Common use of Taxes Payable by Lessee Clause in Contracts

Taxes Payable by Lessee. a) The Lessee shall during the Term pay, without any deduction, abatement or set-off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee’s obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee’s contest, then the contest shall not be undertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned to the Lessee.

Taxes Payable by Lessee. a) The A. Lessee shall during the Term paypay to Lessor in accordance with paragraph 10.C, without any deductionLessee’s Percentage Share of all taxes, abatement or set-off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding other governmental levies and charges of any kind or nature arising which at any time during the term of this Lease or growing out any extension thereof may be assessed, levied or imposed by a governmental authority upon or with respect to the Premises or any part thereof (including any personal property located therein), or with respect to the conduct of the failure business therein, or any use or occupancy thereof, or with respect to the ownership by Lessor of the Lessee Premises, without regard to keep the person, firm or corporation against which any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing such taxes may be assessed. It is intended that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required taxes to be paid by Lessee hereunder shall include (without limitation) (i) any real or personal property (except taxes levied on personal property belonging to other tenants in the Building) taxes and any special and general assessments assessed against Lessor or the Premises to the extent that they are based upon or measured by the size or value of the Premises; (ii) in lieu of, or in substitution for, or in addition to, any real or personal property taxes on the Premises; (iii) taxes upon the gross or net rental income of Lessor (or otherwise measured by rental income) derived from the Premises (including, without limitation, any excise tax); and (iv) any increase in any of the foregoing described taxes which may occur on any account of a change in use of the Premises by Lessee, the execution of this Lease by the parties, or any subsequent sale or lease of the Building by Lessor. Nothing contained in this Lease, however, shall require Lessee hereunder. No to pay any interest, penalties or premiums on any such contest shall defer or suspend the amount unless imposed as a result of Lessee’s obligations default in payment, or any estate, inheritance, succession, capital levy, or income tax of Lessor. B. Lessee’s liability hereunder to pay any tax shall be prorated on a daily basis to account for any fractional portion of a tax period included in the term of this Lease or any extension thereof at its commencement and expiration. X. Xxxxxx shall notify Lessee, at least thirty (30) days before any taxes must be paid without incurring a penalty, of Lessee’s Percentage Share of the real property taxes and any other taxes described above in paragraph 10.A and whether Lessor has elected to pay said taxes in the permitted installments or in one lump sum prior to the date on which the first installment in due. Such notice shall include a complete copy of the applicable tax bills. Lessee shall pay Lessee’s Percentage Share of said taxes as shown in Lessor’s notice at least ten (10) days prior to the date said taxes must be paid without incurring a penalty. If Lessee is given at least thirty (30) days notice prior to the date on which said taxes must be paid without incurring a penalty and Lessee fails to pay the Taxes sums required within ten (10) days of the date of the notice, Lessee shall pay to Lessor, as herein additional rent, all interest and penalties assessed by the taxing authority if Lessor has failed to make the timely payment of said taxes, in addition to the late charge provided pending for in paragraph 3. X. Xxxxxx shall pay before execution on any tax lien all real property taxes due for the contestBuilding. E. Lessee at its cost shall have the right, at any time, to seek a reduction in the assessed valuation of the Building or to contest any real property taxes that are to be paid by Lessee, but if by law it is necessary that any such payment be suspended contest or action shall not relieve Lessee of the obligation on the part of Lessee to preserve or perfect the pay Lessee’s contest, then the contest Percentage Share of said taxes to Lessor when due. Lessor shall not be undertaken without there being first deposited with required to join in any proceeding or contest brought by Lessee, although said proceedings may be brought in the name of Lessor provided that Lessor does not have to appear personally or bear any cost. Lessor shall cooperate in such efforts by Lessee by providing to any consultant hired by Lessee (and not directly to Lessee or any of its employees or Directors) and who agrees to keep said information confidential in a sum of money equal manner determined by Lessor, reasonable information regarding the Building and its income so that such a contest or action way be prosecuted. If Lessee, its consultant, and Lessor cannot agree as to twice the amount of the Taxes that are the subject of the contest, information to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessorprovided, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned relieved of his obligation to the provide any such information to Lessee.