Tenant’s Property. 6 (a) Tenant shall be responsible for, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furniture, fixtures, 11 equipment, inventory and any other personal property of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes”). Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlord. (b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, the Tax Charge is estimated to be $27.00 per square foot 45 of Floor Area in the Premises per annum, subject to adjustment and reconciliation as provided above.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Tenant’s Property. 6 (a) Tenant shall be responsible for, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furnitureAll furnishings, fixtures, 11 equipment, inventory and any other personal property and effects of any kind owned by, or placed, installed or 12 located in, within, upon or about Tenant and of all persons claiming through Tenant which from time to time may be on the Premises by Tenant, any concessionaire or any previous tenant elsewhere in the Building or 13 occupant, and (iii) all alterations, additions, in transit thereto or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant therefrom (collectively, “Tenant's Taxes’s Property”)) shall be at the sole risk of Tenant to the maximum extent permitted by law and shall be kept insured by Tenant throughout the Term (and during any other periods before or after the Term during which Tenant or any Tenant Related Party enters into or occupies all or any portion of the Premises) at Tenant’s expense in accordance with Section 13.02. Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at Tenant’s Property expressly includes all business fixtures and equipment, including without limitation any time security or access control systems installed for the Premises, filing cabinets and racks, removable cubicles and partitions, kitchen equipment, computers and related equipment, raised flooring, supplemental cooling equipment, audiovisual and telecommunications equipment, non-building standard signage, and other tenant equipment installations, in each case including related conduits, cabling, and brackets or mounting components therefor and any of such 18 Xxxxxx's Taxes are not levied connectors to base building systems and assessed separately and directly to Tenant (for examplein each case whether installed or affixed in or about the Premises, if the same are 19 levied or assessed to Landlordin building core areas, or upon or against elsewhere in the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 LandlordBuilding.
(b) In the event that any lender of Tenant shall paysecures its loan to Tenant with a lien on Tenant’s personal property, before delinquencyLandlord agrees to execute a subordination agreement, all taxesin form reasonably acceptable to such lender and Landlord, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Termpursuant to which Landlord subordinates to such lender’s lien, including the land and any buildings, structures, 25 machinery, equipment, appliances statutory or other improvements lien rights granted by or property of under any nature whatsoever erected, 26 installed present or maintained by Tenant, or levied by reason future law which Landlord may claim to have in all of Tenant’s occupancyProperty, useexcept for any rights set forth herein, development, 27 maintenance or restoration of the Premisesno matter how arising, including without limitation licensing and permitting costs 28 and feesall rights of levy or distraint for rent. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, if Landlord obtains a judgment against Xxxxxx, to the Tax Charge is estimated extent permitted by law, Landlord may enforce said judgment by attachment of or execution against Xxxxxx’s Property. The foregoing subordination by Landlord shall in no way constitute or be construed as a waiver or subordination by Landlord of any of its rights to be $27.00 per square foot 45 of Floor Area in the Premises per annumenforce any judgment against Tenant’s cash, subject to adjustment and reconciliation as provided above.accounts, or other financial assets or intangible assets
Appears in 2 contracts
Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
Tenant’s Property. 6 (a) Tenant shall be responsible for, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furniture, fixtures, 11 equipment, inventory and any other personal 29.1 The following property of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes”). Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlord.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)Property”), then Tenant shallwhether or not located in or on the Property or Improvements, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with does not constitute a 39 written statement portion of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant Property and shall at all times during and after the Term be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property of Tenant:
29.1.1 All items of personal property, equipment and fixtures in the Property, and whether or however attached to the Building, at any time that are necessary, incidental or convenient to the business from time to time conducted at the Property, including, without limitation, exercise equipment, kitchen equipment and furnishings, work stations, portable or movable partitions, receptionist desks, millwork, credenzas, computer installations (including computers, computer hardware, raised flooring, freestanding supplemental air conditioning or cooling systems therefor), communications systems and equipment, financial services equipment (such as ATM’s), safes, safe doors, bulletin boards, book shelves and file cabinets, but excluding central HVAC and other building systems (other than telecommunications equipment, which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoingpersonal property of Tenant), walls (other than demountable walls or partitions), doors, trim, floor and wall coverings, ceiling lights and tile, window shades and the Tax Charge like;
29.1.2 All furniture, inventory, machinery, racking, shelving, and other personal property;
29.1.3 Any personal property, equipment or fixtures which is estimated either not owned by Landlord or Tenant or is on consignment to Tenant, including any personal property owned by Tenant’s, subtenant’s, employees or invitees;
29.1.4 All signs and other forms of business identification; and
29.1.5 Any other items of personal property whatsoever;
29.2 Tenant shall have the right in its sole and absolute discretion from time to time to install, alter, remove and/or replace such of Tenant’s Property as it shall deem to be $27.00 per square foot 45 of Floor Area useful or desirable in connection with its business in the Premises per annumProperty. Tenant further shall have the right to enter into such agreements and assignments with respect to the Tenant’s Property as Tenant in its sole discretion shall deem advisable, subject including financing and similar arrangements.
29.3 Landlord shall execute such landlord consents and other agreements as shall be reasonably requested by Tenant in connection with any such agreements and arrangements. Landlord hereby waives each and every right which Landlord now has or may hereafter have under Legal Requirements or by the terms of any agreement now in effect or hereafter exercised by Landlord or Lender to adjustment and reconciliation as provided abovelevy or distrain upon any of Tenant’s Property for rent or to claim or assert title to any of Tenant’s Property.
Appears in 1 contract
Tenant’s Property. 6 (a) Tenant shall be responsible forTenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, telecommunications, data and other cabling, trade fixtures, furniture, furnishings, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions items of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furniture, fixtures, 11 equipment, inventory and any other personal property which are removable without material damage to the Building. Unavoidable Delays: Landlord’s or Tenant’s inability to fulfill or delay in fulfilling any of its obligations under this Lease expressly or impliedly to be performed by Landlord or Tenant or Landlord’s or Tenant’s inability to make or delay in making any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterationsrepairs, additions, alterations, improvements or improvements of whatsoever kind decorations or natureLandlord’s or Tenant’s inability to supply or delay in supplying any equipment or fixtures, if any, made 14 to the Premises, by Xxxxxx, any concessionaire Landlord’s or any previous tenant Tenant’s inability or occupant, irrespective of whether 15 any such tax delay is assessed, real or personal, and irrespective of whether any such tax is assessed due to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes”). Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlord.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied arises by reason of strikes, or by accident, or by any cause whatsoever beyond Landlord’s or Tenant’s occupancyreasonable control, useincluding governmental preemption in connection with a national emergency, developmentRequirements or shortages, 27 maintenance or restoration unavailability of labor, fuel, steam, water, electricity or materials, or delays caused by other tenants, Tenant or Landlord, as the case may be, mechanical breakdown, acts of God, acts of war, enemy action, terrorism, bio-terrorism, civil commotion, fire or other casualty; provided, however, an Unavoidable Delay shall in no event excuse or delay Tenant’s or Landlord’s obligations to pay Rent, the Abatement Amount, Landlord’s Contribution, the Renewal Allowance or other charges to be paid by Tenant or Landlord under the Lease or Tenant’s obligations under Article 3 of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, the Tax Charge is estimated to be $27.00 per square foot 45 of Floor Area in the Premises per annum, subject to adjustment and reconciliation as provided above.
Appears in 1 contract
Tenant’s Property. 6 Any personal property, furniture, trade fixtures and equipment, signs, decorative items, projection and sound systems, shelving, signs, trademarked items and other movable trade fixtures installed in or on the Leased Premises including, but not limited to walk-in coolers, refrigeration units, exhaust hoods, sinks and preparation areas, ovens, and other kitchen equipment (a) “Tenant’s Property”), shall remain the property of Tenant. The Tenant’s Property shall exclude the seats, seat stanchions, and screens. Landlord agrees that Tenant shall be responsible forhave the right, at any time, and agrees from time to pay prior time, to delinquency, remove any and all Taxes 7 of Tenant’s Property. Tenant, at Tenant’s expense, shall repair any damage occasioned by the removal of Tenant’s Property and upon expiration or earlier termination of the Term of this Lease, shall leave the Leased Premises in a neat and clean condition, except for normal wear and tear. From time to time, some or all of Tenant’s Property may be financed or owned by someone other taxesthan Tenant. To the extent that any of Tenant’s Property is financed or owned by someone other than Tenant, assessmentsLandlord agrees that such Tenant’s Property is not Landlord’s property no matter how the same is affixed to the Leased Premises or used by Tenant therein, leviesand Landlord further agrees to recognize the rights of the Leasehold Mortgagee, fees and other governmental charges and impositions any lender, owner, secured creditor or lessor (“Secured Party”) of every kind Tenant’s Property. Landlord hereby waives any claim arising by way of any Landlord’s lien (whether created by statute or 8 nature, regular by contract) or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or otherwise with respect to (i) Tenant's leasehold interest in the Premises’s Property and agrees, (ii) all furnitureif confirmation of such waiver is requested by Tenant or Secured Party, fixtures, 11 equipment, inventory to promptly sign and deliver to any other personal property Secured Party a waiver of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by lien Landlord may have on Tenant, any concessionaire or any previous tenant or 13 occupant, and ’s Property (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's TaxesLandlord’s Lien Waiver”). Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed confirmation is requested by 21 Landlord.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the TermSecured Party, including the land Landlord agrees to execute and deliver Landlord’s Lien within fifteen (15) days from Tenant’s or Secured party’s request therefor or Landlord shall conclusively be deemed to have granted confirmation of Landlord’s Lien Waiver thereafter and Landlord agrees that Tenant and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property Secured Party may thereafter rely thereon and Landlord shall be estopped from raising any claim of any nature whatsoever erected, 26 installed or maintained by lien on Tenant, or levied by reason ’s Property. Landlord also agrees that all of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges Property that this Lease may create a possessory interest is not subject to an interest of a Secured Party shall be the property 29 taxation, and that remain the property of Tenant may be subject or Tenant’s assignee or transferee no matter how the same is affixed to the payment of taxes levied on that interest. Leased Premises or utilized by Tenant shall pay 30 all or such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, assignee or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, the Tax Charge is estimated to be $27.00 per square foot 45 of Floor Area in the Premises per annum, subject to adjustment and reconciliation as provided abovetransferee.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Property. 6 (a) The Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be responsible forand remain there at Tenant's sole risk, and agrees the Landlord and its partners, agents and employees (collectively, "Landlord Parties") shall not be liable for any damage to pay prior or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever (unless and only to delinquencythe extent caused by the negligence or willful misconduct of the Landlord or any Landlord Parties), nor shall the Landlord or any and all Taxes 7 Landlord Parties be liable for any injury to the person of the Tenant or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind persons in or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in about the Demised Premises, (ii) unless and only to the extent caused solely by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all furnituresuch cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant covenants and agrees that it will not operate any machinery in the Demised Premises which may cause unreasonable vibration or damage to the Demised Premises or unreasonably disturb or annoy other tenants in neighboring buildings, fixtures, 11 equipment, inventory and nor to use a loud speaker or any other personal property device nor conduct any activity in or at the Demised Premises which can be heard outside the Building. No storage of any kind owned bywill be allowed on the exterior of the Building, or placed, installed or 12 located in, within, upon or about on the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to Common Areas serving the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes”). Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 LandlordBuilding.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, the Tax Charge is estimated to be $27.00 per square foot 45 of Floor Area in the Premises per annum, subject to adjustment and reconciliation as provided above.
Appears in 1 contract
Tenant’s Property. 6 (a) Tenant shall be responsible forThe System and its constituent parts, and agrees to pay prior to delinquency, together with any and all Taxes 7 improvements or other taxesfeatures constructed on, assessmentsor personal property installed or placed on the Premises and/or Landlord’s adjacent property by or for Tenant, leviesincluding without limitation, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furnituremachinery, fixtures, 11 trade fixtures, equipment, inventory racking, inverters, cables, solar panels and any other personal property of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's TaxesProperty”). Tenant shall provide Landlord with evidence 17 ) are personal property within the meaning of Xxxxxx's timely payment Article 9 of such Xxxxxx's Taxes upon Xxxxxxxx's request. If the Illinois Uniform Commercial Code found at any time any of such 18 Xxxxxx's Taxes are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord810 ILCS 5/9 et seq., or upon any replacement or against successor statute or code (the building containing “UCC”) regardless of the manner of attachment to the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlord.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxesadjacent property. Tenant’s payment for such taxes, fees 's Property is and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times during the Term be sufficient evidence 41 deemed to be the property of Tenant (subject to any Transfer in accordance with Section 26(a)), to be removed at Tenant's expense upon the expiration or earlier termination of the amount Term in accordance with Section 13. The creation, attachment and perfection of Tax Charges assessed or levied against the property to which such bill relates. security interests in Tenant’s 42 Tax Charge, once determined, 's Property shall be deemed Additional Rentgoverned exclusively by Article 9 of the UCC. 44 Notwithstanding For the avoidance of doubt and without limiting the foregoing, Landlord hereby waives any lien, security interest, rights to levy, distraint, possession, landlord’s lien and all other claims of any nature that Landlord now has or may hereafter have by statute, rule, regulation, common law, agreement or otherwise, in and to Tenant's Property, if any, and Landlord shall not cause the Tax Charge creation of, or attachment to, Tenant's Property of any liens (including mechanics' and judgment liens) or other encumbrances. For the avoidance of doubt, Xxxxxxxx is estimated not responsible for payment of any personal property taxes assessed on Tenant's Property. Landlord further agrees to notify any purchaser of the Land and any subsequent mortgagee or other encumbrance holder of the existence of the foregoing waiver of Landlord’s lien rights, which shall be $27.00 per square foot 45 binding upon the executors, administrators, successors and transferees of Floor Area Landlord, and shall inure to the benefit of the successors and assigns of Tenant and any Additional Notice Party (as defined in the Premises per annum, subject to adjustment and reconciliation as provided aboveSection 27).
Appears in 1 contract
Samples: Solar Energy Ground Lease
Tenant’s Property. 6 (a) Tenant shall be responsible for, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furniture, fixtures, 11 equipment, inventory and any other personal The following property of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes’s Property”). , whether or not located in or on the Leased Premises, does not constitute a portion of the Leased Premises and shall at all times during and after the Term be the property of Tenant shall provide Landlord with evidence 17 or its subtenants:
(i) All items of Xxxxxx's timely payment personal property, equipment and trade fixtures (so long as same are not necessary for the operation of such Xxxxxx's Taxes upon Xxxxxxxx's request. If the Property as opposed to the business from time to time conducted at the Property) about the Leased Premises, and whether or however attached to the Improvements, at any time any that are necessary or incidental to the business from time to time conducted at the Leased Premises, including, without limitation, exercise / fitness equipment, kitchen equipment and furnishings, work stations, portable or movable partitions, receptionist desks, millwork, credenzas, computer installations (including computers, computer hardware, raised flooring, freestanding supplemental air conditioning or cooling systems therefor), communications systems and equipment, financial services equipment (such as ATM’s), safes, safe doors, bulletin boards, book shelves and file cabinets, but excluding central HVAC and other building systems (other than telecommunications equipment, which shall be deemed the personal property of such 18 Xxxxxx's Taxes Tenant or its subtenants), walls (other than demountable walls or partitions), doors, trim, floor and wall coverings, ceiling lights and tile, window shades and the like;
(ii) All furniture, inventory, machinery (so long as same is not necessary for the operation of the Leased Premises as opposed to the business from time to time conducted at the Property), racking, shelving, and other personal property;
(iii) Any personal property, equipment or trade fixtures (so long as same are not levied necessary for the operation of the Property as opposed to the business from time to time conducted at the Property) which is either not owned by Landlord or Tenant or is on consignment to Tenant, including any personal property owned by Tenant’s, subtenant’s, employees or invitees;
(iv) All signs and assessed separately and directly to Tenant other forms of business identification; and
(for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlordv) Any other items of personal property whatsoever.
(b) Tenant and its subtenants shall payhave the right in its sole and absolute discretion from time to time to install, before delinquencyalter, all taxes, assessments remove and/or replace such Tenant’s Property as it shall deem to be useful or desirable in connection with its business in the Leased Premises. Tenant and fees assessed or levied 24 upon its subtenants further shall have the right to enter into such agreements and assignments with respect to the Tenant’s Property as Tenant or the Premises during the Termits subtenant in their sole discretion shall deem advisable, including financing and similar arrangements.
(c) Landlord agrees that, upon the land request of any Person that shall be Tenant’s or any of its subtenant’s senior secured lender or an equipment lender or equipment lessor of Tenant, Landlord shall negotiate in good faith for the purpose of executing and delivering a commercially reasonable waiver of Landlord’s statutory lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such Person regarding the security interests in, and the timing and removal of, any buildingsinventory, structures, 25 machinery, equipment, appliances equipment or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of collateral in which such Person has a secured interest (the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)Collateral”), then in form and substance reasonably acceptable to Landlord and such Person, so long as such waiver and agreement (i) provides for the indemnification of Landlord against any claims by Tenant shallor any Person claiming through Tenant, at its expense, 36 pay all Tax Charges directly and against any physical damage caused to the tax authority. HoweverLeased Premises, if Landlord, receives an invoice from in connection with the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 removal of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement any of the actual amount of Tenant's Tax Charge for Collateral by such tax year. A copy of a tax bill Person, (ii) expressly excludes any claim by such Person to any right, title or 40 statement interest in or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 any of the amount Equipment as defined in this Lease, (iii) provides for a reasonable, but in no event more than one hundred (120) days, time frame for the removal of Tax Charges assessed or levied against such Collateral by such Person after the property to expiration of which such bill relates. Tenant’s 42 Tax Charge, once determined, same shall be deemed Additional Rent. 44 Notwithstanding abandoned, and (iv) provides for the foregoing, per diem payment of Basic Rent due hereunder by such Person for each day following the Tax Charge is estimated date of the expiration or termination of this Lease that Landlord permits such Person’s Collateral to be $27.00 per square foot 45 of Floor Area remain in the Premises per annum, subject to adjustment and reconciliation as provided aboveLeased Premises.
Appears in 1 contract
Tenant’s Property. 6 (a) Tenant shall be responsible forTo the greatest extent permitted by law, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furniturefurnishings, fixtures, 11 equipment, inventory effects and any other personal property of any kind owned by, or placed, installed or 12 located in, within, upon or about Tenant and of all persons claiming through Tenant which from time to time may be on the Premises by or elsewhere in the Building or in transit thereto or therefrom (“Tenant Property”) shall be at the sole risk of Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes”). Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied Property expressly includes all business fixtures and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlord.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing any Tenant security or access control systems installed for the Premises, filing cabinets and permitting costs 28 racks, removable cubicles and feespartitions, kitchen equipment, computers and related equipment, raised flooring, supplemental cooling equipment, audiovisual and telecommunications equipment, non-building standard signage, and other tenant equipment installations, in each case including related conduits, cabling, and brackets or mounting components therefor and any connectors to base building systems and in each case whether installed or affixed in or about the Premises, in building core areas, or elsewhere in the Ledgemont Research Center. Tenant acknowledges To the greatest extent permitted by law, regardless of any cause whatsoever, no part of any loss or damage to Tenant’s property (or those claiming through Tenant) is to be charged to or be borne by Landlord. The parties acknowledge that this Lease damage or destruction may create a possessory interest subject to property 29 taxation, result from acts of cleaning personnel and employees of other independent contractors of Landlord working in and around the Premises and that Tenant may shall bear the risk and cost thereof unless Landlord has been grossly negligent in the selection or retention of such persons.”
(e) Section 10.05 of the Lease is hereby amended by inserting the following as Section 10.05(f) at the end of Section 10.05 of the Lease:
(f) In the event of a construction fit-out by the Tenant that has been previously approved by Landlord, the following minimum insurances shall be subject provided by Tenant (either through policies held directly by Tenant or through insurance policies held by contractors engaged by Tenant to perform such work):
a. Builder’s Risk shall be provided (before any construction work begins) which shall name Landlord, Tenant and all contractors as named insureds and shall be written for the payment full replacement cost of taxes levied the work, without any provision for coinsurance. It shall also allow for partial occupancy and shall include at least the coverages found in an ISO special cause of loss coverage form.
b. Professional liability insurance shall be provided (if Tenant is responsible for the design and before any professional services begin) covering such design services in an amount of the greater of the cost of the design services or $1,000,000 per claim. Such insurance shall not exclude pollution damages (including mold) a result of professional errors or omissions. Such insurance shall include a waiver of subrogation in favor of Landlord any anyone else that Landlord is required to provide a waiver of subrogation to in its contracts for the project.
c. Contractor’s pollution liability insurance shall be provided (before any construction work begins) covering such work in an amount of at least $1,000,000 per claim, and shall name Landlord and its affiliates, officers, directors and employees as additional insureds on a primary, non-contributory basis.
d. Excess (or umbrella) liability insurance shall be provided (before any construction work begins) that interestprovides excess liability coverage over commercial general liability, employer’s liability and business automobile insurance in the amounts of at least $5,000,000 per occurrence.
e. Worker’s compensation & Employers Liability, Commercial General Liability and Auto Liability shall be required of any of Tenant’s consultants, contractors or vendors in the same amounts as set forth above for Tenant. Tenant Landlord and its directors, officers, employees and affiliates shall pay 30 be provided (i) a waiver of subrogation on all such possessory interest taxesworker’s compensation policies and (ii) additional insured coverage on a primary, non-contributory basis to any commercial general liability policies. Certificates of insurance together with evidence of endorsements shall be provided to Landlord (upon Landlord’s request) for any of the insurance required by Tenant’s payment for such taxesconsultants, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, contractors or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)vendors.”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, the Tax Charge is estimated to be $27.00 per square foot 45 of Floor Area in the Premises per annum, subject to adjustment and reconciliation as provided above.
Appears in 1 contract
Samples: Lease (Curis Inc)
Tenant’s Property. 6 (a) Tenant 14.01 All fixtures, equipment, improvements and appurtenances attached to or built into the Demised Premises at the commencement of or during the term of this Lease, whether or not by or at the expense of Tenant, shall be responsible forand remain a part of the Demised Premises, shall be deemed the property of Landlord and shall not be removed by Tenant, except as hereinafter in this Article expressly provided.
14.02 All paneling, movable partitions, lighting fixtures, special cabinet work, other business and trade fixtures, inventory, machinery and equipment, communications equipment and office equipment, whether or not attached to or built into the Demised Premises, which are installed in the Demised Premises by or for the account of Tenant, without expense to Landlord, and agrees can be removed without permanent structural damage to pay prior to delinquencythe Building, any and all Taxes 7 or other taxesfurniture, assessments, levies, fees furnishings and other governmental charges articles of movable personal property owned by Tenant and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest located in the Demised Premises, (ii) all furniture, fixtures, 11 equipment, inventory and any other personal property of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes”). Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes which are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlord.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter sometimes referred to as “Tax Charge(s)Tenant’s Property”)) shall be and shall remain the property of Tenant and may be removed by it at any time during the term of this Lease; provided that if any of Tenant’s Property is removed, then Tenant shallor any party or person entitled to remove same shall repair or pay the cost of repairing any damage to the Demised Premises or to the Building resulting from such removal. Any equipment or other property for which Landlord shall have granted any allowance or credit to Tenant or which has replaced such items originally provided by Landlord at Landlord’s expense shall not be deemed to have been installed by or for the account of Tenant, without expense to Landlord, and shall not be considered Tenant’s Property.
14.03 At or before the Expiration Date, or the date of any earlier termination of this Lease, or as promptly as practicable after such an earlier termination date, Tenant at its expense, 36 pay shall remove from the Demised Premises all Tax Charges directly of Tenant’s Property which is not attached to, or built into, the Demised Premises except such items thereof as Tenant shall have expressly agreed in writing with Landlord were to remain and to become the property of Landlord, and shall fully repair any damage to the tax authority. However, if Landlord, receives an invoice Demised Premises or the Building resulting from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relatesremoval. Tenant’s 42 Tax Chargeobligation herein shall survive the termination of the lease.
14.04 Any other items of Tenant’s Property (except money, once determinedsecurities and other like valuables) which shall remain in the Demised Premises after the Expiration Date or after a period of fifteen (15) days following an earlier termination date, shall may, at the option of Landlord, be deemed Additional Rent. 44 Notwithstanding the foregoingto have been abandoned, the Tax Charge is estimated to and in such case either may be $27.00 per square foot 45 of Floor Area retained by Landlord as its property or may be disposed of, without accountability, at Tenant’s expense in the Premises per annum, subject to adjustment and reconciliation such manner as provided aboveLandlord may see fit.
Appears in 1 contract
Tenant’s Property. 6 (a) Tenant shall be responsible for, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furniture, fixtures, 11 equipment, inventory and any other personal The following property of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant (collectively, “Tenant's Taxes’s Property”). Tenant , whether or not located in or on the Leased Premises, does not constitute a portion of the Leased Premises and shall provide Landlord with evidence 17 at all times during and after the Term be the property of Xxxxxx's timely payment Tenant:
(i) All items of such Xxxxxx's Taxes upon Xxxxxxxx's request. If personal property, equipment and trade fixtures (so long as same are not necessary for the operation of the Leased Premises as opposed to the business from time to time conducted at the Leased Premises) about the Leased Premises, and whether or however attached to the Improvements, at any time any that are necessary or incidental to the business from time to time conducted at the Leased Premises, including, without limitation, exercise equipment, kitchen equipment and furnishings, work stations, portable or movable partitions, receptionist desks, millwork, credenzas, computer installations (including computers, computer hardware, raised flooring, freestanding supplemental air conditioning or cooling systems therefor), communications systems and equipment, financial services equipment (such as ATM’s), safes, safe doors, bulletin boards, book shelves and file cabinets, but excluding central HVAC and other building systems (other than telecommunications equipment, which shall be deemed the personal property of such 18 Xxxxxx's Taxes Tenant), walls (other than demountable walls or partitions), doors, trim, floor and wall coverings, ceiling lights and tile, window shades and the like;
(ii) All furniture, inventory, machinery (so long as same is not necessary for the operation of the Leased Premises as opposed to the business from time to time conducted at the Leased Premises), racking, shelving, and other personal property;
(iii) Any personal property, equipment or trade fixtures (so long as same are not levied necessary for the operation of the Leased Premises as opposed to the business from time to time conducted at the Leased Premises) which is either not owned by Landlord or Tenant or is on consignment to Tenant, including any personal property owned by Tenant’s, subtenant’s, employees or invitees;
(iv) All signs and assessed separately and directly to Tenant other forms of business identification; and
(for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlordv) Any other items of personal property whatsoever.
(b) (b) Tenant and each permitted subtenant at either Related Premises shall payhave the right in its sole and absolute discretion from time to time to install, before delinquencyalter, all taxes, assessments remove and/or replace their respective Tenant’s Property as it shall deem to be useful or desirable in connection with its business in the Leased Premises. Tenant further shall have the right to enter into such agreements and fees assessed or levied 24 upon assignments with respect to the Tenant’s Property as Tenant or the any permitted subtenant at either Related Premises during the Termin their sole discretion shall deem advisable, including financing and similar arrangements.
(c) Landlord agrees that, upon the land request of any Person that shall be Tenant’s senior secured lender or an equipment lender or equipment lessor of Tenant, Landlord shall negotiate in good faith for the purpose of executing and delivering a commercially reasonable waiver of Landlord’s statutory lien rights, if any, and a consent and agreement with respect to the respective rights of Landlord and such Person regarding the security interests in, and the timing and removal of, any buildingsinventory, structures, 25 machinery, equipment, appliances equipment or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of collateral in which such Person has a secured interest (the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)Collateral”), then in form and substance reasonably acceptable to Landlord and such Person, so long as such waiver and agreement (i) provides for the indemnification of Landlord against any claims by Tenant shallor any Person claiming through Tenant, at its expense, 36 pay all Tax Charges directly and against any physical damage caused to the tax authority. HoweverLeased Premises, if Landlord, receives an invoice from in connection with the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 removal of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement any of the actual amount of Tenant's Tax Charge for Collateral by such tax year. A copy of a tax bill Person, (ii) expressly excludes any claim by such Person to any right, title or 40 statement interest in or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 any of the amount Equipment as defined in this Lease, (iii) provides for a reasonable, but in no event more than sixty (60) days, time frame for the removal of Tax Charges assessed or levied against such Collateral by such Person after the property to expiration of which such bill relates. Tenant’s 42 Tax Charge, once determined, same shall be deemed Additional Rent. 44 Notwithstanding abandoned, and (iv) provides for the foregoing, per diem payment of Basic Rent due hereunder by such Person for each day following the Tax Charge is estimated date of the expiration or termination of this Lease that Landlord permits such Person’s Collateral to be $27.00 per square foot 45 of Floor Area remain in the Premises per annum, subject to adjustment and reconciliation as provided aboveLeased Premises.
Appears in 1 contract
Tenant’s Property. 6 (a) The Tenant further covenants and agrees that all personal property in and upon the Demised Premises shall be responsible forand remain there at Tenant’s sole risk, and agrees to pay prior to delinquencythe Landlord and its partners, any agents and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furniture, fixtures, 11 equipment, inventory and any other personal property of any kind owned by, or placed, installed or 12 located in, within, upon or about the Premises by Tenant, any concessionaire or any previous tenant or 13 occupant, and (iii) all alterations, additions, or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant employees (collectively, “Tenant's TaxesLandlord Parties”) shall not be liable for any damage to or loss of any personal property arising from any acts or negligence of any other persons, nor from the leaking of the roof, nor from the bursting, leaking or overflowing of water, sewer or steam pipes, nor from heating or plumbing fixtures, nor from the handling of electric wires or fixtures, nor from any other cause whatsoever (unless and only to the extent caused by the negligence or willful misconduct of the Landlord or any Landlord Parties), nor shall the Landlord or any Landlord Parties be liable for any injury to the person of the Tenant or other persons in or about the Demised Premises, (unless and only to the extent caused solely by the negligence or willful misconduct of the respective Landlord Parties); the Tenant expressly agreeing to save the Landlord harmless in all such cases and to carry public liability insurance in a company as provided in Section 6 hereof. Tenant shall provide Landlord with evidence 17 covenants and agrees that it will not operate any machinery in the Demised Premises which may cause unreasonable vibration or damage to the Demised Premises or unreasonably disturb or annoy other tenants in neighboring buildings, nor to use a loud speaker or any other device nor conduct any activity in or at the Demised Premises which can be heard outside the Building. No storage of Xxxxxx's timely payment any kind will be allowed on the exterior of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to LandlordBuilding, or upon or against on the building containing Common Areas serving the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 LandlordBuilding.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing and permitting costs 28 and fees. Tenant acknowledges that this Lease may create a possessory interest subject to property 29 taxation, and that Tenant may be subject to the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Tenant’s payment for such taxes, fees and assessments shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax for Tenant’s possession, use, or 35 occupancy of the Premises (hereinafter referred to as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authority. However, if Landlord, receives an invoice from the 37 local tax authority for Xxxxxx’s Tax Charge, Tenant shall pay to Landlord the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement of the actual amount of Tenant's Tax Charge for such tax year. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, the Tax Charge is estimated to be $27.00 per square foot 45 of Floor Area in the Premises per annum, subject to adjustment and reconciliation as provided above.
Appears in 1 contract
Tenant’s Property. 6 (a) Tenant shall be responsible for, and agrees to pay prior to delinquency, any and all Taxes 7 or other taxes, assessments, levies, fees and other governmental charges and impositions of every kind or 8 nature, regular or special, direct or indirect, presently foreseen or unforeseen or known or unknown, 9 levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority, 10 upon, against or with respect to (i) Tenant's leasehold interest in the Premises, (ii) all furnitureAll furnishings, fixtures, 11 equipment, inventory and any other personal property and effects of any kind owned by, or placed, installed or 12 located in, within, upon or about Tenant and of all persons claiming through Tenant which from time to time may be on the Premises by Tenant, any concessionaire or any previous tenant elsewhere in the Project or 13 occupant, and (iii) all alterations, additions, in transit thereto or improvements of whatsoever kind or nature, if any, made 14 to the Premises, by Xxxxxx, any concessionaire or any previous tenant or occupant, irrespective of whether 15 any such tax is assessed, real or personal, and irrespective of whether any such tax is assessed to or 16 against Landlord or Tenant therefrom (collectively, “Tenant Property”) shall be at the sole risk of Tenant to the maximum extent permitted by law and shall be kept insured by Tenant throughout the Term at Tenant's Taxes”)’s expense in accordance with Section 5.5. Tenant shall provide Landlord with evidence 17 of Xxxxxx's timely payment of such Xxxxxx's Taxes upon Xxxxxxxx's request. If at any time any of such 18 Xxxxxx's Taxes are not levied Property expressly includes all business fixtures and assessed separately and directly to Tenant (for example, if the same are 19 levied or assessed to Landlord, or upon or against the building containing the Premises and/or the land 20 underlying said building), Tenant shall pay to Landlord Xxxxxx's share thereof as determined and billed by 21 Landlord.
(b) Tenant shall pay, before delinquency, all taxes, assessments and fees assessed or levied 24 upon Tenant or the Premises during the Term, including the land and any buildings, structures, 25 machinery, equipment, appliances or other improvements or property of any nature whatsoever erected, 26 installed or maintained by Tenant, or levied by reason of Tenant’s occupancy, use, development, 27 maintenance or restoration of the Premises, including without limitation licensing any security or access control systems installed for the Premises, filing cabinets and permitting costs 28 racks, removable cubicles and feespartitions, kitchen equipment, computers and related equipment, raised flooring, supplemental cooling equipment, audiovisual and telecommunications equipment, non-building standard signage, and other tenant equipment installations, in each case including related conduits, cabling, and brackets or mounting components therefor and any connectors to base building systems and in each case whether installed or affixed in or about the Premises, in building core areas, or elsewhere in the Project. If the whole or any part of Tenant acknowledges Property or Tenant Work shall be destroyed or damaged by fire, water or otherwise, by the leakage or bursting of water pipes, steam pipes, or other pipes, by theft or crime, or from any other cause, to the maximum extent permitted by law no part of said loss or damage is to be charged to or be borne by Landlord. The parties acknowledge that this Lease damage or destruction may create a possessory interest subject to property 29 taxation, result from acts of cleaning personnel and employees of other independent contractors of Landlord working in and around the Premises and that Tenant may shall bear the risk and cost thereof unless Landlord has been negligent in the selection of such persons. Certain furniture is located in the Premises as shown on the list of furniture attached hereto as Exhibit C-l, which shall be subject delivered to Tenant with the payment of taxes levied on that interest. Tenant shall pay 30 all such possessory interest taxes. Premises upon Tenant’s payment for to Landlord in the amount of One Dollar ($1.00). Landlord agrees that such taxes, fees and assessments furniture shall not reduce 31 any Rental due under this Lease; and that Owner shall not assume any responsibility for any taxes 32 whatsoever resulting from Xxxxxx’s possession, use, or occupancy of the Premises. 34 If the local tax authority bills Tenant for any such tax be available for Tenant’s possession, use, or 35 occupancy use during the Term of the Premises (hereinafter referred to Lease in its as-is condition. Landlord makes no representations or warranties as “Tax Charge(s)”), then Tenant shall, at its expense, 36 pay all Tax Charges directly to the tax authoritycondition or suitability of such furniture for Tenant’s use. HoweverLandlord shall have no other obligation or liability with respect to any such furniture, if Landlordand such furniture shall constitute Tenant Property for all purposes under the Lease; provided, receives an invoice from however that Landlord shall retain title to such furniture and reserves the 37 local tax authority for Xxxxxx’s Tax Chargeright to require Tenant to surrender all or part of such furniture upon the expiration or earlier termination of the Lease in as good condition as when delivered to Tenant, subject to reasonable wear and tear. In addition, Tenant agrees that it shall pay not permit or cause any lien and/or security interest to Landlord be granted in any of such furniture during the Tax Charge. Upon receipt 38 of all tax bills pertaining to the Tax Charge payable by Xxxxxx, Landlord shall furnish Tenant with a 39 written statement Term of the actual amount of Tenant's Tax Charge for such tax yearLease. A copy of a tax bill or 40 statement or assessment notice submitted by Landlord to Tenant shall at all times be sufficient evidence 41 of the amount of Tax Charges assessed or levied against the property to which such bill relates. Tenant’s 42 Tax Charge, once determined, shall be deemed Additional Rent. 44 Notwithstanding the foregoing, if Tenant desires to discard any such furniture for any reason during the Tax Charge is estimated Term of the Lease, then Tenant shall notify Landlord of such desire, specifying the items of furniture Tenant desires to be $27.00 per square foot 45 discard. If Landlord does not inform Tenant within seven (7) days after receipt of Floor Area in the Premises per annumany such notice that Tenant should return such items to Landlord, subject to adjustment and reconciliation as provided abovethen Tenant may discard such items at Tenant’s sole cost.
Appears in 1 contract
