TENANT'S TAX OBLIGATION Clause Samples
TENANT'S TAX OBLIGATION. Tenant shall pay to Landlord its proportionate share of all taxes and assessments which may be levied or assessed by any lawful authority during the term of this Lease, or with respect to each fiscal tax year falling in whole or in part during the term of this Lease, against the land, buildings and improvements comprising the Shopping Center, including but not limited to all real property taxes and of all other taxes which Landlord becomes obligated to pay with respect to the regional retail development, irrespective of whether such taxes are assessed against real or personal property. Tenant’s proportionate share of such taxes and assessments shall be equal to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the Leased Premises and the denominator of which shall be the total number of square feet of gross leased and occupied floor area in the Shopping Center. In the event that any present or future enactment of the State or any political subdivision thereof or any governmental authority having jurisdiction thereover either: (a) imposes a direct or indirect tax and/or assessment of any kind or nature upon, against or with respect to the rents payable by tenants or occupants in the regional retail development to Landlord derived from the regional retail development or with respect to Landlord’s (or the individuals’ or entities’ which constitute the partners of the partnership which is Landlord, or which is the beneficiary of the Trust of which Landlord is Trustee, as applicable) ownership of the land and buildings comprising the regional retail development, either in addition to or by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, including, without limitation, any net profits tax or any comparable tax imposed on any portion of Landlord’s revenues from the regional retail development or imposes an income or franchise tax on rents in substitution for a general tax levied against the Shopping Center, or in addition thereto; and/or (b) imposes a direct or indirect tax or surcharge of any kind or nature, upon, against or with respect to the parking areas or the number of parking spaces in the regional retail development, then in either or both of such events, Tenant shall be obligated to pay its proportionate share thereof as provided herein. For purposes of this Section, the term ...
TENANT'S TAX OBLIGATION. Tenant agrees to pay to Landlord, as additional rental hereunder, its prorata share of all taxes which first becomes due in a calendar year, and assessments which have been or may be levied or assessed by any lawful authority for any calendar year during the term hereof, against the Centre presently and/or at any time during the term of this Lease or any tax and/or assessment of any kind or nature presently or hereafter imposed by the State of Michigan or any political subdivision thereof, or any governmental authority having jurisdiction thereover, upon, against or with respect to the rentals payable by tenants in the Centre to Landlord or on the income of Landlord derived from the Centre or with respect to the Landlord's, or the individuals or entities which form the Landlord herein, ownership of the Centre presently and/or at any time during the term of this Lease, either by way of substitution for all or any part of the taxes and assessments levied or assessed against the Centre, or in addition thereto, and Tenant shall be obligated to pay its prorata share thereof as provided herein. In addition, should any governmental authority having jurisdiction thereover impose a tax or surcharge of any kind or nature upon, against or with respect to the parking areas or the number of parking spaces in the Centre, such tax or surcharge shall likewise be deemed to constitute a tax and/or assessment against the Centre for the purpose of this Section and Tenant shall be obligated to pay its prorata share thereof as provided herein. The above notwithstanding, nothing contained herein shall be interpreted to require Tenant to pay nor allow Landlord to charge for any income taxes, including the Michigan Single Business Tax, which are properly Landlord's as a result of Landlord's operation of the Centre and/or any profits derived therefrom. In determining the amount of taxes for any calendar year, the amount of special assessments to be included shall be limited to the amount of the installment (plus any interest payable thereon) of such special assessment which would have been required to have been paid during such year if Landlord had elected to have such special assessment paid over the maximum period of time permitted by law. Tenant's prorata share of all of the aforesaid taxes and assessments levied or assessed for or during the term hereof, as determined by Landlord, shall be paid in monthly installments on or before the first day of each calendar month, in advanc...
TENANT'S TAX OBLIGATION. “Taxes” shall mean all taxes, assessments and governmental charges, whether federal, state, county or municipal, and whether general or special, ordinary or extraordinary, foreseen or unforeseen, imposed upon ▇▇▇▇▇▇’s personal property or trade fixtures, the Premises, or any possessory interest therein, or their operation, whether or not directly paid by Landlord, but excluding those Taxes paid by Landlord as defined at Section 5.1(c) above.
TENANT'S TAX OBLIGATION. Tenant agrees to pay to Landlord, or on behalf of Landlord direct to the appropriate taxing authority, all taxes and assessments which have been or may be levied, assessed, or payable to any lawful authority, for each calendar year during the term hereof, against the land, buildings, and improvements presently and/or at any time during the term of this Lease comprising the Premises and the rentals payable by tenants in the Premises to Landlord (hereinafter referred to as the "Taxes"). Taxes shall be deemed levied or assessed with respect to the calendar year in which such taxes initially constitute a lien against the Premises. However, the taxes described in the next sentence shall be accrued ratably during the calendar year. Any costs, expenses, and attorneys' fees incurred by Landlord for reduction in the assessed valuation of the Premises and any protest or contest of real estate taxes and/or assessments shall be included within the term "Taxes". Notwithstanding anything herein contained to the contrary, Tenant shall not have the right to contest the Taxes in any manner whatsoever.
TENANT'S TAX OBLIGATION. Tenant shall pay to Landlord its proportionate share of all taxes and assessments which may be levied or assessed by any lawful authority during the term of this Lease, or with respect to each fiscal tax year falling in whole or in part during the term of this Lease, against the land, buildings and improvements comprising the Shopping Center, and of all other taxes which Landlord becomes obligated to pay with respect to the regional retail development, irrespective of whether such taxes are assessed against real or personal property. The portion of such taxes and assessments allocated to the common areas of the Shopping Center, and the portion of such taxes allocated to the "net-building area (Gross building area less the sum of gross leasable floor area and common areas) of the Shopping Center, shall be deducted from the total of such taxes and assessments and charged to Tenant in accordance with the provisions contained in Section 8.03 of this Lease. Tenant's proportionate share of the remaining taxes and assessments (i.e.. those not charged under Section 8.03) shall be equal to the product obtained by multiplying such taxes and assessments by a fraction, the numerator of which shall be the number of square feet of floor area in the leased premises and the denominator of which shall be the total number of square feet of gross leased and occupied floor area in the Shopping Center. In the event that any present or future enactment of the State or any political subdivision thereof or any governmental authority having jurisdiction thereover either: (a) imposes a direct or indirect tax and/or assessment of any kind or nature upon, against or with respect to the rents payable by tenants or occupants in the regional retail development to Landlord derived from the regional retail development or with respect to the Landlord's (or the individuals' or entities' which constitute the partners of the partnership which is the Landlord, or which is the beneficiary of the Trust of which Landlord is Trustee, as applicable) ownership of the land and buildings comprising the regional retail development, either in addition to or by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, including, without limitation, any net profits tax or any comparable tax imposed on any portion of Landlord's revenues from the regional retail development; and/or (1,) imposes a direct or indirect tax or surcharge of any k...
TENANT'S TAX OBLIGATION. Tenant shall not be obligated to pay a proportionate share of property taxes on the building until the expiration of the agreement between Landlord and the City of Rockford (currently scheduled for 2015) to rebate a property tax increment on the building to Landlord through the West Side Tax Increment Financing ("TIF") District. Tenant shall be obligated to pay its pro-rata share of property taxes after the expiration of the said TIF Agreement.
TENANT'S TAX OBLIGATION. (a) Commencing on the Rental Commencement Date, Tenant shall pay Tenant’s Share of Taxes. “Tenant’s Share” means the proportion that the number of square feet of Floor Area in the Premises bears to the total number of square feet of constructed gross leased and occupied Floor Area of the Development but excluding space occupied by the Major Tenants, movie theaters, free standing units and full-service sit-down restaurants. The term “Taxes” means any and all taxes, surcharges, assessments, levies, fees and all other governmental charges and impositions, regular or special, direct or indirect, foreseen or unforeseen, known or unknown, levied or assessed by municipal, county, state, federal or other governmental taxing or assessing authority upon, against or with respect to the real estate upon which the Development, or any part of it, is located and to any improvements located in the Development including, but not limited to, taxes on the parking facilities and land upon which temporary off-site utility systems are located. Calculation of Tenant’s Share shall include Taxes that are due to reassessment or determination that the method utilized by Landlord in determining property taxes are incorrect, or reassessment of property taxes by virtue of a change in the ownership of Landlord’s (or ▇▇▇▇▇▇▇▇’s direct or indirect owners) interest or otherwise by operation of law. Taxes may also include, (i) gross receipts or direct or indirect taxes of any kind or nature imposed on Landlord (or on Landlord’s direct or indirect owners) with respect to rents and other charges payable by tenants and/or other users of the Development, and/or (ii) any other taxes which Landlord becomes obligated to pay with respect to the Development, irrespective of whether the same are assessed as real or personal property, including, for example, a charge for assessments, taxes, fees, levies and charges imposed by governmental agencies for services such as fire protection, sidewalk and road maintenance, refuse removal and other public services generally provided without charge to property owners or occupants prior to the date of this Lease Taxes shall not include Landlord’s income or franchise taxes. Landlord may allocate Taxes between buildings and structures and the parcels on which they are located, and/or between the retail and non-retail areas of the Development, in its reasonable discretion in accordance with sound accounting and management principles.
TENANT'S TAX OBLIGATION. Tenant agrees to pay all taxes and assessments which have been or may be levied or assessed by any lawful authority against the Leased Premises for any calendar year during the Term hereof. Tenant shall pay such taxes directly to the local assessor's office. Any tax and/or assessment of any kind or nature presently or hereafter imposed by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over, upon, against or with respect to the rentals payable by the Tenant in the Leased Premises to Landlord. To the best of its knowledge, Landlord certifies that the Leased Premises exist within a "Renaissance Zone" for tax purposes. Notwithstanding anything herein to the contrary, if an uncapping event ("Uncapping Event") occurs whereby a governmental assessor can increase the taxable value and/or assessed value of the Leased Premises caused by acts or omissions of Landlord, or if the acts or omissions of Landlord impair Tenant's benefits under the Renaissance Zone, Tenant shall not be responsible for any increase in the ad valorem real estate taxes or assessments caused by such Uncapping Event which shall be the responsibility of Landlord. In addition to the foregoing, Tenant at all times shall be responsible for and shall pay, before delinquency, all taxes levied, assessed or unpaid on any leasehold interest, any right of occupancy, any investment of Tenant in the Leased Premises, or any personal property of any kind owned, installed or used by Tenant, including Tenant's leasehold improvements or on Tenant's right to occupy the Leased Premises.
TENANT'S TAX OBLIGATION a) Notwithstanding anything to the contrary contained in this Section 2.04, Tenant shall pay Six and 42/100 Dollars ($6.42) per square foot of Floor Area in the Premises as its share of Taxes. The foregoing charge is calculated on the basis of One Hundred Fifty Percent (150%) of the Floor Area of the Premises. Beginning on the January 1 following the Rental Commencement Date and every January 1 thereafter during the Term, the Taxes payable by Tenant herein shall be increased by ten percent (10%) of the amount payable for the prior year.
b) In the last sentence of subsection 2.04(c) after "Tenant's" insert "and Landlord's".
TENANT'S TAX OBLIGATION. As additional rent, Tenant shall pay and discharge when due all real estate taxes, ordinary and special assessments and other governmental charges levied of or which would become a lien upon the Premises. Tenant shall furnish Landlord with evidence of the payment of the above upon Landlord's request. All taxes, assessments and charges shall be apportioned between Landlord and Tenant to the extent that this Lease is not in effect during the period of any such assessment. Tenant shall not be required to pay any income, profit, excess profit, corporation, capital levy, franchise or other taxes imposed upon Landlord.