Common use of Taxes Payable by the Tenant Clause in Contracts

Taxes Payable by the Tenant. (a) If there are separate tax bills and separate assessment notices in respect of Taxes for the Leased Premises and the non-leasable areas of the Building and the Lands, subject to subparagraph (b) below, the Tenant will (i) pay as Additional Rent to the Landlord or to the taxing authorities if the Landlord so directs, and discharge during the Term within the times provided for by the taxing authorities, all Taxes that are levied, rated, charged or assessed from time to time, respectively, against the Leased Premises or any part thereof, on the basis of such separate tax xxxx and separate assessment notice rendered by any lawful taxing authority; and (ii) pay as Additional Rent in accordance with Section 3.6, its Proportionate Share of all Taxes in respect of the Building and the Lands, excluding all portions thereof designated or intended by the Landlord to be leased to tenants. (b) If there are not separate tax bills and separate assessment notices for the Leased Premises and the non-leasable areas of the Building and the Lands or, in any event, if the Landlord so elects, the Tenant will pay monthly in advance or otherwise as the Landlord directs, in accordance with Section 3.6, its Proportionate Share of all Taxes levied, rated, charged or assessed by any lawful authority against, or in relation to, the Building and the Lands, including the Common Areas and Facilities. (c) If the Landlord, acting equitably, determines that as a result of the construction or installation of any improvements in the Leased Premises, the use of the Leased Premises or the particular location of the Leased Premises within the Building, the Tenant's Proportionate Share of Taxes payable in accordance with subparagraph (b) above does not accurately reflect the proper share of the Taxes which should in the Landlord's opinion be payable by the Tenant, the Landlord may increase or decrease the Tenant's Proportionate Share of Taxes and the Tenant will pay such adjusted amount rather than the Tenant's Proportionate Share as set out in subparagraph (b) above. (d) In addition to the foregoing, but without duplication, the Tenant will reimburse the Landlord for each Rental Year and at the times and in the manner specified by the Landlord, the full amount of any Taxes in the nature of a business transfer tax, value-added tax, sales tax or any other taxes levied, rated, charged or assessed in respect of the Rent payable by the Tenant under this Lease or in respect of the rental of space by the Tenant under this Lease. It is agreed and understood that the Tenant shall reimburse the Landlord for such Taxes at the full tax rate applicable from time to time in respect of the Rent or the rental of space, without reference to any tax credits or exemptions available to the Landlord.

Appears in 2 contracts

Samples: Office Lease (Adexa Inc), Office Lease (Adexa Inc)

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Taxes Payable by the Tenant. In addition to the monthly rental and other charges to be paid by Tenant hereunder; (a) If there are separate tax bills Tenant shall reimburse Landlord upon demand for any and separate assessment notices all taxes paid (other than net income taxes) whether or not now customary or within the contemplation of the parties hereto upon, measured by or reasonably attributable to the cost or value of Tenant"s equipment, furniture, fixtures and other personal property located in respect the Premises or by the cost or value of Taxes any leasehold improvement made in or to the Premises by or for the Leased Premises and the non-leasable areas Tenant, other than building standard tenant improvements made by Landlord, regardless of the Building and the Lands, subject whether title to subparagraph such improvements shall be in Tenant or Landlord; (b) below, the Tenant will (i) agrees to pay as Additional Rent monthly to the Landlord any sales, use or other tax, excluding State and/or Federal Income Tax, now or hereafter imposed upon any and all rents or other sums due and payable hereunder by the United States of America, the State, or any political subdivision thereof, notwithstanding the fact that such statute, (a) Tenant, by its occupancy hereunder, accepts the Premises as being in good repair and condition. Tenant has no obligation to construct any improvements. Tenant shall maintain the Premises and every part there of in good repair and condition, damages by causes beyond the control of the Tenant, reasonable use, ordinary wear and tear excepted. Tenant, shall, at its own cost and expense, repair or replace any damage or injury to all or any part of the Premises caused by Tenant or Tenant"s agents, employees, invitees, licensees or visitors; provided, however, If Tenant fails to make the repairs or replacements promptly, Landlord may, at its option, make the repair or replacements and Tenant shall reimburse the cost to Landlord on demand. (b) Tenant shall make no changes in or to the taxing authorities if Premises of a material nature without Landlord"s prior written consent. Subject to the Landlord so directsprior written consent of Landlord, and discharge during to the Term within provisions of this paragraph, Tenant, at Tenant"s expense, and for Landlord"s benefit, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the times provided for interior of the Premises by using contractors or mechanics first approved by Landlord. All fixtures, paneling, partitions, railings and like installations, installed in the taxing authorities, all Taxes that are levied, rated, charged or assessed from time to Premises at any time, respectivelyeither by Tenant or by Landlord In Tenant"s behalf, against shall become the Leased property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than twenty (20) days prior to the date fixed as the termination of this Lease, elects to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant forthwith, at Tenant"s expense. Nothing in this paragraph shall be construed to prevent Tenant"s removal of trade fixtures, but upon removal of any such trade fixtures from the Premises, or upon removal of other installations as may be required by Landlord, Tenant shall immediately, and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Office Building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the Premises, after Tenant"s removal, shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord"s property, or may be removed from the Premises by Landlord at Tenant"s expense. Tenant shall, before making alterations, additions. installation~ or improvements, at its expense, obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry wxxxxxx"s compensation, general liability, personal and property damage insurance as Landlord may require. Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic"s liens upon Tenant"s interest in the Premises and real property, and any mechanic"s liens filed in contravention of this agreement upon the interest of Landlord, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialman and laborers to become involved in such work. Nothing herein shall be construed to give Tenant or any contractor, subcontractor, materialmen or laborer any right to a mechanic"s lien upon Landlord"s interest in the real property. Tenant shall at the and of the term hereof, surrender to Landlord the Premises and all alterations, additions and improvements thereto in the same condition as when received, ordinary wear and tear and damage by fire, Act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, on except as specifically herein set forth. No representations respecting the basis of such separate tax xxxx and separate assessment notice rendered by any lawful taxing authority; and (ii) pay as Additional Rent in accordance with Section 3.6, its Proportionate Share of all Taxes in respect condition of the Building and Premises, or the Lands, excluding all portions thereof designated or intended Buildings have been made by the Landlord to be leased to tenants. (b) If there are not separate tax bills and separate assessment notices for the Leased Premises and the non-leasable areas of the Building and the Lands or, in any event, if the Landlord so elects, the Tenant will pay monthly in advance or otherwise as the Landlord directs, in accordance with Section 3.6, its Proportionate Share of all Taxes levied, rated, charged or assessed by any lawful authority against, or in relation to, the Building and the Lands, including the Common Areas and Facilities. (c) If the Landlord, acting equitably, determines that as a result of the construction or installation of any improvements in the Leased Premises, the use of the Leased Premises or the particular location of the Leased Premises within the Building, the Tenant's Proportionate Share of Taxes payable in accordance with subparagraph (b) above does not accurately reflect the proper share of the Taxes which should in the Landlord's opinion be payable by the Tenant, the Landlord may increase or decrease the Tenant's Proportionate Share of Taxes and the Tenant will pay such adjusted amount rather than the Tenant's Proportionate Share except as specifically herein set out in subparagraph (b) aboveforth. (d) In addition to the foregoing, but without duplication, the Tenant will reimburse the Landlord for each Rental Year and at the times and in the manner specified by the Landlord, the full amount of any Taxes in the nature of a business transfer tax, value-added tax, sales tax or any other taxes levied, rated, charged or assessed in respect of the Rent payable by the Tenant under this Lease or in respect of the rental of space by the Tenant under this Lease. It is agreed and understood that the Tenant shall reimburse the Landlord for such Taxes at the full tax rate applicable from time to time in respect of the Rent or the rental of space, without reference to any tax credits or exemptions available to the Landlord.

Appears in 1 contract

Samples: Lease Modification (U S Plastic Lumber Corp)

Taxes Payable by the Tenant. (a) Tenant shall not contest any Taxes nor any valuation pertaining thereto and to the extent required, hereby forever relinquishes and waives any right it has or may have in the present or future to contest Taxes or any valuation pertaining thereto. If there during any Rental year, Municipal Taxes, School Taxes and/or Surtaxes exceed respectively Base Municipal Taxes, Base School Taxes and/or Base Surtaxes, the Tenant shall pay to Landlord its Proportionate share of all said increases of Municipal Taxes, School Taxes and/or Surtaxes; each of these increases shall be subject to a separate and distinct calculation. For greater certainty, Tenant is not entitled to any Gross Rent decrease and the Gross Rent will not in any manner be reduced or modified if during any Rental year, Municipal Taxes, School Taxes and/or Surtaxes be respectively lesser than Base Municipal Taxes, Base School Taxes and/or Base Surtaxes. Furthermore, Tenant shall pay to Landlord, as Additional Rent and over any other payable amount in accordance with the Lease, it Proportionate share of all costs and of all expenses incurred for consultation, appraisal, legal or other fees and expenses to the extend they are separate tax bills and separate assessment notices incurred in an attempt to minimize or reduce amounts mentioned in this Section (collectively "Consultation Expenses"). b) The Tenant will pay the amounts payable under Section 5.03(a) according to estimates or revised estimates made by the Landlord from time to time in respect of Taxes each Rental Year. The Tenant's payments will be made in advance in monthly amounts, determined by the Landlord, for periods determined by the Leased Premises and Landlord. Notwithstanding the non-leasable areas foregoing, when invoices or assessments for all or any portion of the Building and the LandsMunicipal Taxes, subject to subparagraph (b) belowSchool Taxes and/or Surtaxes so estimated are received, the Landlord may bill txx Tenant for Tenant's Proportionate Share of the increase thereof and Tenant shall pay the Landlord the amounts so billed forthwith. Within a reasonable time after the expiry of each Rental Year, the Landlord will deliver a statement (a "Tax Statement") to the Tenant that (i) pay as Additional Rent to specifies the Landlord or to Tenant's Proportionate Share of Consultation Expenses and of the taxing authorities if increase of Municipal Taxes, School Taxes and/or Surtaxes for the Landlord so directs, and discharge during the Term within the times provided for by the taxing authorities, all Taxes that are levied, rated, charged or assessed from time to time, respectively, against the Leased Premises or any part thereof, on the basis of such separate tax xxxx and separate assessment notice rendered by any lawful taxing authority; and Rental Year, (ii) pay as Additional Rent sets out the total, (the "Prepayment Total"), of amounts payable under this Section 5.03(b) that have been paid by the Tenant for such Rental Year. If the Prepayment Total, less any amounts that were previously credited to the Tenant, and any amounts paid for arrears in accordance with Section 3.6, its respect of previous Rental Years (the "Net Prepayment Total") is less than the Tenant's Proportionate Share of all Taxes in respect Consultation Expenses and of the Building and Taxes' increase specified in the Lands, excluding all portions thereof designated or intended by the Landlord to be leased to tenants. (b) If there are not separate tax bills and separate assessment notices for the Leased Premises and the non-leasable areas of the Building and the Lands or, in any event, if the Landlord so electsTax Statement, the Tenant will pay monthly in advance or otherwise as the Landlord directs, in accordance with Section 3.6, its deficiency without delay upon receipt of the Tax Statement. If the Net Prepayment Total exceeds the Tenant's Proportionate Share of all Taxes levied, rated, charged or assessed by any lawful authority against, or Consultation Expenses and of the Taxes' increase specified in relation tothe Tax Statement, the Building and Landlord will, at the LandsLandlord's discretion, including apply the Common Areas and Facilitiesexcess towards other amounts due by the Tenant or (unless the Tenant is then in default under any term or condition of this Lease) refund the excess within a reasonable time after delivery of the Tax Statement. Failure of the Landlord to render any Tax Statement shall not prejudice Landlord's right to render such Tax Statement thereafter or with respect to any other period. The rendering of a Tax Statement shall also not affect the Landlord's right to subsequently render an amended or corrected Tax Statement. (c) If the Landlord, acting equitably, determines that as last Rental Year expires or is terminated before the last day of a result of the construction or installation of any improvements in the Leased Premisescalendar year, the use Landlord will deliver to the Tenant a Tax Statement within a reasonable time after the expiry of such calendar year or, at the Leased Premises or Landlord's option, within a reasonable time after the particular location of last Rental Year. In the Leased Premises within the Buildinglatter case, the Tenant's Proportionate Share of Taxes payable in accordance with subparagraph (b) above does not accurately reflect the proper share Consultation Expenses and of the Taxes which should in Taxes' increase will be based on the Landlord's opinion estimate of Consultation Expenses and Taxes, which will be payable by considered as the Tenantfinal actual amount of Consultation Expenses and Taxes for the last Rental Year. In either case, the Landlord may increase or decrease the Tenant's Proportionate Share of Taxes and the Tenant will pay such adjusted amount rather than the Tenant's Proportionate Share as set out in subparagraph (b) above. (d) In addition to the foregoingLandlord any deficiency without delay upon receipt of the Tax Statement, but without duplicationor the Landlord will, at the Landlord's discretion, apply any excess towards other amounts due by the Tenant will reimburse or pay to the Tenant any excess the Tenant is entitled to within a reasonable time after the Landlord for each Rental Year and at delivers the times and Tax Statement (unless the Tenant is then in default under any term or condition of this Lease or it owes money to the manner specified by the Landlord, the full amount of any Taxes in the nature of a business transfer tax, value-added tax, sales tax or any other taxes levied, rated, charged or assessed Landlord in respect of the Rent payable by the Tenant under this Lease or in respect of the rental of space by the Tenant its obligations under this Lease. It is agreed and understood that the Tenant shall reimburse the Landlord for such Taxes at the full tax rate applicable from time to time in respect of the Rent or the rental of space, without reference to any tax credits or exemptions available to the Landlord.)

Appears in 1 contract

Samples: Lease Agreement (Technical Maintenance Corp)

Taxes Payable by the Tenant. (a) If there are separate tax bills and separate assessment notices in respect of Taxes for the Leased Premises and the non-leasable areas of the Building and the Lands, subject to subparagraph (b) below, the The Tenant will (i) pay as Additional Rent to the Landlord or to the taxing authorities if the Landlord so directsLandlord, and discharge during the Term within the times provided for by the taxing authoritiesin accordance with Section 3.06 hereof, its Proportionate Share of all Taxes that which are from time to time levied, rated, charged or assessed from time to time, respectively, against the Leased Premises or any part thereof, on the basis of such separate tax xxxx and separate assessment notice rendered by any lawful taxing authority; and (ii) pay as Additional Rent in accordance with Section 3.6, its Proportionate Share of all Taxes in respect of the Building and the Lands, excluding all portions thereof designated or intended by the Landlord to be leased to tenants. (b) If there are not separate tax bills and separate assessment notices for the Leased Premises and the non-leasable areas of the Building and the Lands or, in any event, if the Landlord so elects, the Tenant will pay monthly in advance or otherwise as the Landlord directs, in accordance with Section 3.6, its Proportionate Share of all Taxes levied, rated, charged or assessed by any lawful authority against, or in relation to, the Building and the Landsevery part thereof, including the Common Areas and Facilities. (cb) If the Landlord, acting equitably, determines that as a result of the construction or installation of any improvements in the Leased Premises, the use of the Leased Premises or the particular location of the Leased Premises within the Building, the Tenant's Proportionate Share of Taxes payable in accordance with subparagraph (b) above does not accurately reflect the proper share of the Taxes which should should, in the Landlord's opinion reasonable opinion, be payable by the Tenant, then the Landlord may increase or decrease the Tenant's Proportionate Share of Taxes and the Tenant will pay such that adjusted amount of Taxes rather than the Tenant's Proportionate Share set out in Section 3.02(a). (c) If there is a separate tax xxxx or assessment for Taxes for the Leased Premises, the Tenant will, if the Landlord requests, in lieu of paying its Proportionate Share as set out in subparagraph (b) above.Section 3.02(a), pay: (di) In addition all Taxes specified by that separate xxxx and assessment, and (ii) its proportionate Share of all Taxes levied or assessed against or allocated by the Landlord to the foregoingCommon Areas and Facilities. The Tenant shall promptly provide the Landlord with any separate tax bills or separate assessment notices for the Leased Premises and shall promptly deliver to the Landlord receipts evidencing the payment of all such Taxes payable directly to any such taxing authority and furnish such other information in connection with all such Taxes as the Landlord reasonably requires. If the Tenant is prohibited from paying its Proportionate Share of Taxes directly to the Landlord, but without duplicationas aforesaid, and if as a result, the amount which the Tenant has actually paid to the taxing authority during the Rental Year in question exceeds or is exceeded by the Tenant's Proportionate Share of Taxes, there will be an adjustment between the parties and (i) the Tenant will reimburse the Landlord for each Rental Year and at the times and in the manner specified by pay to the Landlord, within twenty (20) days after the full final tax bills are issued for such Rental Year, the amount by which the Tenant's Proportionate Share of Taxes for such Rental Year exceeds the amount of any Taxes in actually paid to the nature taxing authority by the Tenant, or (ii) the Landlord will pay to the Tenant, upon receipt of a business transfer tax, value-added tax, sales satisfactory evidence from the Tenant that the Tenant has paid the final tax or any other taxes levied, rated, charged or assessed in respect of xxxx for such Rental Year the Rent payable amount by which the Taxes actually paid to the taxing authority by the Tenant under this Lease or in respect exceeds the Tenant's Proportionate Share of the rental of space by the Tenant under this Lease. It is agreed and understood that the Tenant shall reimburse the Landlord Taxes for such Taxes at the full tax rate applicable from time to time in respect of the Rent or the rental of space, without reference to any tax credits or exemptions available to the LandlordRental Year.

Appears in 1 contract

Samples: Lease (Ironside Technologies Inc)

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Taxes Payable by the Tenant. (a) If there are separate tax bills and separate assessment notices in respect of Taxes for the Leased Premises and the non-leasable areas of the Building and the Lands, subject to subparagraph (b) below, the The Tenant will (i) pay as Additional Rent to the Landlord or to the taxing authorities if the Landlord so directs, and discharge during the Term within the times provided for by the taxing authorities, all Taxes that are levied, rated, charged or assessed from time to time, respectively, against the Leased Premises or any part thereof, on the basis of such separate tax xxxx and separate assessment notice rendered by any lawful taxing authority; and (ii) pay as Additional Rent Rent, in accordance with Section 3.63.06, its Proportionate Share of all Taxes which are levied or assessed against or in respect of relation to the Building and the Lands, excluding all portions thereof designated or intended by the Landlord to be leased to tenants. (b) If there are not separate tax bills and separate assessment notices for the Leased Premises and the non-leasable areas of the Building and the Lands or, in any event, if the Landlord so elects, the Tenant will pay monthly in advance or otherwise as the Landlord directs, in accordance with Section 3.6, its Proportionate Share of all Taxes levied, rated, charged or assessed by any lawful authority against, or in relation to, the Building and the Lands, including the Common Areas and Facilities. (c) If the Landlord, acting equitably, determines that as a result of the construction or installation of any improvements in the Leased Premises, the use of the Leased Premises or the particular location of the Leased Premises within the Building, the Tenant's Proportionate Share of Taxes payable in accordance with subparagraph (b) above does not accurately reflect the proper share of the Taxes which should should, in the Landlord's opinion reasonable opinion, be payable by the Tenant, then the Landlord may may, acting equitably and reasonably, increase or decrease the Tenant's Proportionate Share of Taxes having regard, to the extent possible, to the assessment principles and methods properly employed by the assessment authority having jurisdiction and the Tenant will pay such adjusted amount rather than the Tenant's Proportionate Share as set out in subparagraph (b) aboveSection 3.02(a). (dc) In addition to If there is a separate tax xxxx and assessment for Taxes for the foregoing, but without duplicationLeased Premises and the non-leaseable areas of the Building and the lands, the Tenant will reimburse will, if the Landlord requests, in lieu of paying its Proportionate Share, pay all Taxes specified by that separate xxxx and assessment for each Rental Year and at Taxes for the times Leased Premises and in accordance with Section 3.06, its Proportionate share of all Taxes which are levied or assessed against or in relation to the manner specified Building and the lands excluding all portions thereof designated or intended by the Landlord, the full amount of any Taxes in the nature of a business transfer tax, value-added tax, sales tax or any other taxes levied, rated, charged or assessed in respect of the Rent payable by the Tenant under this Lease or in respect of the rental of space by the Tenant under this Lease. It is agreed and understood that the Tenant shall reimburse the Landlord for such Taxes at the full tax rate applicable from time to time in respect of the Rent or the rental of space, without reference be leased to any tax credits or exemptions available to the Landlordtenants.

Appears in 1 contract

Samples: Lease Agreement (Geac Computer Corp LTD)

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