Common use of Taxes – Real Property Clause in Contracts

Taxes – Real Property. 4.3.1 If the Taxes – Real Property (Actual) during any calendar year are greater than the Taxes – Real Property (Actual) applicable to the Tax Base Year, Tenant shall be obligated to pay to Landlord as Additional Rent an amount equal to Tenant’s Proportionate Share of Taxes – Real Property (Actual). 4.3.2 Beginning with the Effective Date (or as soon thereafter as reasonably possible), Landlord shall provide to Tenant a statement of the Taxes – Real Property (Projected) for the Property for the year in which the Effective Date occurs. Tenant shall pay each Projected Real Property Tax Installment to Landlord on the first day of each month during the Term of the Lease. Until Tenant has received the statement of the Taxes – Real Property (Projected) from Landlord, Tenant shall continue to pay Projected Real Property Tax Installments to Landlord in the same amount (if any) as required for the last month of the prior calendar year. Upon Tenant’s receipt of such statement of the Taxes – Real Property (Projected), Tenant shall pay to Landlord, or Landlord shall pay to Tenant (whichever is appropriate), the difference between the amount paid by Tenant as Projected Real Property Tax Installments prior to receiving such statement and the amount payable by Tenant therefor as set forth in such statement. Landlord shall provide Tenant a statement on or before June 15 (or as soon thereafter as reasonably possible) after the end of each calendar year, showing Tenant’s Proportionate Share of Taxes – Real Property (Actual) applicable to such calendar year, as compared to the total of the Projected Real Property Tax Installments for such calendar year. If Tenant’s Proportionate Share of Taxes – Real Property (Actual) for such calendar year exceeds the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Tenant shall pay to Landlord, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. However, if Tenant’s Proportionate Share of Taxes – Real Property (Actual) for such calendar year is less than the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Landlord shall pay to Tenant, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. Landlord shall have the right from time to time during each calendar year to revise the Taxes – Real Property (Projected), based upon Landlord’s reasonable estimate of increases or decreases in Taxes – Real Property (Projected) and provide Tenant with a revised statement thereof. Thereafter, Tenant shall pay Projected Real Property Tax Installments on the basis of the revised statement. If the Commencement Date is not the first day of a calendar year, or the expiration or termination date of this Lease is not the last day of a calendar year, then Tenant’s Proportionate Share of Taxes – Real Property (Actual) shall be prorated. The foregoing adjustment provisions shall survive the expiration or termination of the Term of this Lease. If Landlord receives an abatement of Taxes – Real Property for any fiscal/tax year in respect of which Tenant pays Tenant’s Proportionate Share of Taxes – Real Property, then Landlord shall, within thirty (30) days after Landlord actually receives the proceeds of such abatement, credit or pay to Tenant with Tenant’s Proportionate Share of the net (i.e. net of the reasonable costs incurred by Landlord in obtaining such abatement) amount of such abatement proceeds, provided however, that in no event shall Tenant receive, with respect to any fiscal tax year, more than the actual amount of Tenant’s Proportionate Share of Taxes – Real Property paid by Tenant for Landlord for such fiscal tax year.

Taxes – Real Property. 4.3.1 If the Taxes – - Real Property (Actual) during any calendar year are greater than the Taxes – - Real Property (Actual) applicable to the Tax Base Year, Tenant shall be obligated to pay to Landlord as Additional Rent an amount equal to Tenant’s Proportionate Share of Taxes – - Real Property (Actual). 4.3.2 Beginning with the Effective Date (or as soon thereafter as reasonably possible), Landlord shall provide to Tenant a statement of the Taxes – - Real Property (Projected) for the Property for the year in which the Effective Date occurs. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Tenant shall pay each Projected Real Property Tax Installment to Landlord on the first day of each month during the Term of the Lease. Until Tenant has received the statement of the Taxes – - Real Property (Projected) from Landlord, Tenant shall continue to pay Projected Real Property Tax Installments to Landlord in the same amount (if any) as required for the last month of the prior calendar year. Upon TenantTexxxx’s receipt of such statement of the Taxes – - Real Property (Projected), Tenant shall pay to Landlord, or Landlord shall pay to Tenant (whichever is appropriate), the difference between the amount paid by Tenant as Texxxx xs Projected Real Property Tax Installments prior to receiving such statement and the amount payable by Tenant therefor as set forth in such statement. Landlord shall provide Tenant a statement on or before June 15 (or as soon thereafter as reasonably possible) after the end of each calendar year, showing TenantTexxxx’s Proportionate Share of Taxes – - Real Property (Actual) applicable to such calendar year, as compared to the total of the Projected Real Property Tax Installments for such calendar year. If Tenant’s Proportionate Share of Taxes – - Real Property (Actual) for such calendar year exceeds the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Tenant shall pay to Landlord, within thirty (30) calendar days following TenantTexxxx’s receipt of such statement, the amount of such excess. However, if TenantTexxxx’s Proportionate Share of Taxes – - Real Property (Actual) for such calendar year is less than the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Landlord shall pay to Tenant, within thirty (30) calendar days following TenantTexxxx’s receipt of such statement, the amount of such excess. Landlord shall have the right from time to time during each calendar year to revise the Taxes – - Real Property (Projected), based upon Landlord’s reasonable estimate of increases or decreases in Taxes – - Real Property (Projected) and provide Tenant with a revised statement thereof. Thereafter, Tenant shall pay Projected Real Property Tax Installments on the basis of the revised statement. If the Commencement Date is not the first day of a calendar year, or the expiration or termination date of this Lease is not the last day of a calendar year, then Tenant’s Proportionate Share of Taxes – - Real Property (Actual) shall be prorated. The foregoing adjustment provisions shall survive the expiration or termination of the Term of this Lease. If Landlord receives Laxxxxxx xeceives an abatement of Taxes – - Real Property for any fiscal/tax year in respect of which Tenant pays Tenant’s Proportionate Share of Taxes – - Real Property, then Landlord shall, within thirty (30) days after Landlord actually receives the proceeds of such abatement, credit or pay to Tenant with TenantTexxxx’s Proportionate Share of the net (i.e. net of the reasonable costs incurred by Landlord in obtaining such abatement) amount of such abatement proceeds, provided however, that in no event shall Tenant receive, with respect to any fiscal tax year, more than the actual amount of Tenant’s Proportionate Share of Taxes – - Real Property paid by Tenant for Landlord for such fiscal tax year.

Taxes – Real Property. 4.3.1 If the Taxes – — Real Property (Actual) during any calendar year are greater than the Taxes – — Real Property (Actual) applicable to the Tax Base Year, Tenant shall be obligated to pay to Landlord as Additional Rent an amount equal to Tenant’s Proportionate Share of Taxes – — Real Property (Actual). 4.3.2 Beginning with the Effective Date (or as soon thereafter as reasonably possible), Landlord shall provide to Tenant a statement of the Taxes – — Real Property (Projected) for the Property for the year in which the Effective Date occurs. Tenant shall pay each Projected Real Property Tax Installment to Landlord on the first day of each month during the Term of the Lease. Until Tenant has received the statement of the Taxes – — Real Property (Projected) from Landlord, Tenant shall continue to pay Projected Real Property Tax Installments to Landlord in the same amount (if any) as required for the last month of the prior calendar year. Upon Tenant’s receipt of such statement of the Taxes – — Real Property (Projected), Tenant shall pay to Landlord, or Landlord shall pay to Tenant (whichever is appropriate), the difference between the amount paid by Tenant as Projected Real Property Tax Installments prior to receiving such statement and the amount payable by Tenant therefor as set forth in such statement. Landlord shall provide Tenant a statement on or before June 15 (or as soon thereafter as reasonably possible) after the end of each calendar year, showing Tenant’s Proportionate Share of Taxes – — Real Property (Actual) applicable to such calendar year, as compared to the total of the Projected Real Property Tax Installments for such calendar year. If Tenant’s Proportionate Share of Taxes – — Real Property (Actual) for such calendar year exceeds the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Tenant shall pay to Landlord, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. However, if Tenant’s Proportionate Share of Taxes – — Real Property (Actual) for such calendar year is less than the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Landlord shall pay to Tenant, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. Landlord shall have the right from time to time during each calendar year to revise the Taxes – — Real Property (Projected), based upon Landlord’s reasonable estimate of increases or decreases in Taxes – — Real Property (Projected) and provide Tenant with a revised statement thereof. Thereafter, Tenant shall pay Projected Real Property Tax Installments on the basis of the revised statement. If the Commencement Date is not the first day of a calendar year, or the expiration or termination date of this Lease is not the last day of a calendar year, then Tenant’s Proportionate Share of Taxes – — Real Property (Actual) shall be prorated. The foregoing adjustment provisions shall survive the expiration or termination of the Term of this Lease. If Landlord receives an abatement of Taxes – — Real Property for any fiscal/tax year in respect of which Tenant pays Tenant’s Proportionate Share of Taxes – — Real Property, then Landlord shall, within thirty (30) days after Landlord actually receives the proceeds of such abatement, credit or pay to Tenant with Tenant’s Proportionate Share of the net (i.e. net of the reasonable costs incurred by Landlord in obtaining such abatement) amount of such abatement proceeds, provided however, that in no event shall Tenant receive, with respect to any fiscal tax year, more than the actual amount of Tenant’s Proportionate Share of Taxes – — Real Property paid by Tenant for Landlord for such fiscal tax year.

Taxes – Real Property. 4.3.1 If Landlord shall be responsible for and shall pay before delinquency to the applicable taxing authority all Taxes – Real Property; provided that Tenant shall make payments to Landlord in an amount equal to the Taxes – Real Property (Actual) at least [***] days in advance of the applicable taxing authority due date. Any Taxes – Real Property relating to a fiscal period of the taxing authority, a part of which period is included within a period of time prior to or after the end of the Term, whether or not such Taxes – Real Property are assessed, levied, confirmed, imposed upon or in respect of, or become a lien upon the Property, or become payable, during any calendar year are greater than the Term, will be adjusted between Landlord and Tenant as of the Commencement Date or end of the Term, so that Tenant will pay the Taxes – Real Property (Actual) applicable allocable to the Tax Base Year, Tenant shall be obligated part of the fiscal period included in the Term and Landlord will pay the remainder. Tenant’s obligation to pay to Landlord as Additional Rent an amount equal to Tenant’s Proportionate Share of Taxes – Real Property on the Property under this Section 4.3 shall be binding on Tenant, even though the Premises do not include and Tenant shall not have any right to access or use the Landlord-Exclusive Areas and notwithstanding Landlord’s rights under Section 1.5 hereof as to the Access Areas. To the extent that Landlord receives any credit for a real estate tax abatement or exemption from any taxing authority with regard to the Property for any period contained within the Term, Tenant shall receive a credit against the next installment of Base Rent thereafter due equal to the amount of such credit. Tenant will have the right to contest (Actual). 4.3.2 Beginning with at Tenant’s sole cost and expense) the Effective Date (amount or as soon thereafter as reasonably possible)validity, Landlord shall provide to Tenant a statement in whole or in part, of the any Taxes – Real Property (Projected) by appropriate proceedings diligently conducted in good faith. If requested by Tenant, Landlord shall join in any contest or proceedings required to be brought by or in the name Landlord and otherwise cooperate with Tenant in the prosecution thereof; provided, however, that Landlord will not be subjected to any liability for the Property for the year payment of any costs or expenses in which the Effective Date occurs. connection with any contest or proceedings, and Tenant shall pay each Projected Real Property Tax Installment be responsible for any and all costs or expenses reasonably incurred by Landlord, including but not limited to Landlord on the first day of each month during the Term of the Leasereasonable attorney’s fees. Until Tenant has received the statement of the If a program exists which will, upon proper application, result in a total or partial exemption from, or abatement or reduction of, Taxes – Real Property (Projected) from Landlord, Tenant shall continue assessed or to pay Projected Real Property Tax Installments to Landlord in be assessed against the same amount (if any) as required for the last month of the prior calendar year. Upon Tenant’s receipt of such statement of the Taxes – Real Property (Projectedwhether by virtue of a “payments-in-lieu-of-taxes” agreement or otherwise, but other than through the normal tax contest proceedings), Tenant shall pay to Landlord, or may apply therefor (and Landlord shall pay to Tenant (whichever is appropriate), the difference between the amount paid by cooperate with Tenant as Projected Real Property Tax Installments prior to receiving such statement and the amount payable by Tenant therefor as set forth in such statement. Landlord shall provide Tenant a statement on or before June 15 (or as soon thereafter as may reasonably possible) after the end of each calendar year, showing require at Tenant’s Proportionate Share of Taxes – Real Property (Actual) applicable to such calendar yearsole cost and expense, as compared to the total of the Projected Real Property Tax Installments for such calendar year. If Tenant’s Proportionate Share of Taxes – Real Property (Actual) for such calendar year exceeds the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Tenant shall pay to Landlord, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. However, if Tenant’s Proportionate Share of Taxes – Real Property (Actual) for such calendar year is less than the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Landlord shall pay to Tenant, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. Landlord shall have the right from time to time during each calendar year to revise the Taxes – Real Property (Projected), based upon Landlord’s reasonable estimate of increases expressly including any costs or decreases in Taxes – Real Property (Projected) and provide Tenant with a revised statement thereof. Thereafter, Tenant shall pay Projected Real Property Tax Installments on the basis of the revised statement. If the Commencement Date is not the first day of a calendar year, or the expiration or termination date of this Lease is not the last day of a calendar year, then Tenant’s Proportionate Share of Taxes – Real Property (Actual) shall be prorated. The foregoing adjustment provisions shall survive the expiration or termination of the Term of this Lease. If Landlord receives an abatement of Taxes – Real Property for any fiscal/tax year in respect of which Tenant pays Tenant’s Proportionate Share of Taxes – Real Property, then Landlord shall, within thirty (30) days after Landlord actually receives the proceeds of such abatement, credit or pay to Tenant with Tenant’s Proportionate Share of the net (i.e. net of the reasonable costs expenses reasonably incurred by Landlord in obtaining such abatement) amount of such abatement proceeds, provided however, that in no event shall Tenant receive, with respect to any fiscal tax year, more than the actual amount of Tenant’s Proportionate Share of Taxes – Real Property paid by Tenant for Landlord for such fiscal tax yearLandlord).

Taxes – Real Property. 4.3.1 If Landlord shall be responsible for and shall pay before delinquency to the applicable taxing authority all Taxes – Real Property; provided that Tenant shall make payments to Landlord in an amount equal to the Taxes – Real Property at least thirty (Actual30) days in advance of the applicable taxing authority due date. Any Taxes – Real Property relating to a fiscal period of the taxing authority, a part of which period is included within a period of time prior to or after the end of the Term, whether or not such Taxes – Real Property are assessed, levied, confirmed, imposed upon or in respect of, or become a lien upon the Property, or become payable, during any calendar year are greater than the Term, will be adjusted between Landlord and Tenant as of the Commencement Date or end of the Term, so that Tenant will pay the Taxes – Real Property (Actual) applicable allocable to the Tax Base Year, Tenant shall be obligated part of the fiscal period included in the Term and Landlord will pay the remainder. Tenant’s obligation to pay to Landlord as Additional Rent an amount equal to Tenant’s Proportionate Share of Taxes – Real Property on the Property under this Section 4.3 shall be binding on Tenant, even though the Premises do not include and Tenant shall not have any right to access or use the Landlord-Exclusive Areas and notwithstanding Landlord’s rights under Section 1.5 hereof as to the Access Areas. To the extent that Xxxxxxxx receives any credit for a real estate tax abatement or exemption from any taxing authority with regard to the Property for any period contained within the Term, Tenant shall receive a credit against the next installment of Base Rent (Actual). 4.3.2 Beginning with and any applicable Add-on) thereafter due equal to the Effective Date amount of such credit. Tenant will have the right to contest (at Xxxxxx’s sole cost and expense) the amount or as soon thereafter as reasonably possible)validity, Landlord shall provide to Tenant a statement in whole or in part, of the any Taxes – Real Property (Projected) by appropriate proceedings diligently conducted in good faith. If requested by Xxxxxx, Landlord shall join in any contest or proceedings required to be brought by or in the name Landlord and otherwise cooperate with Tenant in the prosecution thereof; provided, however, that Landlord will not be subjected to any liability for the Property for the year payment of any costs or expenses in which the Effective Date occurs. connection with any contest or proceedings, and Tenant shall pay each Projected Real Property Tax Installment be responsible for any and all costs or expenses reasonably incurred by Landlord, including but not limited to Landlord on the first day of each month during the Term of the Leasereasonable attorney’s fees. Until Tenant has received the statement of the If a program exists which will, upon proper application, result in a total or partial exemption from, or abatement or reduction of, Taxes – Real Property (Projected) from Landlord, Tenant shall continue assessed or to pay Projected Real Property Tax Installments to Landlord in be assessed against the same amount (if any) as required for the last month of the prior calendar year. Upon Tenant’s receipt of such statement of the Taxes – Real Property (Projectedwhether by virtue of a “payments-in-lieu-of-taxes” agreement or otherwise, but other than through the normal tax contest proceedings), Tenant shall pay to Landlord, or may apply therefor (and Landlord shall pay to Tenant (whichever is appropriate), the difference between the amount paid by cooperate with Tenant as Projected Real Property Tax Installments prior to receiving such statement and the amount payable by Tenant therefor as set forth in such statement. Landlord shall provide Tenant a statement on or before June 15 (or as soon thereafter as may reasonably possible) after the end of each calendar year, showing require at Tenant’s Proportionate Share of Taxes – Real Property (Actual) applicable to such calendar yearsole cost and expense, as compared to the total of the Projected Real Property Tax Installments for such calendar year. If Tenant’s Proportionate Share of Taxes – Real Property (Actual) for such calendar year exceeds the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Tenant shall pay to Landlord, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. However, if Tenant’s Proportionate Share of Taxes – Real Property (Actual) for such calendar year is less than the aggregate of the Projected Real Property Tax Installments collected by Landlord from Tenant with regard to such calendar year, Landlord shall pay to Tenant, within thirty (30) calendar days following Tenant’s receipt of such statement, the amount of such excess. Landlord shall have the right from time to time during each calendar year to revise the Taxes – Real Property (Projected), based upon Landlord’s reasonable estimate of increases expressly including any costs or decreases in Taxes – Real Property (Projected) and provide Tenant with a revised statement thereof. Thereafter, Tenant shall pay Projected Real Property Tax Installments on the basis of the revised statement. If the Commencement Date is not the first day of a calendar year, or the expiration or termination date of this Lease is not the last day of a calendar year, then Tenant’s Proportionate Share of Taxes – Real Property (Actual) shall be prorated. The foregoing adjustment provisions shall survive the expiration or termination of the Term of this Lease. If Landlord receives an abatement of Taxes – Real Property for any fiscal/tax year in respect of which Tenant pays Tenant’s Proportionate Share of Taxes – Real Property, then Landlord shall, within thirty (30) days after Landlord actually receives the proceeds of such abatement, credit or pay to Tenant with Tenant’s Proportionate Share of the net (i.e. net of the reasonable costs expenses reasonably incurred by Landlord in obtaining such abatement) amount of such abatement proceeds, provided however, that in no event shall Tenant receive, with respect to any fiscal tax year, more than the actual amount of Tenant’s Proportionate Share of Taxes – Real Property paid by Tenant for Landlord for such fiscal tax yearLandlord).