Common use of Taxes Payable by Xxxxxx Clause in Contracts

Taxes Payable by Xxxxxx. Tenant shall pay, to the applicable taxing authority upon written demand and prior to delinquency, all taxes, assessments, excises, levies, fees and charges, including all payments related to the cost of providing facilities or services, of every kind and description, general or special, ordinary or extraordinary, foreseen or unforeseen, secured or unsecured, whether or not now customary or within the contemplation of Landlord and Tenant, that are levied, assessed, charged, confirmed or imposed by any public or government authority upon or against, or measured by, or reasonably attributable to, or otherwise with respect to (a) the Premises or any part thereof or any personal property used in connection with the Premises, (b) the cost or value of Tenant’s furniture, fixtures, equipment and other personal property located in the Premises or the cost or value of any improvements made in or to the Premises by or for Tenant, regardless of whether title to such improvements is vested in Tenant or Landlord, (c) any rent payable under this Lease, including any gross income tax or excise tax levied by any public or government authority with respect to the receipt of any such rent, (d) the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or (e) this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises. All taxes, assessments, excises, levies, fees and charges payable by Tenant under this section 3.5 shall be deemed to be, and shall be paid as, additional rent. BE 543 154 EUL Final 120511 SAA2 – 402658

Taxes Payable by Xxxxxx. (a) Landlord advised Xxxxxx that execution of this Lease and Xxxxxx's development, use and occupancy of the Premises may create possessory interests subject to property taxation, and that Tenant may be subject to the payment of property taxes levied on such possessory interests. Tenant shall pay, to the applicable taxing authority upon written demand and prior to delinquency, all ad valorem property taxes, possessory interest taxes and all other taxes, assessments, excises, levies, fees and charges, including all payments related to the cost of providing facilities or services, of every kind and description, general or special, ordinary or extraordinary, foreseen or unforeseen, secured or unsecured, whether or not now customary or within the contemplation of Landlord and Tenant, that are levied, assessed, charged, confirmed or imposed by any public or government authority upon or against, or measured by, or reasonably attributable to, or otherwise with respect to (a) the Premises Premises, any buildings or other improvements thereon or any part thereof or any personal property Personal Property used in connection with the Premises, or any part of the Premises, buildings or other improvements or Personal Property, (b) the cost or value of Tenant’s furniture, fixtures, equipment and other personal property 's Personal Property located in at the Premises or the cost or value of any buildings or Other improvements made in or to the Premises by or for Tenant, regardless of whether title to such buildings or other improvements is vested in Tenant or Landlord, (c) any rent Rent payable under this Lease, including any gross income tax or excise tax levied by any public or government authority with respect to the receipt of any such rentRent, (d) the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or (e) this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises. All taxes, assessments, excises, levies, fees and charges payable by Tenant under this section 3.5 5.6 shall be deemed to be, and shall be paid as, additional rentRent. BE 543 154 EUL Final 120511 SAA2 – 402658Tenant shall not look to Landlord to pay or reimburse any such taxes imposed during the Transition Term. Notwithstanding the foregoing, if any possessory interest taxes or any other taxes are imposed upon the Premises or Tenant as a result of a change in the federal legislative jurisdiction of the Premises (including, without limitation, a change by Landlord pursuant to 51 U.S.C. § 20146), then the effective as of the commencement of the next following Lease Year, the following annual rent schedule shall apply to all future payments of Annual Base Rent due under this Lease in lieu of the Annual Base Rent set forth in schedules included in the Basic Lease Information and section 5.1(b) as follows: (A) for the Initial Term (i) Lease Years 1-3 $10,250,000; (ii) Lease Years 4-10 - $14,500,000; (iii) Lease Year 11 — $14,750,000; and (iii) Lease Years 12-60 - $19,500,000; and (B) for the Extension Terms: