Common use of Tenant to Pay Taxes and Assessments Clause in Contracts

Tenant to Pay Taxes and Assessments. As further consideration for this Lease, Tenant shall pay all real estate taxes, charges and assessments of every kind and nature which shall be due and payable, and for which any non-payment would result in a delinquency, during the term of this Lease, including all installments of special assessments now or hereafter levied and interest thereon. Provided, however, that regardless of the payment dates for real estate taxes due and payable in [year of Commencement Date] and in [Year of Expiration Date] (and, in the event that Tenant exercises the Renewal Option, in [Year of Renewal Expiration Date]), and any installments of special assessments and interest thereon payable therewith, such taxes and assessments (including any installments referenced below) shall be prorated between Landlord and Tenant on a daily basis to reflect the term of this Lease and any extension or renewal thereof, and any holdover tenancy. The parties agree that any special assessments assessed against the Premises after the Commencement Date shall be paid in installments spread over the longest period of time permitted under law and Tenant shall be obligated only to pay those installments due and payable during the term of this Lease. Notwithstanding anything to the contrary, in the event that the Premises are assessed for an improvement requested by Tenant or required because of Tenant's use of the Property, Tenant shall be solely liable for such assessment and shall pay such assessment in full prior to the Expiration Date (or, if Tenant has exercised the Renewal Option, the Renewal Expiration Date). Landlord represents to Tenant that, as of the Commencement Date, Landlord is not delinquent in the payment of any taxes or assessments on or affecting the Premises for the current or any prior tax year. In no event shall Tenant be responsible for any taxes in the nature of income, inheritance, capital gains, franchise or rental taxes of Landlord.

Tenant to Pay Taxes and Assessments. As further consideration for this Lease, Tenant shall pay all real estate taxes, charges and assessments of every kind and nature which shall be due and payable, and for which any non-payment would result in a delinquency, payable during the term of this LeaseTerm, including all installments of special assessments now or hereafter levied and interest thereon. Provided, however, that regardless of the payment dates for real estate taxes due and payable in [year of Commencement Date] 2009 and in [Year of Expiration Date] (and, in the event that Tenant exercises the Renewal Option, in [Year of Renewal Expiration Date])final Lease Year, and any installments of special assessments and interest thereon payable therewith, such taxes and assessments (including any installments referenced below) shall be prorated between Landlord and Tenant on a daily basis to reflect the term of this Lease and any extension or renewal thereof, and any holdover tenancy. The parties agree that any special assessments assessed against the Premises after the Commencement Date shall be paid in installments spread over the longest period of time permitted under law and Tenant shall be obligated only to pay those installments due and payable during the term of this Leaselaw. Notwithstanding anything to the contrary, in the event that the Premises are assessed for an improvement requested by Tenant or required solely because of Tenant's ’s use of the Property, Tenant shall be solely liable for such assessment and shall pay such assessment in full prior to the Expiration Date (or, if Tenant has exercised the Renewal Option, the Renewal Expiration Date). Landlord represents Without limiting the provisions of Section 5.5 below, or being limited thereby, Tenant shall pay to Tenant thatLandlord, as additional rent, on a monthly basis along with each payment of Base Rent, a sum equal to one-twelfth (1/12th) of the Commencement Date, Landlord is not delinquent total amount of real estate taxes and installments of special assessments and other assessment charges and interest (“Taxes”) due and payable during the Lease Year or partial Lease Year in the lieu of Tenant’s direct payment of any taxes or assessments on or affecting (provided, if a catch up payment is needed to ensure that the Premises full amount of funds necessary to pay the Taxes for the current or any Lease Year is available to Landlord prior to the due date for such tax yearpayment, Tenant shall promptly make such payment to Landlord within thirty (30) days of such request). In no the event such amount is not known, Tenant shall pay one-twelfth (1/12th) of the product of the most recently issued tax xxxx multiplied by 1.03, and when the current tax amount becomes known, Tenant shall immediately pay to Landlord any shortfall between monthly installments that would have been due were the tax xxxx known, and those actually paid. In the event Tenant’s monthly installments towards the tax xxxx are greater than that actually owed based on the tax xxxx, Landlord shall credit the total amount of the overpayment to the next installment or installments of Rent coming due. Provided that Tenant has paid all monthly tax installments to Landlord on a timely basis, Landlord will cause the appropriate payment of Taxes to be responsible for any taxes in the nature of income, inheritance, capital gains, franchise made before penalties or rental taxes of Landlordinterest are assessed or accrue.