Common use of TAXES PAYABLE BY TENANT Clause in Contracts

TAXES PAYABLE BY TENANT. Tenant shall only pay Tenant’s Proportionate Share of any increase, if any, in Taxes for each year and partial year falling within the Term over the Taxes for the calendar year 2014 (the “Base Year”); provided, however, that Tenant shall not be required to make any payment allocable to the period prior to: (i) the first (1st) anniversary of the Commencement Date; or (ii) the expiration of calendar year 2014. Landlord may make a good faith estimate of the Taxes to be due by Tenant for any calendar year or part thereof during the Term after the Base Year. During each calendar year or partial calendar year of the Term after the Base Year, Tenant shall pay to Landlord, in advance concurrently with each monthly installment of Base Rent, an amount equal to the estimated Taxes payable by Tenant for such calendar year or part thereof divided by the number of months therein. From time to time, Landlord may estimate and re-estimate the Taxes to be due by Tenant and deliver a copy of the estimate or re-estimate to Tenant. Thereafter, the monthly installments of Taxes payable by Tenant shall be appropriately adjusted in accordance with the estimations so that, by the end of the calendar year in question, Tenant shall have paid all of the Taxes payable by Tenant for such year as estimated by Landlord. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Taxes are available for each calendar year. “Taxes” shall mean taxes, assessments, and governmental charges or fees whether federal, state, county or municipal, and whether they be by taxing districts or authorities presently taxing or by others, subsequently created or otherwise, now or hereafter attributable to the Project or Complex, as applicable (or its operation), excluding, however, penalties and interest thereon and federal and state taxes on income (if the present method of taxation changes so that in lieu of or in addition to the whole or any part of any Taxes, there is levied on Landlord a capital tax directly on the rents received therefrom or a franchise tax, assessment, or charge based, in whole or in part, upon such rents for the Project or Complex, as applicable, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed to be included within the term “Taxes” for purposes hereof). The Taxes on the entire Project shall be allocated among the separate buildings (including the Building) in the Complex, as reasonably determined by Landlord, and only the portion of the Taxes so allocated to the Building shall be included in “Taxes” for purposes of this Exhibit C. As of the date of this Lease, the Taxes on the Project (which consist of Taxes on the Land, on which are located the Building and the 201 Building of the Xxxxxxx Office Complex, and Taxes on Tax Lots 1 and 3, Block 219, of the Borough of Xxxxxxxxxx, on which are located parking facilities and other Common Areas of the Project) are allocated between such buildings in proportion to the total rentable square footage contained in each building. Taxes shall include the costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Project, provided such contest is successful. For property tax purposes, to the extent allowed by Law, Tenant waives all rights to protest or appeal the appraised value of the Premises, as well as the Project and Complex, and all rights to receive notices of reappraisement. If Landlord shall receive a refund of Taxes for any year in respect of which Tenant has made a Taxes payment, Landlord shall either pay to Tenant or credit against the next Rent due hereunder Tenant’s Proportionate Share of the amount of such refund less the reasonable actual out-of-pocket costs, if any, incurred by Landlord in obtaining such refund (up to a maximum refund to Tenant of the amount of Tenant’s Taxes payment for such year).

TAXES PAYABLE BY TENANT. Tenant shall only be liable for and shall pay ten (10) days before delinquency, taxes levied against any personal property or trade fixtures placed by Tenant in or about the Premises. If any such taxes on Tenant’s Proportionate Share of any increase, 's personal property or trade fixtures are levied against Landlord or Landlord's property or if any, in Taxes for each year and partial year falling within the Term over the Taxes for the calendar year 2014 (the “Base Year”); provided, however, that Tenant shall not be required to make any payment allocable to the period prior to: (i) the first (1st) anniversary assessed value of the Commencement Date; Premises is increased by the inclusion therein of a value placed upon such personal property or (ii) trade fixtures of Tenant and if Landlord, after written notice to Tenant, pays the expiration of calendar year 2014. taxes based on such increased assessment, which Landlord may make a good faith estimate shall have the right to do regardless of the Taxes to be due validity thereof (but only under proper protest if requested by Tenant for any calendar year or part thereof during the Term after the Base Year. During each calendar year or partial calendar year of the Term after the Base YearTenant), Tenant shall pay 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 (but without cost to Landlord), to bring suit in advance concurrently with each monthly installment any court of Base Rentcompetent jurisdiction to recover the amount of any such taxes so paid under protest, an and any amount equal to the estimated Taxes payable by Tenant for such calendar year or part thereof divided by the number of months therein. From time to time, Landlord may estimate and re-estimate the Taxes to be due by Tenant and deliver a copy of the estimate or re-estimate so recovered shall belong to Tenant. ThereafterIf the tenant improvements in the Premises (other than the initial Tenant Improvements detailed in Section 2.C), the monthly installments of Taxes payable whether installed, and/or paid for by Landlord or Tenant shall be appropriately adjusted in accordance with the estimations so that, by the end of the calendar year in question, Tenant shall have paid all of the Taxes payable by Tenant for such year as estimated by Landlord. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Taxes are available for each calendar year. “Taxes” shall mean taxes, assessments, and governmental charges or fees whether federal, state, county or municipal, and whether they be by taxing districts or authorities presently taxing or by others, subsequently created or otherwise, now or hereafter attributable not affixed to the Project or Complexreal property so as to become a part thereof, as applicable (or its operation), excluding, however, penalties and interest thereon and federal and state taxes on income (if are assessed for real property tax purposes at a valuation higher than the present method of taxation changes so that valuation at which standard office improvements in lieu of or other space in addition to the whole or any part of any Taxes, there is levied on Landlord a capital tax directly on the rents received therefrom or a franchise tax, assessment, or charge based, in whole or in part, upon such rents for the Project or Complex, as applicableComplex are assessed, then all such taxes, assessments, or charges, the real property taxes and assessments levied against Landlord or the part thereof so based, Complex by reason of such excess assessed valuation shall be deemed to be included within the term “Taxes” for purposes hereof). The Taxes on the entire Project taxes levied against personal property of Tenant and shall be allocated among paid by Tenant within ten (10) days after Landlord delivers a demand therefore. If the separate buildings (including records of the Building) County Assessor are available and sufficiently detailed to serve as a basis for determining whether said Tenant improvements are assessed at a higher valuation than standard office improvements in other space in the Complex, as reasonably determined by Landlord, such records shall be binding on both the Landlord and only the portion Tenant. If the records of the Taxes so allocated County Assessor are not available or sufficiently detailed to serve as a basis for making said determination, the Building actual cost of construction shall be included in “Taxes” for purposes of this Exhibit C. As of the date of this Lease, the Taxes on the Project (which consist of Taxes on the Land, on which are located the Building and the 201 Building of the Xxxxxxx Office Complex, and Taxes on Tax Lots 1 and 3, Block 219, of the Borough of Xxxxxxxxxx, on which are located parking facilities and other Common Areas of the Project) are allocated between such buildings in proportion to the total rentable square footage contained in each building. Taxes shall include the costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Project, provided such contest is successful. For property tax purposes, to the extent allowed by Law, Tenant waives all rights to protest or appeal the appraised value of the Premises, as well as the Project and Complex, and all rights to receive notices of reappraisement. If Landlord shall receive a refund of Taxes for any year in respect of which Tenant has made a Taxes payment, Landlord shall either pay to Tenant or credit against the next Rent due hereunder Tenant’s Proportionate Share of the amount of such refund less the reasonable actual out-of-pocket costs, if any, incurred by Landlord in obtaining such refund (up to a maximum refund to Tenant of the amount of Tenant’s Taxes payment for such year)used.

TAXES PAYABLE BY TENANT. (a) If there is no separate assessment for Taxes with respect to the Leased Premises, or if there is a separate assessment, but such separate assessment, together with all other separate assessments relating to the Complex, do not aggregate the total assessment for Taxes for the Complex, then until such time as there is a separate assessment for Taxes with respect to the Leased Premises which, together with all other such separate assessments, aggregate the total assessment for Taxes for the Complex, and the Landlord so directs as set out in paragraph (b) of this Section, the Tenant shall only pay Tenant’s as Additional Rent its Proportionate Share of any increase, if any, in Taxes for each year and partial year falling within the Term over the Taxes for the calendar year 2014 (Complex, adjusting the “Base Year”); provided, however, that Tenant shall not be required to make any payment allocable to occupied tax rate for the period prior to: (i) the first (1st) anniversary Tenant's specific use of the Commencement Date; Leased Premises, provided that the Landlord, at its option, may apportion the total assessment for Taxes for the Complex amongst the leaseable premises of the Complex, including the Leased Premises, based on generally accepted real estate appraisal practices and adjusting the assessment based on the use of each portion of the Complex, as if such premises are actually separately assessed. If there is no separate assessment for Taxes as herein provided and the Complex is not fully assessed as a commercial or (ii) industrial property for determination of Taxes in any Year, then the expiration of calendar year 2014. Landlord may make a good faith estimate of shall adjust the Taxes to be due by Tenant for an amount that would have been determined if the Complex were fully assessed as an occupied commercial or industrial property. If the Leased Premises are at any calendar year or part thereof time during the Term after assessed for the Base Year. During each calendar year support of Separate Schools or partial calendar year if the Taxes are increased by reason of any installations made in or upon or any alterations made in or to the Leased Premises by the Tenant or by the Landlord on behalf of the Term after Tenant, then the Base Year, Tenant shall pay to Landlord, in advance concurrently with each monthly installment the amount of Base Rent, an amount equal such increase forthwith to the estimated Taxes payable by Tenant Landlord upon receipt of notice thereof. If any lands or building in the Complex (other than the Leased Premises) are assessed during the Term for such calendar year the support of Separate Schools or part thereof divided by the number of months therein. From time to time, Landlord may estimate and re-estimate if the Taxes to be due are increased by Tenant and deliver a copy of the estimate or re-estimate to Tenant. Thereafter, the monthly installments of Taxes payable by Tenant shall be appropriately adjusted in accordance with the estimations so that, by the end of the calendar year in question, Tenant shall have paid all of the Taxes payable by Tenant for such year as estimated by Landlord. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Taxes are available for each calendar year. “Taxes” shall mean taxes, assessments, and governmental charges or fees whether federal, state, county or municipal, and whether they be by taxing districts or authorities presently taxing or by others, subsequently created or otherwise, now or hereafter attributable to the Project or Complex, as applicable (or its operation), excluding, however, penalties and interest thereon and federal and state taxes on income (if the present method of taxation changes so that in lieu of or in addition to the whole or any part reason of any Taxes, there is levied on Landlord a capital tax directly on alterations made during the rents received therefrom or a franchise tax, assessment, or charge based, in whole or in part, upon such rents for the Project or Complex, as applicable, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed 10 Term to be included within the term “Taxes” for purposes hereof). The Taxes on the entire Project shall be allocated among the separate buildings any building (including other than the Building) in the Complex, as reasonably determined by Landlord, and only the portion of the Taxes so allocated to the Building shall be included in “Taxes” for purposes of this Exhibit C. As of the date of this Lease, the Taxes on the Project (which consist of Taxes on the Land, on which are located the Building and the 201 Building of the Xxxxxxx Office Complex, and Taxes on Tax Lots 1 and 3, Block 219, of the Borough of Xxxxxxxxxx, on which are located parking facilities and other Common Areas of the Project) are allocated between such buildings in proportion to the total rentable square footage contained in each building. Taxes shall include the costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Project, provided such contest is successful. For property tax purposes, to the extent allowed by Law, Tenant waives all rights to protest or appeal the appraised value of the Premises, as well as the Project and Complex, and all rights to receive notices of reappraisement. If Landlord shall receive a refund of Taxes for any year in respect of which Tenant has made a Taxes payment, Landlord shall either pay to Tenant or credit against the next Rent due hereunder Tenant’s Proportionate Share of then the amount of such refund less increase in the reasonable actual out-of-pocket costs, if any, incurred by Landlord in obtaining such refund (up to a maximum refund to Tenant Taxes shall be deducted from the Taxes for the Complex for purposes of determining the amount of Tenant’s Taxes payment for such year)'s Proportionate Share thereof.

TAXES PAYABLE BY TENANT. Tenant shall only pay pay, before delinquency, all taxes levied against, imposed upon, measured by, or resulting from or with respect to (a) any personal property or trade fixtures placed by Tenant in or about the premises; (b) any improvements (“Special Improvements”) to the premises in excess of building standard improvements, whether owned by Landlord or Tenant’s Proportionate Share ; (c) the possession, lease, operation, management, maintenance, alteration, improvement, repair, use or occupancy of the premises or any portion thereof; (d) this transaction or any document to which Tenant is a party creating or transferring any interest or estate in the premises; (e) the cost and expenses of contesting the amount or validity of any increase, if any, in Taxes for each year and partial year falling within the Term over the Taxes for the calendar year 2014 (the “Base Year”); provided, however, that Tenant shall not be required to make any payment allocable to the period prior to: (i) the first (1st) anniversary of the Commencement Date; or (ii) foregoing taxes. Notwithstanding the expiration of calendar year 2014. Landlord may make a good faith estimate of the Taxes to be due by Tenant for any calendar year or part thereof during the Term after the Base Year. During each calendar year or partial calendar year of the Term after the Base Year, Tenant shall pay to Landlord, in advance concurrently with each monthly installment of Base Rent, an amount equal to the estimated Taxes payable by Tenant for such calendar year or part thereof divided by the number of months therein. From time to time, Landlord may estimate and re-estimate the Taxes to be due by Tenant and deliver a copy of the estimate or re-estimate to Tenant. Thereafter, the monthly installments of Taxes payable by Tenant shall be appropriately adjusted in accordance with the estimations so that, by the end of the calendar year in questionforegoing, Tenant shall have paid all the right to contest the effect and applicability of any such taxes to Tenant and/or the premises, so long as Tenant uses reasonable measures to protect Landlord’s interest in the building and the premises. If any such taxes are levied against Landlord or Landlord’s property, and if Landlord pays the same, which Landlord shall have the right to do regardless of the Taxes payable validity of such levy (but only after having provided Tenant ten (10) days’ notice of Landlord’s intent to make such payment), or if the assessed value of Landlord’s property is increased by Tenant for the inclusion therein of a value placed upon such year as estimated by Landlord. Any amounts paid personal property, trade fixtures or Special Improvements of Tenant, and if Landlord pays the taxes based on upon such an estimate increased assessment, which Landlord shall be have the right to do regardless of the validity thereof, but subject to adjustment as herein provided when actual Taxes are available for each calendar year. “Taxes” shall mean taxes, assessments, and governmental charges or fees whether federal, state, county or municipal, and whether they be by taxing districts or authorities presently taxing or by others, subsequently created or otherwise, now or hereafter attributable Tenant’s right to contest the Project or Complex, as applicable (or its operation), excluding, however, penalties and interest thereon and federal and state taxes on income (if the present method of taxation changes so that in lieu of or in addition to the whole or any part validity of any Taxes, there is levied on Landlord a capital tax directly on the rents received therefrom or a franchise tax, assessment, or charge based, in whole or in parttaxes provided for herein and only after ten (10) days’ written notice to Tenant of Landlord’s intent to make such payment. Tenant shall, upon such rents for demand, repay to Landlord the Project or Complex, as applicable, then all such taxes, assessments, or chargestaxes so levied against Landlord, or the part thereof so basedproportion of such taxes resulting from such increase in the assessment, as the case may be. The amount of any tax upon Tenant’s personal property attached to the premises, trade fixtures or Special Improvements which is included in the property tax assessment for the building shall be deemed to be included within the term “Taxes” for purposes hereof). The Taxes determined on the entire Project basis of the records of the County Assessor if such records are sufficiently detailed to allow such determination, and if not, then the amount shall be allocated among determined on the separate buildings (including the Building) in the Complex, as reasonably determined by Landlord, and only the portion basis of the Taxes so allocated to the Building shall be included in “Taxes” for purposes actual cost of this Exhibit C. As of the date of this Lease, the Taxes on the Project (which consist of Taxes on the Land, on which are located the Building and the 201 Building of the Xxxxxxx Office Complex, and Taxes on Tax Lots 1 and 3, Block 219, of the Borough of Xxxxxxxxxx, on which are located parking facilities and other Common Areas of the Project) are allocated between such buildings in proportion to the total rentable square footage contained in each building. Taxes shall include the costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes construction or in seeking to lower the tax valuation of the Project, provided such contest is successful. For property tax purposes, to the extent allowed by Law, Tenant waives all rights to protest or appeal the appraised value of the Premises, as well as the Project and Complex, and all rights to receive notices of reappraisement. If Landlord shall receive a refund of Taxes for any year in respect of which Tenant has made a Taxes payment, Landlord shall either pay to Tenant or credit against the next Rent due hereunder Tenant’s Proportionate Share of the amount of such refund less the reasonable actual out-of-pocket costs, if any, incurred by Landlord in obtaining such refund (up to a maximum refund to Tenant of the amount of Tenant’s Taxes payment for such year)installation thereof.

TAXES PAYABLE BY TENANT. (a) If there is no separate assessment for Taxes with respect to the Leased Premises, or if there is a separate assessment, but such separate assessment, together with all other separate assessments relating to the Complex, do not aggregate the total assessment for Taxes for the Complex, then until such time as there is a separate assessment for Taxes with respect to the Leased Premises which, together with all other such separate assessments, aggregate the total assessment for Taxes for the Complex, and the Landlord so directs as set out in paragraph (b) of this Section, the Tenant shall only pay Tenant’s as Additional Rent its Proportionate Share of any increase, if any, in Taxes for each year and partial year falling within the Term over the Taxes for the calendar year 2014 (Complex, adjusting the “Base Year”); provided, however, that Tenant shall not be required to make any payment allocable to occupied tax rate for the period prior to: (i) the first (1st) anniversary Tenant’s specific use of the Commencement Date; Leased Premises, provided that the Landlord, at its option, may apportion the total assessment for Taxes for the Complex amongst the leaseable premises of the Complex, including the Leased Premises, based on generally accepted real estate appraisal practices and adjusting the assessment based on the use of each portion of the Complex, as if such premises are actually separately assessed. If there is no separate assessment for Taxes as herein provided and the Complex is not fully assessed as a commercial or (ii) industrial property for determination of Taxes in any Year, then the expiration of calendar year 2014. Landlord may make a good faith estimate of shall adjust the Taxes to be due by Tenant for an amount that would have been determined if the Complex were fully assessed as an occupied commercial or industrial property. If the Leased Premises are at any calendar year or part thereof time during the Term after assessed for the Base Year. During each calendar year support of Separate Schools or partial calendar year if the Taxes are increased by reason of any installations made in or upon or any alterations made in or to the Leased Premises by the Tenant or by the Landlord on behalf of the Term after Tenant, then the Base Year, Tenant shall pay to Landlord, in advance concurrently with each monthly installment the amount of Base Rent, an amount equal such increase forthwith to the estimated Taxes payable by Tenant Landlord upon receipt of notice thereof. If any lands or building in the Complex (other than the Leased Premises) are assessed during the Term for such calendar year the support of Separate Schools or part thereof divided by the number of months therein. From time to time, Landlord may estimate and re-estimate if the Taxes to be due are increased by Tenant and deliver a copy of the estimate or re-estimate to Tenant. Thereafter, the monthly installments of Taxes payable by Tenant shall be appropriately adjusted in accordance with the estimations so that, by the end of the calendar year in question, Tenant shall have paid all of the Taxes payable by Tenant for such year as estimated by Landlord. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided when actual Taxes are available for each calendar year. “Taxes” shall mean taxes, assessments, and governmental charges or fees whether federal, state, county or municipal, and whether they be by taxing districts or authorities presently taxing or by others, subsequently created or otherwise, now or hereafter attributable to the Project or Complex, as applicable (or its operation), excluding, however, penalties and interest thereon and federal and state taxes on income (if the present method of taxation changes so that in lieu of or in addition to the whole or any part reason of any Taxes, there is levied on Landlord a capital tax directly on alterations made during the rents received therefrom or a franchise tax, assessment, or charge based, in whole or in part, upon such rents for the Project or Complex, as applicable, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed Term to be included within the term “Taxes” for purposes hereof). The Taxes on the entire Project shall be allocated among the separate buildings any building (including other than the Building) in the Complex, as reasonably determined by Landlord, and only then the portion amount of such increase in the Taxes so allocated to the Building shall be included in “Taxes” deducted from the Taxes for the Complex for purposes of this Exhibit C. As of determining the date of this Lease, the Taxes on the Project (which consist of Taxes on the Land, on which are located the Building and the 201 Building of the Xxxxxxx Office Complex, and Taxes on Tax Lots 1 and 3, Block 219, of the Borough of Xxxxxxxxxx, on which are located parking facilities and other Common Areas of the Project) are allocated between such buildings in proportion to the total rentable square footage contained in each building. Taxes shall include the costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Project, provided such contest is successful. For property tax purposes, to the extent allowed by Law, Tenant waives all rights to protest or appeal the appraised value of the Premises, as well as the Project and Complex, and all rights to receive notices of reappraisement. If Landlord shall receive a refund of Taxes for any year in respect of which Tenant has made a Taxes payment, Landlord shall either pay to Tenant or credit against the next Rent due hereunder Tenant’s Proportionate Share of the amount of such refund less the reasonable actual out-of-pocket costs, if any, incurred by Landlord in obtaining such refund (up to a maximum refund to Tenant of the amount of Tenant’s Taxes payment for such year)thereof.