements described in Paragraph 8) causes the value of improvements in or alterations the Premises to exceed the Premises, whether owned by Landlord or Tenant and whether or not affixed to average value of improvements in the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other tenant spaces in the Building are assessedComplex, then the real property taxes Real Property Taxes and assessments levied against Landlord or the Building 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 Section 13.2 12A(i), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than standard office improvements in other space in the Building StandardComplex, then 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. 13.1. (a) Tenant shall pay be liable for and shall pay, prior to delinquency any and delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2Premises ("Tenant's Property"). If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, of if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. (b) If any tenant improvements in or alterations are made to the PremisesPremises at Tenant's request, whether owned 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, and such tenant improvements are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s building standards (the “Building 's "Project Standard”) ," in other spaces space in the Building Project are assessed, then the real property taxes and assessments assessment levied against Landlord or the Building Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Article 10(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant tenant improvements or alterations are assessed at a higher valuation than the Building Landlord's Project Standard, then 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 (Xicor Inc)
Taxes on Tenant’s Property. 13.1. 16.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. 16.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 16.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 16.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7Article 9, but shall be treated, as to such other tenants, as provided in this Section 13.316.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease Agreement (Epicept Corp)
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (aTYR PHARMA INC)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least twenty (20) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon within ten (10) days after demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least ten (10) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the PremisesPremises installed by or for Tenant (other than the Landlord Work and Tenant Improvements), whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant10.2.
Appears in 1 contract
Samples: Lease Agreement (Codex DNA, Inc.)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten days before delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. (b) If any improvements the Tenant Improvements in or alterations to the Premises, whether owned 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 improvements Tenant Improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " in other spaces space in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 paragraph 10(a), above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations Improvements are assessed at a higher valuation than the Landlord's "Building Standard, then ," 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: Office Building Lease (Virtual Mortgage Network Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Premises, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Premises, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease Agreement (Bionovo Inc)
Taxes on Tenant’s Property. 13.111.1. Commencing on the Term Commencement Date, Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.211.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.311.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Project are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above11.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7Article 10, but shall be treated, as to such other tenants, as provided in this Section 13.311.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Revance Therapeutics, Inc.)
Taxes on Tenant’s Property. 13.1. a. Tenant shall pay prior to delinquency any be liable for and shall pay, at least ten (10) days before delinquency, all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord Landlord's property or Landlord’s property or, if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest If requested by Tenant, Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. b. If any improvements the Tenant Improvements in or alterations to the Premises, whether owned installed, and/or paid for by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s building standards (the “'s "Building Standard”) in " for other spaces space in the Building building are assessed, then the real property taxes and assessments levied against Landlord or the Building or Project by reason of such excess assessed valued, then the real property taxes and assessments levied against the Building or Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 Paragraph 12a above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are not available and or sufficiently detailed to serve as a basis for determining whether making said Tenant improvements or alterations are assessed at a higher valuation than determination, the Building Standard, then such records actual cost of construction shall be binding on both Landlord and Tenantused.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. (a) Tenant shall pay prior to delinquency any be liable for and shall pay, before delinquency, all taxes levied against any personal property or trade fixtures placed by of Tenant in or about the Premises.
13.2, provided that Tenant has received a xxxx for the same. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s property or's property, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to placed upon Tenant’s personal property or trade fixtures, and if Landlord, after written notice reasonable Notice to Tenant, pays the taxes based upon any such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then Tenant shall, upon demand, repay to Landlord the taxes so paid by levied against Landlord, or the portion of such taxes resulting from such increase in the assessment.
13.3. (b) If any improvements the Tenant Improvements in or alterations to the Premises, whether owned 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 separately assessed by the tax assessor for real property tax purposes at a valuation higher than the valuation at which tenant improvements conforming to Landlord’s building standards (the “'s "Building Standard”) in other spaces in the Building Standard Improvements" are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 12(a) above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said the Tenant improvements or alterations Improvements are assessed at a higher valuation than the Building StandardStandard Improvements, then such records shall be binding on both Landlord and Tenant. If the records of the County Assessor are not available or sufficiently detailed, the actual cost of construction shall be used.
Appears in 1 contract
Samples: Office Building Lease (GLAUKOS Corp)
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.3. 10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Glycomimetics Inc)
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all ten days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any on such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant. Tenant shall, shall upon demand, as the case may be, repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. If any (b) if the Tenant improvements in or alterations to the Premises, whether owned installed, and/or paid for by Landlord or Tenant tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.standard office
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. 10.1 Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) Tenant’s personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Xxxxxx, and shall pay the Premisessame prior to delinquency.
13.2. 10.2 If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by LandlordLandlord with Xxxxxx’s next payment of Additional Rent (or within thirty (30) days after demand, whichever is sooner).
13.3. 10.3 If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all ten days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any on such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, shall upon demand, as the case may be, repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. (b) If any the Tenant improvements in or alterations to the Premises, whether owned 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 conforming to Landlord’s building standards (the “Building Standard”) in other spaces space in the Building Complex are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.the
Appears in 1 contract
Taxes on Tenant’s Property. 13.1. (a) Tenant shall be liable for and shall pay prior to delinquency any and all ten (10) days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based upon any on such increase in increased assessment, which Landlord shall have the assessed valued right to do regardless of the Building or the Projectvalidity thereof, then but only under proper protest if requested by Tenant, Tenant shall, shall upon demand, as the case may be, repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation, to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. If any (b) if the Tenant improvements in or alterations to the Premises, whether owned 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 conforming to Landlord’s building standards (the “Building Standard”) in other spaces space in the Building Complex are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.real
Appears in 1 contract
Samples: Lease Agreement (Ipass Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency be solely responsible for the payment of any and all taxes levied against any upon (a) its personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about Tenant, and shall pay the Premisessame at least twenty (20) days prior to delinquency.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Lyell Immunopharma, Inc.)
Taxes on Tenant’s Property. 13.1. Tenant shall pay pay, prior to delinquency delinquency, any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Demised Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, if the assessed valuation of the Building or the Property is increased by the inclusion therein of a value attributable to Tenant’s 's personal property or trade fixtures, and if Landlord, after written notice to TenantTenant (including a copy of the relevant tax bill), pays xays the taxes based upon any such increase in the assessed valued of the Building or the Projectvalued, then Tenant shall, shall upon demand, demand repay to Landlord the taxes so paid by levied against Landlord.
13.3. If any improvements in or alterations to the Demised Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “'s "Building Standard”) " improvements in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 77.1, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Landlord's "Building Standard, then ," such records shall be binding on both Landlord and Tenant. As used herein, "Building Standard" means the quality and standard of improvements (including generic laboratory improvements) provided to a majority of tenants (by square footage) in the Building without payment by such tenants of a premium in excess of their stated basic annual rents.
Appears in 1 contract
Taxes on Tenant’s Property. 13.19.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.29.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Buildings, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Buildings, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.39.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building Buildings are assessed, then the real property taxes and assessments levied against Landlord or the Building Buildings, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above9.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Halozyme Therapeutics Inc)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any (a) personal property or and trade fixtures placed located at the Premises and (b) any gross or net receipts of or sales by Tenant in or about the PremisesTenant.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, made or requested by Tenant, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease Agreement (Synlogic, Inc.)
Taxes on Tenant’s Property. 13.110.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.210.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building Building, the Property or the Property Project is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after written notice to Tenant, pays the taxes based upon any such increase in the assessed valued value of the Building Building, the Property or the Project, then Tenant shall, upon demand, repay to Landlord the taxes so paid by Landlord.
13.310.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other equivalent spaces in the Building or the Project are assessed, then the real property taxes and assessments levied against Landlord or the Building Building, the Property or the Project by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above10.2. Any such excess assessed valuation due to improvements in or alterations to space in the Building Project leased by other tenants of Landlord at the Project shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3Expenses. If the records of the County Assessor applicable governmental assessor’s office are available and sufficiently detailed to serve as a basis for determining whether said such Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Inovio Pharmaceuticals, Inc.)
Taxes on Tenant’s Property. 13.1. Tenant shall pay prior to delinquency any and all taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or, if the assessed valuation of the Building or the Property is increased by inclusion therein of a value attributable to Tenant’s personal property or trade fixtures, and if Landlord, after ten (10) days’ written notice to Tenant, pays the taxes based upon any such increase in the assessed valued of the Building or the Project, then Tenant shall, upon within thirty (30) days after receipt of a written demand, repay to Landlord such increased portion of the taxes so paid by Landlord.
13.3. If any improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, are assessed for real property tax purposes at a valuation higher than the valuation at which improvements conforming to Landlord’s building standards (the “Building Standard”) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section Article 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than the Building Standard, then such records shall be binding on both Landlord and Tenant.
Appears in 1 contract
Samples: Lease (Sonus Pharmaceuticals Inc)
Taxes on Tenant’s Property. 13.1. (1) Tenant shall be liable for and shall pay prior to delinquency any and all ten (10) days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises.
13.2. If any such taxes on Tenant’s 's personal property or trade fixtures are levied against Landlord or Landlord’s 's property or, or if the assessed valuation value of the Building or the Property Premises is increased by the inclusion therein of a value attributable to Tenant’s placed upon such personal property or trade fixtures, fixtures of Tenant and if Landlord, after written notice to Tenant, pays the taxes based on such increased assessment, which Landlord shall have the right to do regardless of the validity (but only under proper protest if requested by Tenant), Tenant shall upon any such increase demand, as in the assessed valued of the Building or the Project, then Tenant shall, upon demandcase may be, repay to Landlord the taxes so levied against Landlord, or the proportion of such taxes resulting from such increase in the assessment; provided that in any such event Tenant shall have the right, in the name of Landlord and with Landlord's full cooperation (but without cost to Landlord), to bring suit in any court of competent jurisdiction to recover the amount of any such taxes so paid by Landlordunder protest, and any amount so recovered shall belong to Tenant.
13.3. (2) If any the Tenant improvements in or alterations to the Premises, whether owned 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 improvements conforming to Landlord’s building standards standard office
(the “Building Standard”1) in other spaces in the Building are assessed, then the real property taxes and assessments levied against Landlord or the Building by reason of such excess assessed valuation shall be deemed to be taxes levied against personal property of Tenant and shall be governed by the provisions of Section 13.2 above. Any such excess assessed valuation due to improvements in or alterations to space in the Building leased by other tenants of Landlord shall not be included in the Operating Expenses defined in Section 7, but shall be treated, as to such other tenants, as provided in this Section 13.3. If the records of the County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements or alterations are assessed at a higher valuation than standard office improvements in other space in the Building StandardComplex, then 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