Common use of Taxes, Other Governmental Charges and Utility Charges Clause in Contracts

Taxes, Other Governmental Charges and Utility Charges. The Lessor and the Lessee contemplate that the Facilities will be used for a governmental or proprietary purpose of the Lessee and, therefore, that the Facilities will be exempt from all property-related use and sales taxes presently assessed and levied with respect thereto. In the event the use, possession or acquisition of the Facilities are found to be subject to taxation in any form, the Lessee will pay during the Lease Term, as the same respectively become due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Facilities and any equipment or other property acquired by the Lessee in substitution for, as a renewal or replacement of, or a modification, improvement or addition to the Facilities as well as all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy, and upkeep of the Facilities; that with respect to any governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid during the Lease Term. In the event of the assessment of any taxes on the Facilities, the Lessee shall promptly notify the Lessor of such assessment and provide proof of payment or a sustained protest.

Appears in 4 contracts

Samples: Facilities Lease Agreement, Facilities Lease Agreement, Facilities Lease Agreement

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Taxes, Other Governmental Charges and Utility Charges. {^} The Lessor parties acknowledge and the Lessee contemplate agree that the Facilities will be used for a {^} Project is exempt from ad valorem taxes pursuant to Section 196.1983, Florida Statutes, and therefore not subject to assessments levied by governmental or proprietary purpose of authorities. However, in the Lessee and, therefore, event that the Facilities will be exempt from all property-related use and sales taxes presently assessed and levied with respect thereto. In the event the ownership, leasing, use, possession or acquisition of the Facilities are {^} Project is found to be subject to taxation assessments or governmental charges in any form, the Lessee will pay pay, during the Lease Term, as the same respectively become come due, all taxes and other governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Facilities {^} Project and any equipment facilities or other property acquired by the Lessee as permitted under this Lease in substitution for, as a renewal or replacement of, or a modification, improvement or addition to the Facilities {^} Project or Project site; as well as all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy, occupancy and upkeep of the Facilities{^} Project and {^} Project Site; that provided that, with respect to any governmental charges that may lawfully be paid in installments over a period of years, the Lessee shall be obligated to pay only such installments as are required to be paid have accrued during the time the Lease TermTerm is in effect. In the event The obligations of the assessment Lessee hereafter are subject to the availability of any taxes on funds therefor from annual appropriations by the Facilities, the Lessee shall promptly notify the Lessor of such assessment and provide proof of payment or a sustained protestState Legislature.

Appears in 1 contract

Samples: Lease Purchase Agreement

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