Common use of Tenant’s Share of Taxes Clause in Contracts

Tenant’s Share of Taxes. From and after the Commencement Date, if the Taxes for any full Tax Year falling within the Lease Term shall exceed the Base Taxes, or if, in the case of a Tax Year only a fraction of which is included in the Lease Term, an amount of the Taxes for such Tax Year multiplied by such fraction exceeds the Base Taxes multiplied by such fraction (the amount of such excess in either case being hereinafter referred to as the "Tax Excess"), then Tenant shall pay to Landlord, as Additional Rent, Tenant's Proportionate Share of the Tax Excess and Tax Expenses, provided that Tenant shall not be required to pay Tenant's share of Taxes due for the period from the Commencement Date, to and including June 30, 2000, until July 1, 2000, the date on which Base Taxes shall first be determinable. Tenant's Proportionate Share of the Tax Excess and Tax Expenses for each Tax Year shall be payable in monthly installments as follows: (a) Subject to the proviso in the first sentence of this Section 8.2, estimated payments by Tenant on account of Taxes and Tax Expenses shall be made on the first day of each and every calendar month during the Lease Term, in the fashion herein provided for the payment of Basic Rent. The monthly amount so to be paid to Landlord shall be sufficient to provide Landlord by the time Taxes and Tax Expenses are due with a sum equal to Tenant's required payments, as estimated by Landlord from time to time, on account of Taxes and Tax Expenses for the then current Tax Year. Promptly after receipt by Landlord of bills for such Taxes and Tax Expenses, Landlord shall advise Tenant of the amount thereof and the computation of Tenant's payment on account thereof. If estimated payments theretofore made by Tenant for the Tax Year covered by such bills exceed the required payments on account thereof for such Tax Year, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant on account of Taxes and Tax Expenses (or refund such overpayment within thirty (30) days if the Lease Term has ended and Tenant has no further obligation to Landlord); but if the required payments on account thereof for such Tax Year are greater than estimated payments theretofore made on account thereof for such Tax Year, Tenant shall make payment to Landlord within thirty (30) days after being so advised by Landlord. Landlord shall have the same rights and remedies for the nonpayment by Tenant of any payments due on account of Taxes and Tax Expenses as Landlord has hereunder for the failure of Tenant to pay Basic Rent. (b) If the Taxes for any Tax Year shall equal or be less than the Base Taxes, Tenant shall not be obligated to make any payments to Landlord pursuant to this Section 8.2 in respect of a Tax Excess for such Tax Year, but in no event shall Tenant be entitled to any refund or reduction in the Basic Rent by reason of such fact. (c) It is understood that the provisions of this Section 8.2 are based upon the method of payment of real property taxes in effect at the date of this Lease, to wit, in quarter-annual installments in advance on the first day of February, May, August and November of each Tax Year. If such method of payment is hereafter changed, Landlord shall have the right to change the method by which Tenant pays Tenant's Proportionate Share of a Tax Excess and Tax Expenses to a method of periodic payments which provides Landlord with the full payment of Tenant's Proportionate Share of such Tax Excess and Tax Expenses in respect of any installment of Taxes by the date on which such installment becomes due.

Tenant’s Share of Taxes. From and after the Commencement Date, if the Taxes for any full Tax Year falling within the Lease Term shall exceed the Base Taxes, or if, in the case of a Tax Year only a fraction of which is included in the Lease Term, an amount of the Taxes for such Tax Year multiplied by such fraction exceeds the Base Taxes multiplied by such fraction (the amount of such excess in either case being hereinafter hereafter referred to as the "“Tax Excess"”), then Tenant shall pay to Landlord, as Additional Rent, Tenant's Proportionate ’s Share of the Tax Excess Excess. From and Tax Expensesafter the Commencement Date, provided that Tenant shall not be also pay to Landlord, as Additional Rent, Tenant’s Share of Tax Expenses applicable to the reduction of Taxes for a Tax Year for which Tenant shall have been required to pay Tenant's share ’s Share of Taxes due for the period from the Commencement Date, to and including June 30, 2000, until July 1, 2000, the date on which Base Taxes shall first be determinableTax Excess. Tenant's Proportionate ’s Share of the Tax Excess and Tax Expenses for each Tax Year shall be payable in monthly installments as follows: (a) Subject to the proviso in the first sentence of this Section 8.2, estimated Estimated payments by Tenant on account of Taxes and Tax Expenses shall be made on the first day of each and every calendar month during the Lease Term, and otherwise in the same fashion herein provided for the payment of Basic Annual Fixed Rent. The monthly amount so to be paid to Landlord shall be sufficient to provide Landlord by the time Taxes and Tax Expenses are due with a sum equal to Tenant's ’s required payments, as estimated by Landlord from time to time, on account of Taxes and Tax Expenses for the then current Tax Year. Promptly after receipt by Landlord of bills for such Taxes and Tax Expenses, Landlord shall advise Tenant of the amount thereof and the computation of Tenant's ’s payment on account thereof. If estimated payments theretofore made by Tenant for the Tax Year covered by such bills exceed the required payments on account thereof for such Tax Year, Landlord shall shall, within thirty (30) days after the determination of such overpayment has been made, credit the amount of overpayment against subsequent obligations of Tenant on account of Taxes and Tax Expenses (or refund such overpayment within thirty (30) days if the Lease Term has ended and Tenant has no further obligation to Landlord); but if the required payments on account thereof for such Tax Year are greater than estimated payments theretofore made on account thereof for such Tax Year, Tenant shall make payment to Landlord within thirty (30) days after being so advised by Landlord. Tenant’s Share of Tax Expenses for each Tax Year shall, at Landlord’s option, be payable on a monthly basis as provided above, or at such other time as Landlord shall have the same rights and remedies for the nonpayment by Tenant of any payments render a statement therefor, provided that no payment shall be due on account of Taxes and Tax Expenses as Landlord has hereunder for the failure of Tenant to pay Basic Rentless than thirty (30) days notice. (b) If the Taxes for any Tax Year shall equal or be less than the Base Taxes, Tenant shall not be obligated to make any payments to Landlord pursuant to this Section 8.2 6.1 in respect of a Tax Excess for such Tax Year, but in no event shall Tenant be entitled to any refund or reduction in the Basic Annual Fixed Rent by reason of such fact. (c) It is understood that the provisions of this Section 8.2 6.1 are based upon the method of payment of New York City real property taxes in effect at the date of this Lease, to wit, in quartersemi-annual installments in advance on the first day days of February, May, August July and November January of each Tax Year. If such method of payment is hereafter changed, Landlord shall have the right to change the method by which Tenant pays Tenant's Proportionate ’s Share of a Tax Excess and Tax Expenses to a method of periodic payments which provides Landlord with the full payment amount of Tenant's Proportionate ’s Share of such Tax Excess and Tax Expenses in respect of any installment of Taxes by the date on which such installment becomes due, provided that a majority of all of the tenants in the Building shall be similarly obligated.

Tenant’s Share of Taxes. From and after the Commencement Date, if the Taxes for any full Tax Year falling within the Lease Term shall exceed the Base Taxes, or if, in the case of a Tax Year only a fraction of which is included in the Lease Term, an amount of the Taxes for such Tax Year multiplied by such fraction exceeds the Base Taxes multiplied by such fraction (the amount of such excess in either case being hereinafter hereafter referred to as the "“Tax Excess"”), then Tenant shall pay to Landlord, as Additional Rent, Tenant's Proportionate ’s Share of the Tax Excess Excess. From and Tax Expenses, provided that Tenant shall not be required to pay Tenant's share of Taxes due for the period from after the Commencement Date, Tenant shall also pay to and including June 30Landlord, 2000as Additional Rent, until July 1, 2000, the date on which Base Taxes shall first be determinableTenant’s Share of Tax Expenses. Tenant's Proportionate ’s Share of the Tax Excess and Tax Expenses for each Tax Year shall be payable in monthly installments as follows: (a) Subject to the proviso in the first sentence of this Section 8.2, estimated Estimated payments by Tenant on account of Taxes and Tax Expenses shall be made on the first day of each and every calendar month during the Lease Term, and otherwise in the same fashion herein provided for the payment of Basic Annual Fixed Rent. The monthly amount so to be paid to Landlord shall be sufficient to provide Landlord by the time Taxes and Tax Expenses are due with a sum equal to Tenant's ’s required payments, as estimated by Landlord from time to time, on account of Taxes and Tax Expenses for the then current Tax YearYear provided that no change in the estimated payment shall made on less than thirty (30) days notice from Landlord. Promptly after receipt by Landlord of bills for such Taxes and Tax Expenses, Landlord shall advise Tenant of the amount thereof and the computation of Tenant's ’s payment on account thereof. Upon Tenant’s written request, Landlord shall provide Tenant with a copy of the tax xxxx for the Tax Year in question. If estimated payments theretofore made by Tenant for the Tax Year covered by such bills exceed the required payments on account thereof for such Tax Year, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant on account of Taxes and Tax Expenses (or refund such overpayment within thirty (30) days if the Lease Term has ended and Tenant has no further obligation to Landlord); but if the required payments on account thereof for such Tax Year are greater than estimated payments theretofore made on account thereof for such Tax Year, Tenant shall make payment to Landlord within thirty (30) days after being so advised by Landlord. Tenant’s Share of Tax Expenses for each Tax Year shall, at Landlord’s option, be payable on a monthly basis as provided above, or at such other time as Landlord shall have the same rights and remedies for the nonpayment by Tenant of any payments render a statement therefor, provided that no payment shall be due on account of Taxes and Tax Expenses as Landlord has hereunder for the failure of Tenant to pay Basic Rentless than thirty (30) days notice. (b) If the Taxes for any Tax Year shall equal or be less than the Base Taxes, Tenant shall not be obligated to make any payments to Landlord pursuant to this Section 8.2 6.1 in respect of a Tax Excess for such Tax Year, but in no event shall Tenant be entitled to any refund or reduction in the Basic Annual Fixed Rent by reason of such fact. (c) It is understood that the provisions of this Section 8.2 6.1 are based upon the method of payment of New York City real property taxes in effect at the date of this Lease, to wit, in quartersemi-annual installments in advance on the first day days of February, May, August July and November January of each Tax Year. If such method of payment is hereafter changed, Landlord shall have the right to change the method by which Tenant pays Tenant's Proportionate ’s Share of a Tax Excess and Tax Expenses to a method of periodic payments which provides Landlord with the full payment amount of Tenant's Proportionate ’s Share of such Tax Excess and Tax Expenses in respect of any installment of Taxes by the date on which such installment becomes due.

Tenant’s Share of Taxes. From and after (a) Tenant shall, on account of each tax year that occurs during the Commencement DateTerm of this Lease, if the Taxes for any full Tax Year falling within the Lease Term shall exceed the Base Taxespay to Landlord, or ifas Additional Rent, in the case of a Tax Year only a fraction of which is included in the Lease Term, an amount that portion of the Taxes for such tax year as shall result from multiplying the same by a fraction, the numerator of which is the total square footage of floor area of the Premises (which shall be deemed to be the square footage of the Premises set forth in Section 2.1 above), and the denominator of which is the total square footage of leasable floor area of the Building (which shall be deemed to be the square footage of the Building set forth in Section 2.1 above). (b) Tenant’s Proportionate Share of Taxes shall be equitably adjusted for and with respect to the first and last partial tax years (if any) of the term of this Lease. Where the applicable tax bills and computations are not available prior to the end of the term hereof, then a tentative computation shall be made on the basis of the previous year’s Taxes payable by Tenant, with a final adjustment to be made between Landlord and Tenant promptly after all bills and computations are available for such period. Landlord shall provide to Tenant copies of all Tax Year multiplied bills upon request. (c) Tenant’s Proportionate Share of Taxes shall be due and payable within thirty (30) days after receipt by such fraction exceeds Tenant of Landlord’s invoice. However, Tenant shall make monthly tax deposits with Landlord in an amount equal to one-twelfth (1/12th) of Tenant’s annual pro rata share of Taxes as reasonably estimated by Landlord (taking into account relevant factors including the Base prior year’s Taxes), with a final adjustment to be made between the parties as soon as said pro rata share has been determined. Accordingly, if the amounts paid by Tenant to Landlord on account of Tenant’s pro rata share of Taxes multiplied by such fraction (exceeded the amounts to which Landlord was entitled hereunder, or that Tenant is entitled to a credit with respect to Tenant’s pro rata share of Taxes, Landlord, at its option, shall refund to Tenant the amount of such excess in either case being hereinafter referred or apply the amount of such credit to the sums of Annual Fixed Rent next coming due, as the "Tax Excess")case may be, within thirty (30) days after notice of such determination; provided, however, if the Lease Term has ended, Landlord shall promptly provide such refund to Tenant. Similarly, if the amounts paid by Tenant to Landlord on account of Tenant’s pro rata share of Taxes were less than the amounts to which Landlord was entitled hereunder, then Tenant shall pay to Landlord, as Additional Rent, Tenant's Proportionate Share of the Tax Excess and Tax Expenses, provided that Tenant shall not be required to pay Tenant's share of Taxes due for the period from the Commencement Date, to and including June 30, 2000, until July 1, 2000, the date on which Base Taxes shall first be determinable. Tenant's Proportionate Share of the Tax Excess and Tax Expenses for each Tax Year shall be payable in monthly installments as follows: (a) Subject to the proviso in the first sentence of this Section 8.2, estimated payments by Tenant on account of Taxes and Tax Expenses shall be made on the first day of each and every calendar month during the Lease Term, in the fashion herein provided for the payment of Basic Rent. The monthly amount so to be paid to Landlord shall be sufficient to provide Landlord by the time Taxes and Tax Expenses are due with a sum equal to Tenant's required payments, as estimated by Landlord from time to time, on account of Taxes and Tax Expenses for the then current Tax Year. Promptly after receipt by Landlord of bills for such Taxes and Tax Expenses, Landlord shall advise Tenant of the amount thereof and the computation of Tenant's payment on account thereof. If estimated payments theretofore made by Tenant for the Tax Year covered by such bills exceed the required payments on account thereof for such Tax Year, Landlord shall credit the amount of overpayment against subsequent obligations of Tenant on account of Taxes and Tax Expenses (or refund such overpayment within thirty (30) days if the Lease Term has ended and Tenant has no further obligation to Landlord); but if the required payments on account thereof for such Tax Year are greater than estimated payments theretofore made on account thereof for such Tax Year, Tenant shall make payment to Landlord deficiency within thirty (30) days after being so advised by Landlord. Landlord shall have the same rights and remedies for the nonpayment by Tenant notice of any payments due on account of Taxes and Tax Expenses as Landlord has hereunder for the failure of Tenant to pay Basic Rentsuch determination. (bd) If In every case, Taxes shall be adjusted to take into account any abatement or refund thereof paid to Landlord by the Taxes for any Tax Year shall equal appropriate authorities, less all of Landlord’s reasonable out of pocket costs of securing such abatement or be less than refund (Landlord having the Base sole right to contest Taxes, but Landlord agrees to contest Taxes upon the reasonable request of Tenant). If Landlord shall elect to negotiate or contest such Taxes, Landlord shall be entitled to xxxx Tenant for its said pro rata share of the reasonable out of pocket costs and expenses thus incurred by Landlord as and when the same are incurred, and the same shall constitute part of such Taxes. To the extent that Landlord has so billed and received from Tenant payment of such costs and expenses, the same shall not be obligated to make any payments to Landlord pursuant to this Section 8.2 in deducted as aforesaid from the abatement or refund, if any, ultimately received with respect of a Tax Excess for such Tax Year, but in no event shall Tenant be entitled to any refund or reduction in the Basic Rent by reason of such factthereto. (c) It is understood that the provisions of this Section 8.2 are based upon the method of payment of real property taxes in effect at the date of this Lease, to wit, in quarter-annual installments in advance on the first day of February, May, August and November of each Tax Year. If such method of payment is hereafter changed, Landlord shall have the right to change the method by which Tenant pays Tenant's Proportionate Share of a Tax Excess and Tax Expenses to a method of periodic payments which provides Landlord with the full payment of Tenant's Proportionate Share of such Tax Excess and Tax Expenses in respect of any installment of Taxes by the date on which such installment becomes due.

Tenant’s Share of Taxes. From and after During the Commencement Date, if the Taxes for any full Tax Year falling within the Lease Term shall exceed the Base Taxes, or if, in the case of a Tax Year only a fraction of which is included in the Lease Term, an amount of the Taxes for such Tax Year multiplied by such fraction exceeds the Base Taxes multiplied by such fraction (the amount of such excess in either case being hereinafter referred to as the "Tax Excess"), then Tenant shall pay to Landlord, as Additional Rent, Tenant's Proportionate Share the Taxes within thirty (30) days of Landlord rendering a bill therefor. Alternatively, at Landlord’s option, beginning on the Tax Excess and Tax Expenses, provided that Tenant shall not be required to pay Tenant's share of Taxes due for first full month following the period from the Rent Commencement Date, to and including June 30, 2000, until July 1, 2000, the date on which Base Taxes Tenant shall first be determinable. Tenant's Proportionate Share make monthly payments of the Tax Excess and Tax Expenses for each Tax Year shall be payable Taxes in monthly installments as follows: (a) Subject to the proviso in the first sentence of this Section 8.2, estimated payments by Tenant on account of Taxes and Tax Expenses shall be made advance on the first day of each and every calendar month during the Lease Termmonth, in an amount reasonably estimated in writing by Landlord to be Xxxxxx’s monthly share of Taxes. Upon twenty (20) days’ written notice from Landlord, such monthly installments will increase or decrease to reflect the fashion herein provided then current estimate of the amount of any Taxes due. When Landlord determines the actual amount of Taxes for any calendar year, Landlord shall notify Tenant of such amount and the payment of Basic Rent. The monthly amount so to be paid to Landlord for such calendar year shall be sufficient to provide Landlord by adjusted. Within 120 days after the time Taxes and Tax Expenses are due with a sum equal to Tenant's required payments, as estimated by Landlord from time to time, on account end of Taxes and Tax Expenses for each calendar year during the then current Tax Year. Promptly after receipt by Landlord of bills for such Taxes and Tax ExpensesTerm, Landlord shall advise give Tenant a statement showing the: (i) the actual amount of Taxes due for the calendar year, (ii) the amount thereof of Taxes paid by Tenant during such year and (iii) the computation of Tenant's payment on account thereofamount Tenant owes Landlord or Landlord owes Tenant towards such Taxes. If estimated payments theretofore made the statement shows that the actual amount Tenant owes for the calendar year is less than the amount actually paid by Tenant for during such calendar year (the “Tax Year covered by such bills exceed the required payments on account thereof for such Tax YearOverpayment”), Landlord shall pay the difference to Tenant or credit the Tax Overpayment against Minimum Annual Rent and/or Additional Rent for the succeeding month. If the statement shows that the actual amount of overpayment against subsequent obligations of Tenant on account of Taxes and Tax Expenses (or refund such overpayment within thirty (30) days if owes is more than the Lease Term has ended and amount actually paid by Tenant has no further obligation to Landlord); but if during the required payments on account thereof for such Tax Year are greater than estimated payments theretofore made on account thereof for such Tax Yearcalendar year, Tenant shall make payment to Landlord pay the difference (the “Tax Underpayment”). The Tax Overpayment or Tax Underpayment shall be paid within thirty (30) days after being so advised by Landlordthe statement is delivered to Tenant, which obligations shall survive termination of this Lease for a period of two (2) years. Landlord shall have the same rights and remedies for the nonpayment by Tenant of any payments due on account of Taxes and Tax Expenses as Landlord has hereunder for the failure of Tenant to pay Basic Rent. (b) If the Taxes for any Tax Year partial calendar year or partial month will be prorated on a per diem basis. Tenant may not inspect or audit Xxxxxxxx’s records of Taxes; however, upon written request by Xxxxxx, Landlord shall equal furnish Tenant with a copy of all Landlord’s tax bills relating to Taxes. Tenant may contest Taxes but only after Xxxxxx has requested in writing, that Landlord do so and Landlord will not agree. Any net recovery received in a contest relating to Taxes shall be credited against Xxxxxx’s obligation to pay Taxes or other rent items, or, if the excess relates to the last year of the Term, Landlord shall refund such amount to Tenant. Landlord acknowledges and confirms that Xxxxxx intends to enter into a straight-lease transaction with the Suffolk County Industrial Development Agency (the “XXX Transaction”) in order to receive certain real property tax abatements and that pursuant to which Tenant will be less than required to make payments in lieu of taxes with respect to the Base TaxesPremises (the “PILOT Payments”). Xxxxxxxx confirms that to the extent Tenant is entitled to any abatements, concessions or other accommodations in respect of the Premises, Tenant shall not be obligated permitted to make utilize same for Tenant’s sole benefit. Tenant shall receive a credit for all PILOT Payments against amounts due under this Section. Tenant shall be solely responsible for all costs associated with the XXX Transaction. Landlord agrees to sign any payments reasonable documentation relating to Landlord pursuant the XXX Transaction to this Section 8.2 in respect of a Tax Excess for such Tax Yearthe extent required to effectuate same. In addition, but in no event Xxxxxx shall Tenant be entitled to appeal and/or contest any refund or reduction in the Basic Rent by reason of such fact. (c) It is understood that the provisions of this Section 8.2 are based upon the method of payment of real property taxes in effect at the date of this Lease, to wit, in quarter-annual installments in advance on the first day of February, May, August and November of each Tax Year. If such method of payment is hereafter changed, Landlord shall have Taxes only if the right to change contest is limited to Tenant in the method by which Tenant pays Tenant's Proportionate Share of a Tax Excess and Tax Expenses documents entered into with respect to a method of periodic payments which provides Landlord with the full payment of Tenant's Proportionate Share of such Tax Excess and Tax Expenses in respect of any installment of Taxes by the date on which such installment becomes dueXXX Transaction.