Common use of Taxes; Utility Charges Clause in Contracts

Taxes; Utility Charges. Subject to Lessee's rights of permitted contest pursuant to Section 13.1, Lessee shall pay or cause to be paid all Impositions with respect to the Properties and/or the use, occupancy, operation, repair, access, maintenance or operation thereof and all charges for electricity, power, gas, oil, water, telephone, sanitary sewer service and all other rents, utilities and operating expenses of any kind or type used in or on any Property and related real property during the Term. Upon Lessor's request, Lessee shall provide from time to time Lessor with evidence of all such payments referenced in the foregoing sentence. Lessee shall be entitled to receive any credit or refund with respect to any Imposition or utility charge paid by Lessee. Unless an Event of Default shall have occurred and be continuing, the amount of any credit or refund received by Lessor on account of any Imposition or utility charge paid by Lessee, net of the costs and expenses incurred by Lessor in obtaining such credit or refund, shall be promptly paid over to Lessee. All charges for Impositions or utilities imposed with respect to any Property for a period during which this Lease expires or terminates shall be adjusted and prorated on a daily basis between Lessor and Lessee, and each party shall pay or reimburse the other for such party's pro rata share thereof. During the Construction Period, the costs of Impositions and all other utility and other charges or expenses referenced in this Section 4.1 shall be paid by Lessor; provided, however, the Lessor shall pay such amounts described in this Section 4.1 only if funds are made available by the Lenders and the Holders in an amount sufficient to allow such payment.

Taxes; Utility Charges. Subject to Lessee's rights of permitted contest pursuant to Section 13.1From and after the Commencement Date for any Property, Lessee shall pay or cause to be paid all Impositions with respect to the Properties such Property and/or the use, occupancy, operation, repair, access, maintenance or operation thereof and all charges for electricity, power, gas, oil, water, telephone, sanitary sewer service and all other rents, utilities and operating expenses of any kind or type used in or on any Property and related real property during the Term. Prior to the Commencement Date for any Property, Lessor (at the direction of the Bank) shall make the payments referenced in the foregoing sentence (but only to the extent amounts are available therefor with respect to the Available Commitments and the Available Holder Commitments or the Bank increases the amount of Available Commitments and Available Holder Commitments to fund such costs). Upon Lessor's request, Lessee shall provide from time to time Lessor with evidence of all such payments referenced in the foregoing sentence. Lessee shall be entitled to receive any credit or refund with respect to any Imposition or utility charge paid by Lessee. Unless an Event of Default shall have occurred and be continuing, the amount of any credit or refund received by Lessor on account of any Imposition or utility charge paid by Lessee, net of the costs and expenses incurred by Lessor in obtaining such credit or refund, shall be promptly paid over to Lessee. All charges for Impositions or utilities imposed with respect to any Property for a period during which this Lease expires or terminates shall be adjusted and prorated on a daily basis between Lessor and Lessee, and each party shall pay or reimburse the other for such party's pro rata share thereof. During the Construction Period, the costs of Impositions and all other utility and other charges or expenses referenced in this Section 4.1 shall be paid by Lessor; provided, however, the Lessor shall pay such amounts described in this Section 4.1 only if funds are made available by the Lenders and the Holders in an amount sufficient to allow such payment.

Taxes; Utility Charges. Subject to Lessee's rights of permitted contest pursuant to Section 13.1, Lessee shall pay or cause to be paid all Impositions, other than Impositions with respect to Lessor Liens, with respect to the Properties and/or the use, occupancy, operation, repair, access, maintenance or operation thereof and all charges for electricity, power, gas, oil, water, telephone, sanitary sewer service and all other rents, utilities and operating expenses of any kind or type used in or on any Property and related real property during the Term. Upon Lessor's reasonable request, Lessee shall provide from time to time Lessor with evidence of all such payments referenced in the foregoing sentence. Lessee shall be entitled to receive any credit or refund with respect to any Imposition or utility charge paid by Lessee. Unless an Event of Default shall have occurred and be continuing, the amount of any credit or refund received by Lessor on account of any Imposition or utility charge paid by Lessee, net of the costs and expenses incurred by Lessor in obtaining such credit or refund, shall be promptly paid over to Lessee. All charges for Impositions or utilities imposed with respect to any Property for a period during which this Lease expires or terminates shall be adjusted and prorated on a daily basis between Lessor and Lessee, and each party shall pay or reimburse the other for such party's pro rata share thereof. During the Construction Period, the costs of Impositions and all other utility and other charges or expenses referenced in this Section 4.1 shall be paid by Lessor; provided, however, the Lessor shall pay such amounts described in this Section 4.1 only if funds are made available by the Lenders and the Holders in an amount sufficient to allow such payment.

Taxes; Utility Charges. Subject to Lessee's rights of permitted contest pursuant to Section 13.1From and after the Commencement Date for any Property, each applicable Lessee shall pay or cause to be paid all Impositions with respect to the Properties each Property with respect to which such Lessee has executed a Lease Supplement and/or the use, occupancy, operation, repair, access, maintenance or operation thereof and all charges for electricity, power, gas, oil, water, telephone, sanitary sewer service and all other rents, utilities and operating expenses of any kind or type used in or on any Property with respect to which such Lessee has executed a Lease Supplement and related real property during the Term. Prior to the Commencement Date for any Property, Lessor (at the direction of the Agent) shall make the payments referenced in the foregoing sentence (but only to the extent amounts are available therefor with respect to the Available Commitments and the Available Holder Commitments or the Lenders and Holders increase the amounts of Available Commitments and Available Holder Commitments, respectively, to fund such costs). Upon Lessor's request, each applicable Lessee shall provide from time to time Lessor with evidence of all such payments referenced in the foregoing sentence. Each applicable Lessee shall be entitled to receive any credit or refund with respect to any Imposition or utility charge paid by such Lessee. Unless an Event of Default shall have occurred and be continuing, the amount of any credit or refund received by Lessor on account of any Imposition or utility charge paid by any Lessee, net of the costs and expenses incurred by Lessor in obtaining such credit or refund, shall be promptly paid over to such Lessee. All charges for Impositions or utilities imposed with respect to any Property for a period during which this Lease expires or terminates shall be adjusted and prorated on a daily basis between Lessor and such Lessee, and each party shall pay or reimburse the other for such party's pro rata share thereof. During the Construction Period, the costs of Impositions and all other utility and other charges or expenses referenced in this Section 4.1 shall be paid by Lessor; provided, however, the Lessor shall pay such amounts described in this Section 4.1 only if funds are made available by the Lenders and the Holders in an amount sufficient to allow such payment.

Taxes; Utility Charges. Subject to Lessee's rights of permitted contest pursuant to Section 13.1, Lessee shall pay or cause to be paid all Impositions with respect to the Properties Property and/or the use, occupancy, operation, repair, access, maintenance or operation thereof and all charges for electricity, power, gas, oil, water, telephone, sanitary sewer service and all other rents, utilities and operating expenses of any kind or type used in or on any the Property and related real property during the Term, except that Lessee shall not be responsible for paying any such Impositions attributable to a transfer by Lessor of the Property or any interest therein, unless such transfer arises as a result of (a) the occurrence of an Event of Default (b) the exercise by Lessee of its Purchase Option or Sale Option pursuant to Article XX hereof or (c) any other transfer consented to by Lessee. Upon Lessor's request, Lessee shall provide from time to time Lessor with evidence of all such payments referenced in the foregoing sentence. Lessee shall be entitled to receive retain any credit or refund received by Lessee in connection with respect to any Imposition or utility charge paid by Lessee. Unless an Event of Default shall have occurred and be continuing, the amount of any credit or refund received by Lessor on account of in connection with any Imposition or utility charge paid by Lessee, net of the costs and expenses incurred by Lessor in obtaining such credit or refund, shall be promptly paid over to Lessee. All charges for Impositions or utilities imposed with respect to the Property during any Property for a period during which occurring before the expiration or termination of this Lease expires or terminates but ending thereafter shall be adjusted and prorated on a daily basis between Lessor and Lessee, Lessee and each party shall pay or reimburse the other for such party's pro rata share thereof. During the Construction Period, the costs of Impositions and all other utility and other charges or expenses referenced in this Section 4.1 shall be paid by Lessor; provided. Upon receipt of a copy of the documentation of Lessor evidencing such payments, however, the Lessee shall promptly reimburse Lessor shall pay for Lessee's pro rata share of such amounts described in this Section 4.1 only if funds are made available by the Lenders and the Holders in an amount sufficient to allow such paymentpayments.

Taxes; Utility Charges. Subject to Without limiting Lessee's rights to request Advances with respect to any Construction Period Property in accordance with the provisions of permitted contest pursuant the Participation Agreement prior to Section 13.1the Rent Commencement Date, Lessee shall pay or cause to be paid all Impositions with respect to the Properties (except for those expressly excluded from Lessee's indemnification obligation in Section 11.2 of the Participation Agreement) and/or the use, occupancy, operation, repair, access, maintenance or operation thereof and all charges for electricity, power, gas, oil, water, telephone, sanitary sewer service and all other rents, utilities and operating expenses of any kind or type used in or on any Property and related real property during the Term. Upon Lessor's request, Lessee shall provide from time to time Lessor with evidence of all such payments referenced in the foregoing sentence. Lessee shall be entitled to receive any credit or refund with respect to any Imposition or utility charge paid by Lessee. Unless an Event of Default shall have occurred and be continuing, the amount of any credit or refund received by Lessor on account of any Imposition or utility charge paid by Lessee, net of the costs and expenses incurred by Lessor in obtaining such credit or refund, shall be promptly paid over to Lessee; if an Event of Default has occurred such credit or refund shall be applied to the unpaid obligations due and owing to the Financing Parties as determined by the Agent. All charges for Impositions or utilities imposed with respect to any Property for a period during which this Lease expires or terminates shall be adjusted and prorated on a daily basis between Lessor and Lessee, and each party shall pay or reimburse the other for such party's pro rata share thereof. During the Construction Period, the costs of Impositions and all other utility and other charges or expenses referenced in this Section 4.1 shall be paid by Lessor; provided, however, the Lessor shall pay such amounts described in this Section 4.1 only if funds are made available by the Lenders and the Holders in an amount sufficient to allow such payment.