Tenant's Obligation. (a) During the term of this Lease, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against the Premises described herein. (b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year. (c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise. (d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor. (e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports. (f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Petro Stopping Centers L P), Lease Agreement (Petro Stopping Centers Holdings Lp)
Tenant's Obligation. At the end of the Term, all Taxes and Other Charges shall be prorated. Landlord shall promptly forward to Tenant copies of all bills and payment receipts for Taxes or Other Charges received by it. Subject to Landlord's obligations to make payments from the Tax Escrow to the extent provided in Section 5.3(a), Tenant shall be responsible for paying and discharging (including the filing of all required returns), not later than fourteen (14) days prior to delinquency or imposition of any fine, penalty, interest or other cost ("Penalty"), (a) During the term "Taxes", consisting of this Lease, Tenant agrees to pay, before they become delinquent, all any property (real estate taxes, special assessments, and personal) and other governmental charges ("Real Estate Taxes") which may be lawfully taxes and assessments levied upon or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for assessed with respect to this Master Lease or any portion of the term Premises with respect to any period during or prior to the Term or any amounts due under payment in lieu of this Lease which does not include an entire taxes or impact fee agreements or similar arrangements (excluding any income tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay of Landlord and any inheritance, estate, successionintangible, mortgage or transfer tax, gift, franchise, withholding, income tax or profit tax, that is or may be imposed upon Landlord, stamps for its successors or assigns, transfer of any interest in connection with the operation any portion of the Premises to any Person other than Tenant or otherwise.
any of its Affiliates), and (db) Immediately "Other Charges", consisting of any utilities and other costs and expenses of the Business or any portion of the Premises and all other charges, obligations or deposits assessed against any portion of the Premises during or prior to the Term. Unless paid from the Tax Escrow (as defined below) pursuant to Section 5.3, Tenant may pay the foregoing in permitted installments (whether or not interest accrues on the unpaid balance) not later than fourteen (14) days prior to the date when due and before any Penalty. If Tenant fails to pay as and when due any Tax or Other Charge, or any Penalty that may be assessed notwithstanding the foregoing provisions of this Section 5.1, and if thereafter Landlord (in its sole and absolute discretion) pays such Tax, Other Charge or Penalty with funds other than those in the Tax Escrow, then, upon its receipt of Landlord's written notice of payment, Tenant shall pay Landlord an amount equal to any tax xxxxsuch Tax, statement Other Charge or assessment with respect Penalty for which Tenant is liable under this Master Lease. Tenant shall, prior to the Real Estate Effective Date, pay all Taxes owing in connection with and Other Charges that are delinquent as of the Premisesday immediately prior to the Effective Date. Notwithstanding the foregoing provisions of this Section 5.1, Landlord shall furnish to Tenant such tax xxxx, statement or assessmentremain named as the landowner and Tax payor on all real property Tax records concerning the Premises. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.-6- 5.2
Appears in 1 contract
Tenant's Obligation. (a) During the term of this LeaseTenant covenants that any forfeiture, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon annulment or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term voidance of this Lease which does shall not include an entire tax year.
(c) Nothing herein contained shall require or be construed relieve Tenant from the obligation to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with make the operation monthly payments of the Premises or otherwise.
(d) Immediately upon receipt Rent. In case of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premisesdefault by Tenant, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of may relet the payment of Demised Premises as the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or agent for and in the name of Tenant, at any Rent readily acceptable, applying the proceeds first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, toward all costs incurred by Landlord for leasing commissions, interior renovation of the Demised Premises to accommodate a replacement tenant, rent concessions, abatements, and the like, all of which shall be deemed to be Additional Rent; third, to the payment of Rent and OER due and unpaid hereunder; and the balance, if any, shall be retained by Landlord. Tenant hereby agrees that if Landlord shall recover or take possession of said premises as aforesaid and be unable to relet and rent the same so as to realize a sum equal to the Rent and Additional Rent hereby reserved, Tenant shall immediately pay to Landlord on demand, as current liquidated damages, any loss or difference of Rent for the residue of the Term, including all costs incurred by Landlord with respect to such reletting of the Demised Premises. Should Landlord at any time terminate the estate of Tenant hereby created by this Lease for any breach, in addition to any other remedies Landlord may have, Landlord may recover from Tenant all damages Landlord may incur by reason of such breach, including the cost of recovering the Demised Premises, reasonable attorneys’ fees and brokerage fees. Landlord shall have the right to re-enter the Demised Premises to assume and take possession of the whole or any part thereof, and to remove all persons or personal property by direct or summary action, or in a different type of suit or proceeding, by force, or otherwise, without being deemed guilty of trespass or other actionable wrong by reason thereof, and without being liable for the damages therefore or in connection therewith, and after demand made therefore, Tenant or anyone in possession claiming under Tenant shall be deemed guilty of unlawful detainer and subject to such summary or other action as may be provided by law. Landlord, irrespective of the date on which its right of re-entry shall have accrued or be exercised, shall have the right, exercisable without notice to or demand upon Tenant or any other person, whether for Rent or possession or otherwise, to forfeit this Lease and Landlord terminate the estate of Tenant hereby covenants created. In any and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5every event, Landlord shall provide not be deemed to have accepted any surrender of the Demised Premises or of the leasehold estate created hereby from Tenant, or anyone acting in Tenant’s behalf, unless Landlord by an agreement in writing shall declare explicitly that it intends thereby to effect acceptance of the surrender and to release Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenantliability.
Appears in 1 contract
Samples: Lease Agreement
Tenant's Obligation. (a) During the term of this LeaseTerm, Tenant will pay as and when the same shall become due all Impositions directly to the Governmental Authority or other person entitled to receive payment thereof and provide Landlord with reasonable evidence that such Impositions have been paid in a timely manner. Impositions that are payable by Tenant for the tax year in which the Term commences as well as during the tax year in which the Term ends shall be apportioned so that Tenant shall pay its proportionate share of the Impositions for such periods of time. Where any Imposition that Tenant is obligated to pay may be paid pursuant to Applicable Law in installments, Tenant may pay such Imposition in installments as and when such installments become due. Tenant shall, if so requested, deliver to Landlord evidence of due payment of all Impositions Tenant is obligated to pay hereunder, concurrently with the making of such payment. If the Premises is not separately assessed, Tenant shall pay a share of the Impositions properly allocable to the Premises, as reasonably determined by Landlord; provided, however, that (i) Tenant may have the Demised Premises separately assessed for purposes of ad valorem property taxes and Landlord will reasonably cooperate with Tenant to achieve the same, and (ii) Xxxxxxxx agrees to pay, before they become delinquentprior to delinquency, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against any outstanding ad valorem property taxes for the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise.
(d) Immediately upon Demised Premises. Upon receipt of any ad valorem tax xxxx, statement or assessment with respect to statements for the Real Estate Taxes owing in connection with property that includes the Demised Premises, Landlord shall furnish deliver to Tenant copies of such tax xxxx, statement or assessmentstatements and an invoice setting forth Landlord’s calculation of the portion of the 2020 ad valorem taxes properly allocable to the Demised Premises. Tenant shall furnish evidence pay the portion of the payment of 2020 ad valorem taxes properly allocable to the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Demised Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant within thirty (30) days from after Xxxxxx’s receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenantstatement.
Appears in 1 contract
Samples: Ground Lease
Tenant's Obligation. Except for Landlord's obligations pursuant to the provisions hereof and the provisions of Section 24.4. hereof (a) During relating to Landlord's obligation to maintain the Common Areas, including the Common Areas on the Premises), Tenant agrees, at its sole cost, and expense, that it will throughout the term of this Lease, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation take good care of the Premises and it will keep same in good repair, order and condition, and in a clean and orderly condition, free of dirt, rubbish and unlawful obstructions, and that it will make all necessary repairs thereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen. As used herein, the term, "repairs" shall include all necessary replacements, renewals, alterations, additions and betterments. All repairs made by Tenant shall be at least equal in quality and utility value to the original work. Except for Landlord's Work and except as otherwise specifically required by Section 24.4 hereof, Landlord shall not be required to furnish any services or otherwise.
(d) Immediately upon receipt of facilities or to make any tax xxxx, statement repairs or assessment alterations with respect to the Real Estate Taxes owing Premises, and Tenant hereby assumes the full and sole responsibility for the condition, operation, repairs, replacement, maintenance and management thereof. Tenant shall be responsible for maintaining in connection with good order and repair and in a safe condition, and free of snow, ice, debris, or other obstruction, all sidewalks and walkways adjacent to the Premises which are not included in the Common Areas on the Premises. Tenant shall be required to repair and replace of walkways and service ways which may become out-of-repair or in a dangerous condition. Tenant shall also be obligated, at its sole expense, to maintain in a good and operational condition, the pond feature on the Premises, Landlord and fountain located thereon, and it shall furnish to Tenant such tax xxxxat all times ensure that adequate levels of water are maintained, statement that the pond is free of noxious weeds visible from the Premises, and free of any organic or assessmentother material causing any noxious odor emanating from the pond. Tenant shall furnish evidence be solely responsible for safe access and use of the payment pond area and shall, at its expense, take any and all reasonable steps to prevent loss of life or personal injury as a result of the Real Estate Taxes presence of the pond. Tenant shall at all times provide adequate drainage so that the pond and water feature does not flood onto the Common Areas or adjacent properties. Tenant shall, at its expense, maintain in good condition the landscaped areas adjacent to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves Premises not included as part of the right to contest Common Areas on the amount Premises, including as applicable and without limitation, periodic mowing, watering, trimming, removal of any Real Estate Taxes in its name or in the name of Landlordrubbish, and Landlord hereby covenants replacement of plants, shrubs and agrees tree, as may be necessary to cooperate with Tenant keep the landscaped areas in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reportsfirst class condition.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Tenant's Obligation. (a) During The Premises shall be used only for the term Permitted Use and for no other use whatsoever. Tenant acknowledges that, except as set forth in Section III.A.2 and Section V.B below, neither Landlord nor any agent of this Lease, Landlord has made any representation as to the condition of the Property or suitability of the Property for Tenant's intended use. Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon shall not use or against permit the use of the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion purpose which is illegal, dangerous to persons or property or which, in Landlord's reasonable opinion, unreasonably disturbs any other tenants of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require Buildings or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection interferes with the operation of the Premises or otherwise.
(d) Immediately upon receipt Buildings. Tenant shall comply with all Laws, including the Americans with Disabilities Act, regarding the operation of Tenant's business and the use, condition, configuration and occupancy of the Premises. Tenant, within 10 days after receipt, shall provide Landlord with copies of any tax xxxxnotices it receives regarding a violation or alleged violation of any Laws. Tenant shall reimburse and compensate Landlord for all expenditures made by, statement or assessment damages or fines sustained or incurred by, Landlord due to any violations of Laws by Tenant or any Tenant Related Parties with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence comply with the rules and regulations of the payment Buildings attached as EXHIBIT B and such other reasonable rules and regulations not inconsistent with the terms of this Lease adopted by Landlord from time to time. Tenant shall also cause its agents, contractors, subcontractors, employees, customers, and subtenants to comply with all rules and regulations. Landlord shall not discriminate against Tenant in Landlord's enforcement of the Real Estate Taxes rules and regulations. Tenant shall obtain and pay for all permits and shall promptly take all actions necessary to Landlord upon comply with all Laws, including, without limitation, the request therefore from Lessor.
(e) Occupational Safety and Health Act, regulating Tenant's specific use of the Premises or the Property. Tenant hereby reserves shall maintain in full force and effect all certifications or permissions to provide its services required by any authority having jurisdiction to authorize, franchise or regulate such services. Tenant shall be solely responsible for procuring and complying at all times with any and all necessary permits directly relating or incident to: the right to contest conduct of its specific activities on the amount Premises; its scientific experimentation, transportation, storage, handling, use and disposal of any Real Estate Taxes in chemical or radioactive or bacteriological substances or organisms or other hazardous wastes or environmentally dangerous substances or materials or medical waste, including without limitation the obtaining of an industrial discharge permit from the Massachusetts Water Resources Authority; its name conduct of animal research activities; and its storage of fuel, chemicals, or in the name other regulated materials permitted hereunder. Within ten (10) business days of a request by Landlord, and Tenant shall furnish Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation copies of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereofpermits, together with interest at a certificate certifying that such permits are all of the rate of l2% per annum as additional rent hereunder from permits which Tenant is required to maintain with respect to the date of expenditure by Landlord until repayment by TenantPremises.
Appears in 1 contract
Samples: Office and Laboratory Lease Agreement (Viacell Inc)
Tenant's Obligation. (a) During Tenant shall be liable for Tenant's Proportionate Share of all Real Estate Taxes for any period falling within the term of this Lease, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges (Term. "Real Estate Taxes") which may be lawfully " shall mean all taxes and assessments, general or special, ordinary or extraordinary, foreseen or unforeseen, assessed, levied or imposed by any governmental authority upon the Corporate Park, and the rental, revenue or against receipts derived therefrom, under the Premises described herein.
(b) Tenant's obligation current or any future taxation or assessment system or modification of, supplement to, or substitute for such system. Real Estate Taxes shall be equitably adjusted not include any special assessments for any portion public improvements, including, without limitation, road improvement assessments, special use area assessments, and school district assessments (collectively, "Special Assessments") levied as of the term Date of Lease, but shall include Special Assessments levied after the Date of Lease and annual sewer and water front foot benefit charges. If at any time the method of taxation prevailing at the Date of Lease shall be altered so that in lieu of, as a substitute for or in addition to the whole or any part of the taxes now levied or assessed, there shall be levied or assessed a tax of whatever nature, then the same shall be included as Real Estate Taxes hereunder. Further, for the purpose of this Article, Real Estate Taxes shall include the reasonable expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in challenging or obtaining or attempting to obtain a reduction of Real Estate Taxes, regardless of the outcome of such challenge, provided that such challenge relates to a period elapsing during the Term (and in the event any challenge pertains to a period extending either before or after the Term, the costs of that challenge shall be appropriately prorated based upon the period covered by such challenge in relationship to the Term). Notwithstanding the foregoing, Landlord shall have no obligation to challenge Real Estate Taxes. If, as a result of any such challenge, a tax refund is made to Landlord, then the amount of such refund, less the expenses of the challenge shall be deducted from Real Estate Taxes due in the Lease which does Year such refund is received. Real Estate Taxes shall not include an entire any (i) interest and penalties due to late payment (or late filing of returns) by Landlord, unless caused by Tenant's late payment or nonpayment, (ii) franchise, capital stock, or similar taxes of Landlord, (iii) any income, excess profits, or other taxes of Landlord determined on the basis of its income, receipts, or revenues, (iv) any sales or excise tax year.
imposed on the rent payable by Tenant under the Lease, (cv) Nothing herein contained shall require or be construed to require Tenant to pay any estate, inheritance, estate, succession, mortgage or transfer tax, gift, franchisecapital levy, withholding, income or profit tax, that is or may be imposed upon similar tax of Landlord, its successors and (vi) any transfer taxes (except as provided in Section 27.18), recording fees, tap fees, excise taxes, license fees, permit fees, impact fees, or assigns, inspection fees payable in connection with the operation Landlord's completion of the Premises Corporate Park or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the part thereof. Real Estate Taxes owing shall specifically exclude any abatements, reductions or credits received by Landlord. Assessments which may be paid over a period in connection with excess of twelve months without penalties shall be included within taxes only to the Premises, Landlord shall furnish extent such payments are required to Tenant such tax xxxx, statement be made within the particular Calendar Year. In the event any contest or assessment. Tenant shall furnish evidence of the payment appeal of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) for any given year shall result in a refund of taxes previously paid by Tenant, Tenant hereby reserves the right to contest will receive its proportionate share of the amount of any Real Estate Taxes in its name or in the name of Landlordnet refund, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement inclusive of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure received by Landlord until repayment by Tenantreason of the refund of taxes (i.e., the net amount remaining after paying all costs and expenses of securing the refund, including reasonable attorneys fees).
Appears in 1 contract
Samples: Lease Agreement (Gene Logic Inc)
Tenant's Obligation. (a) During the term of this Lease, Tenant agrees to pay, before they become delinquent, pay when due all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for charges, general and special, ordinary and extraordinary, of any portion of kind and nature whatsoever, assessed during the term of this Lease on the Premises, including, but not limited to, general real estate taxes, taxes in lieu thereof which does not include an entire tax year.
(c) Nothing herein contained may be levied or assessed by any lawful authority against the Premises, assessments for public improvements or benefits which shall require during the term of this Lease become due and payable and a lien upon the Premises, or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer part thereof; and any tax, giftfee or excise on rents, franchisethe square footage of the Premises, withholdingon the act of entering into this Lease, income or profit on the occupancy of the Tenant, or any other tax, that is fee or may be imposed upon excise, however described, on account of the rent reserved hereunder or the business of the renting the Premises, now or hereinafter levied on or assessed against the Landlord, (all of which taxes, assessments, levies, and other governmental charges are herein collectively "Taxes"). For the years in which this Lease commences and terminates, Tenant's liability for its successors portion of the taxes for such year shall be subject to a pro rata adjustment based on the number of days in the year this Lease was in effect. A copy of a tax xxxx or assigns, in connection with assessment submitted by Landlord to Tenant shall at all times be conclusive evidence of the operation amount of taxes assessed or levied upon the property to which such xxxx relates. If Tenant waives its right to terminate the Lease as a result of the Premises not being designated a separate tax parcel then, absent any other amendment or otherwise.
(d) Immediately upon receipt clarification of any tax xxxxthe Lease at such time, statement or assessment Tenant shall be obligated to pay its prorata share of taxes with respect to the Real Estate Taxes owing in connection with assessed parcel (a) as to the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence land by dividing the square foot area of the payment Land by the square foot area of the Real Estate Taxes land included in the tax parcel. If no separate tax is allocated to Landlord upon the request therefore land, the taxes allocable to the Land shall be determined on the basis of the last tax statement prior to the inclusion of any Improvements on the parcel multiplied by the percentage increase in the general tax rate from Lessor.
(e) Tenant hereby reserves the right date of such statement to contest the statement current year, and adjusted for increases or decreases in the amount of any Real Estate Taxes in its name or special assessments levied against the taxed parcel; (b) the remainder of the taxes shall be allocated prorata based on the floor area of any Improvements on the land on the parcel included in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reportsstatement.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Tenant's Obligation. (a) During the term of this Lease, In each Lease Year Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant pay Landlord, as Additional Rent, a proportionate share of the increase of Landlord’s Operating Costs over the amount of Landlord’s Operating Costs in all respects with regards theretothe Base Year, which amount due shall be computed by multiplying the increase in Landlord’s Operating Costs for the Lease Year in question by Tenant’s Proportionate Share; provided, however, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect if occupancy of the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes Building during the period Base Year is less than ninety-five percent (95%), Landlord’s Operating Costs for the Base Year shall be “grossed up” to that amount of contestLandlord’s Operating Costs that, using reasonable projections, would normally be expected to be incurred if the Building were ninety-five percent (95%) occupied during the Base Year, as determined under sound accounting and management principles, consistently applied. Landlord and shall use commercially reasonable efforts to provide to Tenant, within one hundred twenty-(120) days after the expiration of the Base Year, but in no event later than one hundred fifty (150) days after the expiration of the Base Year, a written statement setting forth the Landlord’s Operating Costs for the Base Year, together with a reasonably detailed description of how such amounts were determined. Only those component Landlord’s Operating Costs that are affected by variations in occupancy levels shall be “grossed up” pursuant to the foregoing provision. Such proportionate share shall be paid by Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant within thirty (30) days from after receipt of an invoice therefor from Landlord which contains an itemized statement of the Operating Costs. At Landlord’s option, such notice to pay proportionate share shall be paid by Tenant in monthly installments in such amounts as are estimated and billed by Landlord at the same, failing which beginning of each twelve (12) month period commencing and ending on dates designated by Landlord, may at its optioneach installment being due on the first day of each calendar month. Within one hundred twenty (120) days (or such additional time thereafter as is reasonable under the circumstances), pay after the end of each such Real Estate Taxestwelve (12) month period, the monthly installments paid or payable shall be adjusted between Landlord and Tenant in which event accordance with Landlord’s Operating Costs, arid Tenant shall reimburse pay Landlord upon demand for the costs thereof, together with interest or Landlord shall credit Tenant’s account or (if such adjustment is at the rate end of l2% per annum the Term) pay Tenant, as additional rent hereunder the case may be, within thirty (30) days of receipt of an itemized statement from Landlord to Tenant, as provided above, such amounts as may be necessary to effect adjustment to the date of expenditure by Landlord until repayment by Tenantagreed proportionate share.
Appears in 1 contract
Samples: Tenant’s Assignment of Lease (CardioVascular BioTherapeutics, Inc.)
Tenant's Obligation. Subject to Landlord’s express obligations set forth in Section 11.1, Tenant, at its expense, shall maintain the Premises in good condition and repair, reasonable wear and tear and casualty governed by the provisions of Article XIX excepted. Tenant’s obligation shall include without limitation the obligation to provide in a first-class manner consistent with the first-class nature of the Building and Project (a) During the term of this Lease, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against janitorial services for the Premises described herein.
using contractors approved by Landlord pursuant to service contracts approved by Landlord and (b) Tenant's obligation maintain and repair all (i) interior windows and walls; (ii) floor coverings; (iii) ceilings; (iv) doors; (v) entrances to the Premises; (vi) supplemental HVAC systems within the Premises; (vii) private restrooms and kitchens, including hot water heaters, plumbing and similar facilities serving Tenant exclusively; and (viii) all light bulbs, lamps, starters and ballasts for Real Estate Taxes lighting fixtures within the Premises (“Lighting Maintenance”) using contractors approved by Landlord pursuant to service contracts approved by Landlord; provided that, Landlord shall be equitably adjusted for any portion have the right to contract directly, subject to reimbursement by Tenant of the term of associated cost and expense as provided in Section 16.4, for such Lighting Maintenance. Landlord may establish reasonable measures to conserve energy and water. Landlord shall have the right to inspect the Premises for compliance with this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed Section 11.2 in accordance with Article XIV and to require Tenant to pay provide additional cleaning, if necessary. Tenant will promptly advise Landlord of any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of damage to the Premises or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement the Project. All damage or assessment with respect injury to the Real Estate Taxes owing in connection with Premises (excluding Tenant’s equipment, personal property and trade fixtures) that Tenant is required to repair under this Section may be repaired, restored or replaced by Landlord, at the Premisesexpense of Tenant, Landlord shall furnish and such expense (plus five percent (5%) of such expense for Landlord’s overhead) will be collectible as Additional Rent and will be paid by Tenant upon demand. If Tenant fails to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence provide any of the payment of the Real Estate Taxes janitorial services or Lighting Maintenance required to be performed by Tenant for more than five (5) days after notice from Landlord upon the request therefore from Lessor.
(e) or if Tenant hereby reserves the right fails to contest the amount of make any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees repairs to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. more than 30 days after notice from Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and (although notice shall not be required in the preparation event of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes an emergency as provided defined in this Article 5XIV), Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the samemay, failing which Landlord, may at its option, pay such Real Estate Taxescause all required services, in which event maintenance, repairs, restorations or replacements to be made and Tenant shall reimburse pay Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenantpursuant to this Section 11.2.
Appears in 1 contract
Samples: Office Lease (Zscaler, Inc.)
Tenant's Obligation. (ai) During Tenant at Tenant's sole cost and expense, except for services furnished by Landlord pursuant to Section 6 hereof, shall maintain the term Premises in good condition including the interior surfaces of the ceilings, walls and floors, all doors, interior windows, exterior windows at or below street level, all plumbing, wiring, switches, fixtures and special items in excess of building standard furnishings, and equipment installed by or at the expense of Tenant. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair.
(ii) Upon the expiration or earlier termination of this Lease, Tenant agrees to payshall surrender the Premises in the same condition as received, before they become delinquentordinary wear and tear resulting from use of the Premises for office purposes for normal business hours (average of 40 hours per week) and damage by fire, all real estate taxesearthquake, special assessmentsact of God or the elements alone excepted, and other governmental charges ("Real Estate Taxes") which may shall promptly remove or cause to be lawfully levied upon or against removed at Tenant's expense from the Premises described hereinPremises, and the Building any signs, notices and displays placed thereon by Tenant.
(biii) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for Texxxx xgrees to repair any portion of damage to the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require Premises or be construed to require Tenant to pay any inheritance, estate, succession, mortgage the Building caused by or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation removal of any articles of personal property, business or trade fixtures, or any improvement to the Premises made by Tenant, including without limitation thereto, repairing the floor and patching and painting the walls where required by Landlord to Landlord's reasonable satisfaction, all at Tenant's sole cost and expense. Tenant shall indemnify the Landlord against any loss or otherwiseliability resulting from delay by Tenant in sxxxxxxering the Premises, including without limitation any claims made by any succeeding tenant founded on such delay.
(div) Immediately upon receipt of any tax xxxx, statement or assessment with respect In the event Tenant fails to maintain the Real Estate Taxes owing Premises in connection with the Premisesgood condition, Landlord shall furnish give Tenant notice to do such acts as are reasonably required to so maintain the Premises. In the event Tenant fails to promptly commence such tax xxxxwork and diligently prosecute it to completion, statement or assessment. Tenant then Landlord shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves have the right to contest do such acts at the expense of Tenant. Any amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, expended by Landlord shall provide be paid by Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon promptly after demand for the costs thereof, together with interest at the rate of l2% ten percent (10%) per annum as additional rent hereunder from the date of expenditure such work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Landlord until repayment by TenantTenant as a result of performxxx xxy such work.
Appears in 1 contract
Tenant's Obligation. (a) During the term of this LeaseTENANT shall, Tenant agrees to payat TENANT’s sole cost and expense and at all times, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against keep the Premises described herein.
and every part thereof in good order, condition and repair (b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any whether or not such portion of the term Premises requiring repair, or the means of this Lease repairing the same, are reasonably or readily accessible to TENANT, and whether or not the need for such repairs occurs as a result of TENANT's use, any prior use, the elements or the age of the Premises). Without limiting the generality of the foregoing, TENANT shall maintain all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinkler systems, fire hose connections, and ramp areas, but excluding any items which does not are the responsibility of COUNTY to maintain pursuant to Paragraph 12.B. below. TENANT's obligations shall include an entire tax year.
(c) Nothing herein contained restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon in good order, condition and state of repair. TENANT, in keeping the Premises in good order, condition and repair, shall require or be construed exercise and perform good maintenance practices. If the sewer lines and water lines serving the Premises and maintained by TENANT are causing problems with the main lines, COUNTY reserves the right to require Tenant assume the maintenance of said lines and invoice TENANT for the cost of such maintenance. TENANT agrees to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, reimburse COUNTY for all costs incurred by COUNTY in connection with the operation maintenance of the Premises or otherwise.
TENANT’s sewer and/or water lines within ten (d10) Immediately days of COUNTY’s demand. Should TENANT fail to perform any of TENANT’s maintenance obligations, COUNTY may enter upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish after ten (10) days' prior written notice to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
Lessee (e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or except in the name case of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxesan emergency, in which event Tenant case no notice shall be required), and perform such obligations on TENANT’s behalf. If COUNTY performs any of TENANT’s maintenance obligations, such maintenance shall be at TENANT’s sole cost and expense and TENANT shall reimburse Landlord upon demand COUNTY for all costs incurred by COUNTY within ten (10) days of COUNTY’s demand. TENANT acknowledges that the costs thereofPremises are located at an airport and that the control of potential damage to aircraft utilizing the Airport (“Foreign Object Damage”) is of utmost importance. TENANT, together with interest at in performing TENANT’s maintenance obligations, shall maintain the rate Premises and implement such maintenance procedures as are required to eliminate the risk of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by TenantForeign Object Damage.
Appears in 1 contract
Samples: Lease Agreement
Tenant's Obligation. (a) During the term of Except as expressly provided as Landlord’s obligation in this LeaseArticle 9, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against shall keep the Premises described herein.
and all systems therein in good condition and repair; provided, however, that during the first (b1st) Tenant's obligation for Real Estate Taxes twelve (12) months of the Lease Term, Landlord shall be equitably adjusted responsible for any portion the maintenance, repair and replacement of the term heating, ventilating and air-conditioning system serving the Premises (“HVAC”) (so long as such repair or replacement is not necessitated by Tenant’s negligence or misconduct (in which case Tenant shall be responsible for the same)). After such twelve (12) month period, Tenant shall be responsible for the maintenance, repair and replacement of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require the HVAC system at its sole cost and expense pursuant to maintenance/repair contracts reasonably approved by Landlord. All damage or be construed injury to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise.
(d) Immediately upon receipt the Project resulting from the act or negligence of any tax xxxxTenant, statement its employees, agents or assessment with respect to visitors, guests, invitees or licensees, or by the Real Estate Taxes owing in connection with use of the Premises, Landlord shall furnish be promptly repaired by Tenant at its sole cost and expense, to Tenant such tax xxxxthe satisfaction of Landlord; provided, statement however, that for damage to the Project as a result of casualty or assessment. Tenant shall furnish evidence for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5Project, Landlord shall provide have the right (but not the obligation) to select the contractor and oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of such failure and allow Tenant to make said repair within thirty (30) days from receipt of said written notice or such notice sooner period in cases of emergency, and charge Tenant for the cost thereof, which cost shall be paid by Tenant, as additional rent, within ten (10) days from invoice from Landlord. Tenant shall be responsible for the design and function of all improvements in the Premises, whether or not installed by Landlord at Tenant’s request. Except as otherwise provided in Section 9(f) below, Tenant waives all rights to pay make repairs at the same, failing which expense of Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for or to deduct the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder cost thereof from the date of expenditure by Landlord until repayment by Tenantrent.
Appears in 1 contract
Tenant's Obligation. Tenant covenants that any forfeiture, annulment or voidance of this lease will not relieve Tenant from the obligation to make the monthly payments of rent. In case of default of Tenant, Landlord may relet the Premises as the agent for and in the name of Tenant, at any rental readily acceptable, applying the proceeds first to the payment of such rent as same becomes due, and toward the fulfillment of the other covenants and agreements of Tenant herein contained, and the balance, if any will be paid to Tenant, and the Tenant hereby agrees that if Landlord recovers or takes possession of said Premises as aforesaid, and is unable to relet and rent the same so as to realize a sum equal to the rent hereby reserved, Tenant shall pay to Landlord any loss or difference of rent for the remainder of the applicable Term.
(a) During Landlord may re-enter the term Premises to assume and take possession of this Leasethe whole or any part thereof and to remove all persons or personal property by direct or summary action, or in a different type of suit or proceeding, by force or otherwise, without being deemed guilty of trespass or other actionable wrong by reason thereof, and without being liable for the damages therefore or in connection therewith and, after demand made therefore, Tenant agrees or anyone in possession claiming under Tenant will be deemed guilty of unlawful detainer and subject to pay, before they become delinquent, all real estate taxes, special assessments, and such summary or other governmental charges ("Real Estate Taxes") which action as may be lawfully levied upon or against the Premises described herein.provided by law; and
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion Landlord, irrespective of the term date on which its right of re-entry accrued or has been exercised, may, without notice to or demand upon Tenant or any other person, whether for rent or possession or otherwise, forfeit this Lease which does not include an entire tax yearlease and terminate the estate of Tenant hereby created.
(c) Nothing herein contained shall require or In any and every event, Landlord will not be construed deemed to require Tenant to pay have accepted any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation surrender of the Premises or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment leasehold estate created hereby from Tenant or anyone acting on Tenant’s behalf, unless Landlord by an agreement in writing declares explicitly that it intends thereby to affect acceptance of the Real Estate Taxes surrender and to Landlord upon the request therefore release Tenant from Lessorliability.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Air T Inc)
Tenant's Obligation. (a) During Tenant will be responsible for electric, gas, water and cleaning service cost. Tenant will not in any manner deface or injure the term Building and will pay the cost of this Lease, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon repairing any damage or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect injury done to the Real Estate Taxes owing in connection with the PremisesBuilding or any part thereof by Tenant or tenant’s agents, Landlord shall furnish to Tenant such tax xxxx, statement employees or assessmentinvitees. Tenant shall furnish evidence take good care of the payment premises and keep them free of waste and nuisance. Tenant will keep the Real Estate Taxes premises, including all fixtures installed by Tenant, in good condition and repair. All such repairs will be made by Tenant at Tenant’s expense. If Tenant fails to Landlord upon make such repairs within 15 days after the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount occurrence of any Real Estate Taxes in its name damage or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5injury, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the samemay, failing which Landlord, may at its option, make such repairs and Tenant shall, upon demand, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with cost thereof plus interest at the rate of l2% ten (10%) percent per annum as additional rent hereunder from demand until paid. Upon termination of this lease, Tenant shall deliver the date premises with all improvements located thereon in good repair and condition, reasonable wear and tear expected, and shall deliver to landlord all keys to the premises. Tenant will not make or allow to be made any alterations or physical additions in or to the premises without prior written consent of expenditure Landlord. At the termination of this lease, Tenant shall, if Landlord so elects, remove all alterations, physical additions or improvements directed by Landlord until repayment and restore the premises to their original condition; otherwise, such improvements shall be delivered to Landlord within the premises. All furniture and movable trade fixtures installed by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects and shall be removed if required by Landlord. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of he Building. In the event that such removal, restoration and cleaning is not performed by Tenant, Landlord shall perform such work and xxxx tenant for the same, and Tenant shall promptly pay such statement upon receipt thereof. All of Tenant’s fixtures and personal property, if not promptly removed from premises at the termination of this lease, shall be presumed to have been abandoned by Tenant, and shall become the property of Landlord.
Appears in 1 contract
Samples: Lease Agreement
Tenant's Obligation. (a) During At the term end of this Leasethe Term, all Taxes and Other Charges shall be prorated. Landlord shall promptly forward to Tenant copies of all bills and payment receipts for Taxes or Other Charges received by it. Subject to Landlord's obligations to make payments from the Tax Escrow to the extent provided in Section 5.3(a), Tenant agrees shall be responsible for paying and discharging (including the filing of all required returns), not later than fourteen (14) days prior to paydelinquency or imposition of any fine, before they become delinquentpenalty, all interest or other cost ("PENALTY"), (A) "TAXES", consisting of any property (real estate taxes, special assessments, and personal) and other governmental charges ("Real Estate Taxes") which may be lawfully taxes and assessments levied upon or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for assessed with respect to this Master Lease or any portion of the term Premises during or prior to the Term or any amounts due under payment in lieu of this Lease which does not include an entire taxes or impact fee agreements or similar arrangements (excluding any income tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay of Landlord and any inheritance, estate, successionintangible, mortgage or transfer tax, gift, franchise, withholding, income tax or profit tax, that is or may be imposed upon Landlord, stamps for its successors or assigns, transfer of any interest in connection with the operation any portion of the Premises to any Person other than Tenant or otherwise.
any of its Affiliates), and (dB) Immediately "OTHER CHARGES", consisting of any utilities and other costs and expenses of the Business or any portion of the Premises and all other charges, obligations or deposits assessed against any portion of the Premises during or prior to the Term. Unless paid from the Tax Escrow (as defined below) pursuant to Section 5.3, Tenant may pay the foregoing in permitted installments (whether or not interest accrues on the unpaid balance) not later than fourteen (14) days prior to the date when due and before any Penalty. If Tenant fails to pay as and when due any Tax or Other Charge, or any Penalty that may be assessed notwithstanding the foregoing provisions of this Section 5.1, and if thereafter Landlord (in its sole and absolute discretion) pays such Tax, Other Charge or Penalty with funds other than those in the Tax Escrow, then, upon its receipt of Landlord's written notice of payment, Tenant shall pay Landlord an amount equal to any tax xxxxsuch Tax, statement Other Charge or assessment with respect Penalty for which Tenant is liable under this Master Lease. Tenant shall, prior to the Real Estate Effective Date, pay all Taxes owing in connection with and Other Charges that are delinquent as of the Premisesday immediately prior to the Effective Date. Notwithstanding the foregoing provisions of this Section 5.1, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of remain named as the payment of landowner and Tax payor on all real property Tax records concerning the Real Estate Taxes to Landlord upon the request therefore from LessorPremises.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Tenant's Obligation. (a) During At the term end of this Leasethe Term, all Taxes and Other Charges shall be prorated. Landlord shall promptly forward to Tenant copies of all bills and payment receipts for Taxes or Other Charges received by it. Subject to Landlord's obligations to make payments from the Tax Escrow to the extent provided in Section 5.3(a), Tenant agrees shall be responsible for paying and discharging (including the filing of all required returns), not later than fourteen (14) days prior to paydelinquency or imposition of any fine, before they become delinquentpenalty, all interest or other cost ("PENALTY"), (A) "TAXES", consisting of any property (real estate taxes, special assessments, and personal) and other governmental charges ("Real Estate Taxes") which may be lawfully taxes and assessments levied upon or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for assessed with respect to this Master Lease or any portion of the term Premises with respect to any period during or prior to the Term or any amounts due under payment in lieu of this Lease which does not include an entire taxes or impact fee agreements or similar arrangements (excluding any income tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay of Landlord and any inheritance, estate, successionintangible, mortgage or transfer tax, gift, franchise, withholding, income tax or profit tax, that is or may be imposed upon Landlord, stamps for its successors or assigns, transfer of any interest in connection with the operation any portion of the Premises to any Person other than Tenant or otherwise.
any of its Affiliates), and (dB) Immediately "OTHER CHARGES", consisting of any utilities and other costs and expenses of the Business or any portion of the Premises and all other charges, obligations or deposits assessed against any portion of the Premises during or prior to the Term. Unless paid from the Tax Escrow (as defined below) pursuant to Section 5.3, Tenant may pay the foregoing in permitted installments (whether or not interest accrues on the unpaid balance) not later than fourteen (14) days prior to the date when due and before any Penalty. If Tenant fails to pay as and when due any Tax or Other Charge, or any Penalty that may be assessed notwithstanding the foregoing provisions of this Section 5.1, and if thereafter Landlord (in its sole and absolute discretion) pays such Tax, Other Charge or Penalty with funds other than those in the Tax Escrow, then, upon its receipt of Landlord's written notice of payment, Tenant shall pay Landlord an amount equal to any tax xxxxsuch Tax, statement Other Charge or assessment with respect Penalty for which Tenant is liable under this Master Lease. Tenant shall, prior to the Real Estate Effective Date, pay all Taxes owing in connection with and Other Charges that are delinquent as of the Premisesday immediately prior to the Effective Date. Notwithstanding the foregoing provisions of this Section 5.1, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of remain named as the payment of landowner and Tax payor on all real property Tax records concerning the Real Estate Taxes to Landlord upon the request therefore from LessorPremises.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Tenant's Obligation. With respect to the Premises, at Tenant’s sole cost and expense, Tenant will promptly comply with: (ai) During all Laws now in force or which may hereafter be enacted or promulgated, (ii) the term requirements of any board of fire underwriters or other similar body now or in the future constituted, (iii) any direction or occupancy certificate issued by public officers related to the condition, use, occupancy of the Premises, and (iv) all provisions of the Americans With Disabilities Act (collectively the “Requirements”). Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local government body charged with the establishment, regulation and enforcement or occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole cost and expense, to comply promptly with such standards and regulations. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord is a party or not, that Tenant has violated any Requirements in the condition, use or occupancy of the Premises, will be conclusive of that fact as between Landlord and Tenant. The obligations imposed on Tenant by this Article 14 of this Lease are in addition to, and not in lieu of, the obligations imposed on Tenant by Article 6 of this Lease. In the event that Landlord is required to make any structural changes, changes to the electrical, mechanical or plumbing systems of the Building or the Premises or any alterations or improvements to the Building as a whole or the Common Areas of the Building done solely for the benefit of Tenant or due to Tenant’s occupancy or alteration of the Premises, any and all costs of such changes, alterations and improvements together with any and all costs associated with Landlord’s compliance with Law in connection therewith will be for the account of Tenant and Tenant will within ten (10) days of receipt of a bxxx therefore pay all invoices related thereto. Except as expressly excluded or paid directly by Tenant pursuant to this Section 14.1 of this Lease, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon any cost or against expense of Landlord in complying with the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion provisions of this Article 14 of the term Lease will be included in the definition of Operating Expenses. Notwithstanding anything contained in this Lease which does to the contrary, Tenant shall not include an entire tax year.
be liable (clegally, financially, or otherwise) Nothing herein contained shall require for or be construed to require Tenant to pay regarding any inheritanceviolations of or non-compliances with any Laws or Requirements if: (i) such violations or non-compliances existed on the Commencement Date, estateor (ii) regarding Requirements, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation were not caused by Tenant’s particular use of the Premises or otherwisePremises.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Tenant's Obligation. (a) During In consideration of Charnwood Borough Council providing the term Deposit Guarantee to the Landlord on behalf of this Leasethe Tenant, the Tenant agrees with Charnwood Borough Council as follows:-
3.1 To observe and perform all the conditions of the Tenancy including that to paypay the rent lawfully due to the Landlord on time.
3.2 To claim Housing Benefit, before they become delinquent, all real estate taxes, special assessmentsif eligible at the beginning of the Tenancy and maintain that claim when required, and other governmental charges ("Real Estate Taxes") which may to complete the authorisation to Charnwood Borough Council to make all reasonable enquiries of the Housing Benefit Department concerning the Housing Benefit claim. Such authority will not be lawfully levied upon or against the Premises described hereinwithdrawn as long as Housing Benefit is claimed.
(b) Tenant's obligation for Real Estate Taxes shall 3.3 That the Deposit Guarantee may only be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect claimed by the Landlord and not by the Premises Tenant.
3.4 That the Tenant, and not Charnwood Borough Council, is solely responsible for any loss or damage to the property and its contents caused by the act or neglect of the Tenant and his/her visitors. The Tenant acknowledges that Charnwood Borough Council may only indemnify the Tenant against such loss or damage subject to all the terms and conditions of this Agreement and that any such indemnity is up to the maximum value stated on the Deposit Guarantee Certificate and no further, and that Charnwood Borough Council has no further liability whatsoever to the Tenant.
3.5 To notify Charnwood Borough Council as soon as the property is vacated, or the Tenancy ends, or as soon as notice to terminate the Tenancy is served upon the Tenant, whichever is the earlier and acknowledges that failure to do so may disqualify the Tenant from further consideration for assistance by Charnwood Borough Council in relation to a further application for a Deposit Guarantee.
3.6 To agree and sign the enforcement inventory upon accepting the Tenancy.
3.7 To allow Charnwood Borough Council access, providing the Council has given 24 hours written notice (except in emergency), to the property at the beginning of the Tenancy, and at any lien reasonable time thereafter as required by Charnwood Borough Council to satisfy itself that the inventory is accurate or to investigate a claim against the Premises Deposit Guarantee Scheme.
3.8 The Charnwood Borough Council has in entering into this Agreement given no warranty as to the state or condition of the property or as to its suitability as residential accommodation and the tenant acknowledges that Charnwood Borough Council’s obligation in relation to the Tenancy is to merely provide the Deposit Guarantee in accordance with the terms and conditions of this Agreement and not further, and Charnwood Borough Council is not responsible for any such Real Estate Taxes default by the Landlord in performing the terms of the Tenancy Agreement.
3.9 To repay Charnwood Borough Council within a specific period of time (to be agreed at the time of the claim) to be agreed in the event of a claim by the Landlord on the Deposit Guarantee for the full amount of the claim up to that amount stated on the Deposit Guarantee Certificate.
3.10 To replace the Deposit Guarantee with a deposit saved by the tenant during the period first 15 months of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reportstenancy.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Samples: Tenant Finder Bond Agreement
Tenant's Obligation. (a1) During Tenant at Tenant's sole cost and expense, except for services furnished by Landlord as set forth herein, shall maintain the term Premises in good order, condition and repair including the interior surfaces of the ceilings, walls, windows and floors, all doors, partitions, plumbing, pipes, electrical wiring, switches, fixtures, furniture and equipment.
(2) Upon the expiration or earlier termination of this LeaseSublease, Tenant shall surrender the Premises in the same condition as received, ordinary wear and tear excepted, and shall promptly remove or cause to be removed at Tenant's expense from the Premises and the Building, all articles of personal property, business and trade fixtures, machinery, equipment, furniture and movable partitions owned by and installed by Tenant and approved by Landlord at its expense.
(3) Tenant agrees to payrepair any damage to the Premises, before they become delinquent, all real estate taxes, special assessments, Building and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon Common Areas caused by or against the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation removal (whether or not such removal is requested by Landlord) of any articles of personal property, business or trade fixtures, machinery, equipment, furniture, movable partitions, alterations, improvements or additions, including without limitation thereto, repairing the Premises floor and patching and painting the walls where required by Landlord to Landlord's reasonable satisfaction, all at Tenant's sole cost and expense. Tenant shall indemnify the Landlord against any loss or otherwiseliability resulting from failure or delay by Tenant in so surrendering the Premises, including without limitation any claims made by any succeeding tenant founded on such failure or delay.
(d4) Immediately upon receipt of any tax xxxxIn the event Tenant fails to maintain the Premises in good order, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premisescondition and repair, Landlord shall furnish give Tenant written notice to Tenant do such tax xxxxacts as are reasonably required to commence such work and diligently prosecute it to completion, statement or assessment. Tenant then Landlord shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves have the right to contest do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, so expended by Landlord shall provide be paid by Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon promptly after demand for the costs thereof, together with interest at the rate of l2% ten percent (10%) per annum as additional rent hereunder from the date of expenditure such work. Landlord shall have not liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Landlord until repayment by TenantTenant as a result of performing any such work.
Appears in 1 contract
Tenant's Obligation. (a) During Tenant shall operate, maintain ------------------- and repair during the term of this Lease, Tenant agrees to pay, before they become delinquent, Lease Term all real estate taxes, special assessments, common areas excluding landscaping and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against the Premises described herein.
(b) landscape irrigation systems. Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritancegeneral maintenance, estaterepair and replacement, successioncleaning, mortgage or transfer taxlighting, giftrepaving, franchiseresurfacing, withholdingpainting, income or profit taxtrash removal, that is or may be imposed upon Landlordsecurity, its successors or assignsfire protection, in connection compliance with the operation of the Premises or otherwise.
(d) Immediately upon receipt requirements of any tax xxxxfederal, statement state or assessment with respect to the Real Estate Taxes owing in connection with local government agency regulating the Premises, Landlord shall furnish and contributions to necessary reserves for repair and replacement of portions of the common area which Tenant such tax xxxx, statement or assessmentis required to maintain and repair. Tenant shall furnish evidence perform its obligation to repair and maintain the common area in conformance with (i) the Covenants, Conditions and Restrictions for the Xxxx/Mira Mesa Industrial Park, recorded in the Office of the payment San Diego County Recorder, California, (ii) the Architectural Standards/Association Rules of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of LandlordXxxx/Mira Mesa Industrial Park Association, a California nonprofit corporation, and Landlord hereby covenants (iii) rules and agrees regulations for repair and maintenance of common areas as may be prescribed from time to cooperate with Tenant in all respects with regards thereto, provided, time by Landlord. In the event that Tenant provide a surety bond fails, refuses or other security reasonably satisfactory neglects to Landlord to protect the Landlord maintain and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord repair promptly and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes adequately its obligation as provided in this Article 5herein specified, Landlord may, but shall provide Tenant written not be required to do so, undertake or complete such acts of maintenance, repair and replacement of the common area as Landlord deems necessary, without prior notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which at Tenant's sole cost and expense. At Landlord, may at its 's option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for all costs and expenses of Landlord thereby incurred in either of the following manners: (i) Payment within twenty (20) days after receipt by Tenant from Landlord of a statement setting forth such costs thereofand expenses, together with interest at or (ii) the rate estimated monthly cost to Landlord for providing such maintenance and repair services shall be included as a portion of l2% per annum as additional rent hereunder from the date of expenditure Operating Expenses, defined in Paragraph 4.05(d)(i) below, and paid by Landlord until repayment by TenantTenant pursuant to Paragraph 4.05(e) below. Such costs and expenses shall be deemed to be Additional Rent.
Appears in 1 contract
Samples: Standard Single Tenant Center Lease (Applied Micro Circuits Corp)
Tenant's Obligation. (aA) During the term of this Lease, Tenant agrees to pay, before they become delinquent, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against the Premises described herein.
(bB) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(cC) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise.
(dD) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(eE) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(fF) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract
Tenant's Obligation. (a) During the term of this LeaseExcept for Landlord’s obligations pursuant to Section 16.1, Tenant agrees to payshall, before they become delinquentat Tenant’s sole cost and expense, all real estate taxes, special assessments, and other governmental charges ("Real Estate Taxes") which may be lawfully levied upon or against keep the Premises described herein.
(b) Tenant's obligation for Real Estate Taxes shall be equitably adjusted for any portion of the term of this Lease which does not include an entire tax year.
(c) Nothing herein contained shall require or be construed to require Tenant to pay any inheritance, estate, succession, mortgage or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon Landlord, its successors or assigns, in connection with the operation of the Premises or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessment. Tenant shall furnish evidence of the payment of the Real Estate Taxes to Landlord upon the request therefore from Lessor.
(e) Tenant hereby reserves the right to contest the amount of any Real Estate Taxes in its name or in the name of Landlord, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant provide a surety bond or other security reasonably satisfactory to Landlord to protect the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reports.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs every part thereof, together with interest at all portions of the rate of l2% per annum as additional rent hereunder HVAC, electrical, mechanical and plumbing systems from the date point that such system solely serves the Premises and all portions of expenditure all fume hoods and other exhaust systems (all such systems collectively being referred to as the “Premises Systems”), in good order, condition and repair. Subject to Section 16.6, Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in good order, condition and repair and in compliance with all applicable laws. Except as expressly set forth in this Lease, it is intended by the parties hereto that Landlord until repayment by shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, the improvements located therein or the equipment therein, or the Premises Systems whether structural or nonstructural, all of which obligations are intended to be the expense of Tenant (whether or not such repairs, maintenance or restoration shall have an expected life extending beyond the Term). Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for maintenance contracts (in forms satisfactory to Landlord in its reasonable discretion) for the Premises Systems in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, satisfactory to Landlord in its reasonable discretion, who shall have not less than five (5) years of experience in maintaining such systems in biotechnical facilities. Except as set forth in Section 9.2 and for Landlord’s obligations in Section 16.1, Tenant shall be solely responsible for the cost of all improvements or alterations to the Premises or the Premises Systems required in order for the same to comply with all applicable laws now or hereafter in effect. Tenant shall, upon the expiration or sooner termination of the Term, surrender to Landlord the Premises and the Premises Systems in good order, condition and repair.
Appears in 1 contract
Samples: Lease (Lpath, Inc)
Tenant's Obligation. (a) During the term of this LeaseTenant shall pay before delinquency, Tenant agrees to pay, before they become delinquentat its sole cost and expense, all real estate taxescharges for water, special assessmentsgas, heat, electricity, power, garbage removal, telephone service, and sewer service charges, charged or attributable to the Leased Premises, and all other governmental charges ("Real Estate Taxes") which may be lawfully levied services or utilities used in, upon or against about the Leased Premises described herein.
(b) Tenant's obligation for Real Estate Taxes during the Lease Term and the cost of installing meters therefor; provided, however, that if any such services or utilities shall be equitably adjusted for any portion billed to Landlord and are not separately metered to the Leased Premises, the amount thereof shall be prorated, and Tenant shall pay to Landlord upon demand, as Additional Rent hereunder, an amount equal to that proportion of the term total charges therefor which the amount of this Lease which does not include utility services consumed on the Leased Premises bears to the total amount of utility services consumed in the area covered by such combined charges. In no event shall Landlord be liable for services consumed in the area covered by such combined charges. In no event shall Landlord be liable for an entire tax year.
(c) Nothing herein contained shall require interruption or be construed failure in the supply of any such utilities to require Tenant the Leased Premises unless and to pay any inheritance, estate, succession, mortgage the extent caused by the negligence or transfer tax, gift, franchise, withholding, income or profit tax, that is or may be imposed upon willful misconduct of Landlord, its successors employees, agents or assigns, in connection with the operation of the Premises or otherwise.
(d) Immediately upon receipt of any tax xxxx, statement or assessment with respect to the Real Estate Taxes owing in connection with the Premises, Landlord shall furnish to Tenant such tax xxxx, statement or assessmentcontractors. Tenant shall furnish evidence not overburden or exceed the capacity of any of the payment utilities serving the Leased Premises. Any interruption or failure of utilities will not constitute a termination or constructive eviction of Tenant. No garbage shall be placed outside of the Real Estate Taxes Leased Premises at any time except in proper, approved containers in designated garbage collection areas. Tenant shall store all trash and refuse in appropriate containers within the Leased Premises and attend to the daily disposal thereof in the manner designated by Landlord. If Landlord upon the request therefore supplies utilities to Tenant, Tenant shall purchase such utilities from Lessor.
(e) Tenant hereby reserves the right to contest Landlord, at Landlord’s request, at rates not exceeding the amount of Tenant would otherwise be required to pay to the applicable utility company. In the event that Landlord no longer desires to supply any Real Estate Taxes in its name or in the name of Landlordutility service, and Landlord hereby covenants and agrees to cooperate with Tenant in all respects with regards thereto, provided, that Tenant continue to provide such service until suitable arrangements have been made for a surety bond or other security reasonably satisfactory public utility to Landlord to protect assume the Landlord and the Premises from the enforcement of any lien against the Premises for any such Real Estate Taxes during the period of contest. Landlord and Tenant agree to cooperate fully with each other in regards to any such tax contest and in the preparation of all tax returns, renditions or reportsobligation.
(f) Should Tenant fail to pay the Real Estate Taxes as provided in this Article 5, Landlord shall provide Tenant written notice of such failure and allow Tenant thirty (30) days from receipt of such notice to pay the same, failing which Landlord, may at its option, pay such Real Estate Taxes, in which event Tenant shall reimburse Landlord upon demand for the costs thereof, together with interest at the rate of l2% per annum as additional rent hereunder from the date of expenditure by Landlord until repayment by Tenant.
Appears in 1 contract