Common use of Tenant’s Tax Obligations Clause in Contracts

Tenant’s Tax Obligations. a. Commencing on the Commencement Date, Xxxxxx agrees to pay, before they become delinquent, all taxes, assessments and governmental charges of any kind and nature whatsoever (hereinafter collectively referred to as "Taxes") ----- lawfully levied or assessed against the Premises as well as those assessed against all personal property, furniture, and fixtures of Tenant located on the Premises. Tenant shall furnish to Landlord, not later than fifteen (15) days before the date any such taxes become delinquent, official receipts of the appropriate taxing authority or other evidence satisfactory to Landlord evidencing payment thereof. If Tenant should fail to pay any Taxes required to be paid by Tenant hereunder at least ten (10) days before such taxes become delinquent, in addition to any other remedies provided herein, Landlord may, if it so elects but with no obligation to do so, pay such Taxes. Any out-of-pocket sums expended by Landlord to pay such Taxes (including all penalties, interest and attorneys fees which have accrued due to Tenant's failure to pay) shall be deemed to be Additional Rental owing by Tenant to Landlord and shall be due and payable, on written demand, together with interest thereon at the Default Rate from the date of such demand by Landlord to the date of repayment in full by Tenant. b. If at any time during the Lease Term, and all extensions thereof, the present method of taxation shall be changed so that in lieu of the whole or any part of any Taxes levied, assessed or imposed on Premises, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the Rents received therefrom, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "Taxes" for the purposes hereof. There shall not be included within the term "Taxes" any income taxes, franchise taxes or other taxes imposed upon the general revenues of Landlord. c. Tenant may, at its sole cost and expense and in its own name or in the name of Landlord, dispute and contest any assessed values and any Taxes by appropriate proceedings diligently conducted in good faith. In the event that Tenant elects, as a result of the pendency of any such protest, to not pay any of the Taxes prior to the date on which same will become delinquent, then Tenant shall, prior to such delinquency date, and if requested by Landlord, deposit with Landlord the amount so contested and unpaid, together with an amount which is estimated by Landlord to be the penalties, interest and attorney's fees which will be owed if Tenant does not prevail. Landlord may waive the making of such deposit if it receives assurances reasonably satisfactory to Landlord that such Taxes, penalties, interest and attorney's fees will be paid in the amounts finally adjudicated as being owed. Tenant hereby indemnifies and holds Landlord harmless from any and all costs, damages, or expenses (including but not limited to penalties, interest and attorney's fees) in connection with any such proceedings. d. Taxes payable with respect to the Premises for the year in which the Commencement Date occurs, as well as those payable for the year in which the Lease Term expires, shall be prorated between Landlord and Tenant with Landlord being obligated to pay the taxes for those time periods which are not included in the Lease Term.

Tenant’s Tax Obligations. a. Commencing on The Tenant covenants with the Commencement Date, Xxxxxx agrees Landlord: (i) to pay, before they become delinquent, pay promptly when due to the taxing authority or authorities having jurisdiction all taxes, rates, duties, levies and assessments and governmental charges whatsoever, whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of any kind and nature whatsoever every business carried on by the Tenant, subtenants, licensees, or other occupants of the Leased Premises or in respect of the use or occupancy thereof (hereinafter collectively referred including licence fees); and (ii) to as "Taxes"pay promptly to the Landlord when demanded or otherwise due hereunder: (1) ----- lawfully levied all Taxes charged in respect of all Leasehold Improvements and trade fixtures and all furniture and equipment made, owned or assessed against installed by or on behalf of the Tenant in the Leased Premises as well Additional Rent; (2) if by reason of the act, election or religion of the Tenant or any subtenant, licensee or occupant of the Leased Premises, the Leased Premises or any part of them shall be assessed for the support of Separate Schools, the amount by which the Taxes so payable exceed those which would have been payable if the Leased Premises had been assessed for the support of Public Schools; and (3) the Tenant's Proportionate Share of Taxes as those assessed against all personal propertyAdditional Rent in the manner stipulated herein. (iii) notwithstanding any other provisions of this Lease to the contrary, furniture, and fixtures of Tenant located on the Premises. Tenant shall furnish pay to the Landlord, not later than fifteen (15) days before at such times and in such manner as the date Landlord may direct, without duplication, an amount equal to all goods and service taxes, sales taxes, value-added taxes or any other taxes imposed with respect to Base Rent, Additional Rent or other amounts payable by the Tenant to the Landlord under this Lease, howsoever such taxes become delinquent, official receipts of are characterized. The amount payable by the appropriate taxing authority or other evidence satisfactory to Landlord evidencing payment thereof. If Tenant should fail to pay any Taxes required to be paid by Tenant hereunder at least ten (10) days before such taxes become delinquent, in addition to any other remedies provided herein, Landlord may, if it so elects but with no obligation to do so, pay such Taxes. Any out-of-pocket sums expended by Landlord to pay such Taxes (including all penalties, interest and attorneys fees which have accrued due to Tenant's failure to pay) shall not be deemed to be Base Rent or Additional Rental owing Rent but the Landlord shall have all of the same rights and remedies for recovery of same as it has for recovery of Base Rent and Additional Rent hereunder. Whenever requested by the Landlord the Tenant will deliver to it receipts for payment of all taxes, rates, duties, levies and assessments payable by the Tenant hereof and furnish such other information in connection therewith as the Landlord may reasonably require. The Tenant shall have the right to contest at its own expense by appropriate legal proceedings, the validity of any tax, rate, including local improvement rates, assessment or other charges in respect of the Leased Premises or the use and shall be due and payableoccupancy thereof or any other part of the Building or the Lands by the Tenant, on written demand, together with interest thereon at provided the Default Rate from Tenant forthwith pays the date of such demand by Landlord same under protest to the date City of repayment in full Richmond Hill (the "CITY") or furnishes to the City sufficient security by Tenant. b. If at any time during bond or otherwise to ensure the Lease Term, and all extensions thereof, the present method payment of taxation shall be changed so that in lieu of the whole or any part of any Taxes levied, assessed or imposed on Premises, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the Rents received therefrom, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "Taxes" for the purposes hereofsame. There shall not be included within the term "Taxes" any income taxes, franchise taxes or other taxes imposed upon the general revenues of Landlord. c. Tenant may, at its sole cost and expense and in its own name or in the name of Landlord, dispute and contest any assessed values and any Taxes by appropriate proceedings diligently conducted in good faith. In the event that Tenant electsShould, as a result of such contestations, the pendency of any such protest, to not pay any amount of the Taxes prior payable hereunder by the Tenant be decreased as a result of such contestation or appeal, the Landlord hereby agrees to promptly reimburse the Tenant accordingly to the date on which same will become delinquentextent such overpaid amounts have been paid, then Tenant shall, prior to such delinquency date, and if requested by Landlord, deposit with Landlord the amount so contested and unpaid, together with an amount which is estimated by Landlord to be the penalties, interest and attorney's fees which will be owed if Tenant does not prevail. Landlord may waive the making of such deposit if it receives assurances reasonably satisfactory to Landlord that such Taxes, penalties, interest and attorney's fees will be paid in the amounts finally adjudicated as being owed. Tenant hereby indemnifies and holds Landlord harmless from any and all costs, damages, or expenses (including but not limited to penalties, interest and attorney's fees) in connection with any such proceedings. d. Taxes payable with respect when reimbursed to the Premises for the year in which the Commencement Date occurs, as well as those payable for the year in which the Lease Term expires, shall be prorated between Landlord and Tenant with Landlord being obligated to pay the taxes for those time periods which are not included in the Lease TermLandlord.

Tenant’s Tax Obligations. a. Commencing (a) Tenant agrees to pay all Real Estate Taxes (hereinafter defined) payable with respect to the Leased Premises and all improvements or any other structures or improvements from time to time located on the Commencement DateLeased Premises (collectively, Xxxxxx agrees to paythe “Improvements”) for each calendar year during the Term. “Real Estate Taxes” shall be all taxes and existing and future assessments, before they become delinquentgeneral and special, all taxes, assessments and governmental charges of any kind or nature whatsoever, which may be payable during each calendar year of the Term for the Leased Premises, the Improvements and nature whatsoever Tenant’s Property (hereinafter collectively referred to as "Taxes"defined), including without limitation, all (i) ----- lawfully levied or assessed against the Premises as well as those assessed against all personal property, furniture, ad valorem real property taxes and fixtures assessments (including installments of Tenant located on the Premises. Tenant shall furnish to Landlord, not later than fifteen (15) days before the date any such taxes become delinquent, official receipts of the appropriate taxing authority or other evidence satisfactory to Landlord evidencing payment thereof. If Tenant should fail to pay any Taxes special assessments required to be paid by Tenant hereunder at least ten (10) days before such taxes become delinquentduring the calendar year). Real Estate Taxes due and payable for 2001 and the last year of the Term shall be prorated. Tenant’s obligation to pay Real Estate Taxes, in addition to or any other remedies taxes or charges hereunder, shall in no event include Landlord’s general income taxes, inheritance, estate or gift taxes. Tenant shall have the right to contest any Real Estate Taxes, at Tenant’s cost (provided hereinLandlord shall cooperate with Tenant at no cost to Landlord), provided that no such contest shall defer or suspend Tenant’s payment of Real Estate Taxes pending the contest, but if by law it is necessary that such payment be suspended to preserve or protect Tenant’s contest, then the contest shall not be undertaken unless either: (a) there is first deposited with Landlord maya sum equal to the amount of the Real Estate Taxes, if it so elects but with no obligation penalty, interest and any costs that are the subject of the contest to do so, pay such Taxes. Any out-of-pocket sums expended be held by Landlord as indemnity to pay such Taxes taxes; or (including all penaltiesb) a bond or similar indemnity is posted with and accepted by the Governmental Authority assessing such taxes which shall operate to release the Leased Premises (and Landlord’s interest therein) from the lien of the Real Estate Taxes. (b) If the Leased Premises are not assessed as a separate parcel for tax purposes, interest and attorneys fees which have accrued due to Tenant's failure to pay) Landlord shall be deemed cause the Leased Premises to be Additional Rental owing assessed as a separate parcel for tax purposes, separate and apart from any adjoining property owned by Landlord, and to have the statements therefor delivered to Tenant at its address herein set forth. If such tax statements are delivered to Landlord and Landlord, Landlord, upon receipt of same but in any event prior to the due date for filing such returns, shall be due and payable, on written demand, together furnish Tenant with interest thereon at a true copy of the Default Rate tax statements from the date taxing authority. Tenant shall make timely payment of such demand by Landlord to the date of repayment in full by Tenant. b. If at any time during the Lease Term, and all extensions thereof, the present method of taxation shall be changed so that in lieu of the whole or any part of any Taxes levied, assessed or imposed on Premises, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the Rents received therefrom, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "Taxes" for the purposes hereof. There shall not be included within the term "Taxes" any income taxes, franchise taxes or other taxes imposed upon the general revenues of Landlord. c. Tenant may, at its sole cost and expense and in its own name or in the name of Landlord, dispute and contest any assessed values and any Taxes by appropriate proceedings diligently conducted in good faith. In the event that Tenant elects, as a result of the pendency of any such protest, to not pay any of the Real Estate Taxes prior to the date on which same will become delinquent, then Tenant shall, prior delinquency and shall furnish copies of paid receipts therefor (or other evidence of payment) to such delinquency date, and if requested by Landlord, deposit with Landlord the amount so contested and unpaid, together with an amount which is estimated by Landlord to be the penalties, interest and attorney's fees which will be owed if Tenant does not prevail. Landlord may waive the making of such deposit if it receives assurances reasonably satisfactory to Landlord that such Taxes, penalties, interest and attorney's fees will be paid in the amounts finally adjudicated as being owed. Tenant hereby indemnifies and holds Landlord harmless from any and all costs, damages, or expenses (including but not limited to penalties, interest and attorney's fees) in connection with any such proceedings. d. Taxes payable with respect to the Premises for the year in which the Commencement Date occurs, as well as those payable for the year in which the Lease Term expires, shall be prorated between Landlord and Tenant with Landlord being obligated to pay the taxes for those time periods which are not included in the Lease Term.

Tenant’s Tax Obligations. a. Commencing on the Rent Commencement Date, Xxxxxx Tenant agrees to pay, before they become delinquent, all taxes, assessments and governmental charges of any kind and nature whatsoever whatsoever, general or special, ordinary and extraordinary, foreseen and unforeseen (hereinafter collectively referred to as "“Taxes"”) ----- lawfully levied or assessed against the Premises as well as those assessed against all personal property, furniture, and fixtures of Tenant located on the Premises. Notwithstanding anything herein to the contrary, it is understood and agreed that Taxes shall include those certain taxes imposed against Landlord as a result of Texas House Xxxx 3 and sometimes hence referred to as the “margin tax” (herein so called) only to the extent that any such margin tax would be payable if the Premises (or revenue from the Premises, as applicable) were the only property (or revenue) of Landlord. Tenant shall furnish to Landlord, not later than fifteen (15) days before after the date any such taxes become delinquent, official receipts of the appropriate taxing authority or other evidence satisfactory to Landlord evidencing payment thereof. If Tenant should fail to pay any Taxes required to be paid by Tenant hereunder at least ten (10) days before such taxes become delinquenthereunder, in addition to any other remedies provided herein, Landlord may, if it so elects but with no obligation to do so, pay such Taxes. Any out-of-pocket sums expended by Landlord to pay such Taxes (including all penalties, interest and attorneys fees which have accrued due to Tenant's ’s failure to pay) shall be deemed to be Additional Rental Rent owing by Tenant to Landlord and shall be due and payable, on written demand, together with interest thereon at the Default Rate from the date of each such demand expenditure by Landlord to the date of repayment in full by Tenant. Taxes for the year in which the Lease Term expires shall be prorated between Landlord and Tenant with Tenant being obligated only for the Taxes which accrued during the Lease Term. b. If at any time during the Lease Term, and all extensions thereof, the present method of taxation shall be changed so that in lieu of the whole or any part of any Taxes levied, assessed or imposed on Premises, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the Rents received therefrom, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "“Taxes" ” for the purposes hereof. There shall not be included within the term "“Taxes" ” any income taxes, franchise taxes or other taxes imposed upon the general revenues of LandlordLandlord other than the margin tax to the extent set forth in subsection 7.a above. c. Tenant may, at its sole cost and expense and in its own name or in the name of Landlord, dispute and contest any assessed values and any Taxes by appropriate proceedings diligently conducted in good faith. Tenant shall give written notice to Landlord within ten (10) business days (meaning any day which is not a Saturday, Sunday or holiday on which national banks in Houston, Texas are authorized to be closed) after Tenant elects to dispute and contest any assessed values, and in any event not less than five (5) days prior to any scheduled hearing on such dispute and contest. In the event that Tenant elects, as a result of the pendency of any such protest, to not pay any of the Taxes prior to the date on which same will become delinquent, then Tenant shall, prior to such delinquency date, and if requested by Landlord, deposit with Landlord the amount so contested and unpaid, together with an amount which is estimated by Landlord to be the penalties, interest and attorney's ’s fees which will be owed if Tenant does not prevail. Landlord may waive the making of such deposit if it receives assurances reasonably satisfactory to Landlord that such Taxes, penalties, interest and attorney's ’s fees will be paid in the amounts finally adjudicated as being owed. Tenant hereby indemnifies and holds Landlord harmless from any and all costs, damages, or expenses (including but not limited to penalties, interest and attorney's ’s fees) in connection with any such proceedings. d. Taxes payable with respect to the Premises for the year in which the Commencement Date occurs, as well as those payable for the year in which the Lease Term expires, shall be prorated between Landlord and Tenant with Landlord being obligated to pay the taxes for those time periods which are not included in the Lease Term.

Tenant’s Tax Obligations. a. Commencing on The Tenant covenants with the Commencement Date, Xxxxxx agrees Landlord: (i) to pay, before they become delinquent, pay promptly when due to the taxing authority or authorities having jurisdiction all taxes, rates, duties, levies and assessments and governmental charges whatsoever, whether municipal, parliamentary or otherwise, levied, imposed or assessed in respect of any kind and nature whatsoever every business carried on by the Tenant, subtenants, licensees, or other occupants of the Leased Premises or in respect of the use or occupancy thereof (hereinafter collectively referred including licence fees); and (ii) to as "Taxes"pay promptly to the Landlord when demanded or otherwise due hereunder: (1) ----- lawfully levied all Taxes charged in respect of all Leasehold Improvements and trade fixtures and all furniture and equipment made, owned or assessed against installed by or on behalf of the Tenant in the Leased Premises as well Additional Rent; (2) if by reason of the act, election or religion of the Tenant or any subtenant, licensee or occupant of the Leased Premises, the Leased Premises or any part of them shall be assessed for the support of Separate Schools, the amount by which the Taxes so payable exceed those which would have been payable if the Leased Premises had been assessed for the support of Public Schools; and (3) the Tenant's Proportionate Share of Taxes as those assessed against all personal propertyAdditional Rent in the manner stipulated herein. (iii) notwithstanding any other provisions of this Lease to the contrary, furniture, and fixtures of Tenant located on the Premises. Tenant shall furnish pay to the Landlord, not later than fifteen (15) days before at such times and in such manner as the date Landlord may direct, without duplication, an amount equal to all goods and service taxes, sales taxes, value-added taxes or any other taxes imposed with respect to Base Rent, Additional Rent or other amounts payable by the Tenant to the Landlord under this Lease, howsoever such taxes become delinquent, official receipts of are characterized. The amount payable by the appropriate taxing authority or other evidence satisfactory to Landlord evidencing payment thereof. If Tenant should fail to pay any Taxes required to be paid by Tenant hereunder at least ten (10) days before such taxes become delinquent, in addition to any other remedies provided herein, Landlord may, if it so elects but with no obligation to do so, pay such Taxes. Any out-of-pocket sums expended by Landlord to pay such Taxes (including all penalties, interest and attorneys fees which have accrued due to Tenant's failure to pay) shall not be deemed to be Base Rent or Additional Rental owing by Tenant to Rent but the Landlord and shall be due and payable, on written demand, together with interest thereon at the Default Rate from the date of such demand by Landlord to the date of repayment in full by Tenant. b. If at any time during the Lease Term, and have all extensions thereof, the present method of taxation shall be changed so that in lieu of the whole or any part same rights and remedies for recovery of any Taxes levied, assessed or imposed on Premises, there shall be levied, assessed or imposed on same as it has for recovery of Base Rent and Additional Rent hereunder. Whenever requested by the Landlord a capital levy or other tax directly on the Rents received therefrom, then Tenant will deliver to it receipts for payment of all such taxes, assessmentsrates, duties, levies or charges, or and assessments payable by the part thereof so measured or based, shall be deemed to be included within Tenant hereof and furnish such other information in connection therewith as the term "Taxes" for the purposes hereof. There shall not be included within the term "Taxes" any income taxes, franchise taxes or other taxes imposed upon the general revenues of Landlord. c. Tenant may, at its sole cost and expense and in its own name or in the name of Landlord, dispute and contest any assessed values and any Taxes by appropriate proceedings diligently conducted in good faith. In the event that Tenant elects, as a result of the pendency of any such protest, to not pay any of the Taxes prior to the date on which same will become delinquent, then Tenant shall, prior to such delinquency date, and if requested by Landlord, deposit with Landlord the amount so contested and unpaid, together with an amount which is estimated by Landlord to be the penalties, interest and attorney's fees which will be owed if Tenant does not prevail. Landlord may waive the making of such deposit if it receives assurances reasonably satisfactory to Landlord that such Taxes, penalties, interest and attorney's fees will be paid in the amounts finally adjudicated as being owed. Tenant hereby indemnifies and holds Landlord harmless from any and all costs, damages, or expenses (including but not limited to penalties, interest and attorney's fees) in connection with any such proceedingsrequire. d. Taxes payable with respect to the Premises for the year in which the Commencement Date occurs, as well as those payable for the year in which the Lease Term expires, shall be prorated between Landlord and Tenant with Landlord being obligated to pay the taxes for those time periods which are not included in the Lease Term.

Tenant’s Tax Obligations. a. Commencing (a) Tenant agrees to pay all Real Estate Taxes (hereinafter defined) payable with respect to the Leased Premises and all improvements or any other structures or improvements from time to time located on the Commencement DateLeased Premises (collectively, Xxxxxx agrees to paythe “Improvements”) for each calendar year during the Term. “Real Estate Taxes” shall be all taxes and existing and future assessments, before they become delinquentgeneral and special, all taxes, assessments and governmental charges of any kind or nature whatsoever, which may be payable during each calendar year of the Term for the Leased Premises, the Improvements and nature whatsoever Tenant’s Property (hereinafter collectively referred to as "Taxes"defined), including without limitation, all (i) ----- lawfully levied or assessed against the Premises as well as those assessed against all personal property, furniture, ad valorem real property taxes and fixtures assessments (including installments of Tenant located on the Premises. Tenant shall furnish to Landlord, not later than fifteen (15) days before the date any such taxes become delinquent, official receipts of the appropriate taxing authority or other evidence satisfactory to Landlord evidencing payment thereof. If Tenant should fail to pay any Taxes special assessments required to be paid by Tenant hereunder at least ten (10) days before such taxes become delinquentduring the calendar year). Real Estate Taxes due and payable for 2001 and the last year of the Term shall be prorated. Tenant’s obligation to pay Real Estate Taxes, in addition to or any other remedies taxes or charges hereunder, shall in no event include Landlord’s general income taxes, inheritance, estate or gift taxes. Tenant shall have the right to contest any Real Estate Taxes, at Tenant’s cost (provided hereinLandlord shall cooperate with Tenant at no cost to Landlord), provided that no such contest shall defer or suspend Tenant’s payment of Real Estate Taxes pending the contest, but if by law it is necessary that such payment be suspended to preserve or protect Tenant’s contest, then the contest shall not be undertaken unless either: (a) there is first deposited with Landlord maya sum equal to the amount of the Real Estate Taxes, if it so elects but with no obligation penalty, interest and any costs that are the subject of the contest to do so, pay such Taxes. Any out-of-pocket sums expended be held by Landlord as indemnity to pay such Taxes taxes; or (including all penalties, b) a bond or similar indemnity is posted with and accepted by the Governmental Authority assessing such taxes which shall operate to release the Leased Premises (and Landlord’s interest and attorneys fees which have accrued due to Tenant's failure to paytherein) shall be deemed to be Additional Rental owing by Tenant to Landlord and shall be due and payable, on written demand, together with interest thereon at the Default Rate from the date of such demand by Landlord to the date of repayment in full by Tenant. b. If at any time during the Lease Term, and all extensions thereof, the present method of taxation shall be changed so that in lieu lien of the whole or any part of any Taxes levied, assessed or imposed on Premises, there shall be levied, assessed or imposed on Landlord a capital levy or other tax directly on the Rents received therefrom, then all such taxes, assessments, levies or charges, or the part thereof so measured or based, shall be deemed to be included within the term "Real Estate Taxes" for the purposes hereof. There shall not be included within the term "Taxes" any income taxes, franchise taxes or other taxes imposed upon the general revenues of Landlord. c. Tenant may, at its sole cost and expense and in its own name or in the name of Landlord, dispute and contest any assessed values and any Taxes by appropriate proceedings diligently conducted in good faith. In the event that Tenant elects, as a result of the pendency of any such protest, to not pay any of the Taxes prior to the date on which same will become delinquent, then Tenant shall, prior to such delinquency date, and if requested by Landlord, deposit with Landlord the amount so contested and unpaid, together with an amount which is estimated by Landlord to be the penalties, interest and attorney's fees which will be owed if Tenant does not prevail. Landlord may waive the making of such deposit if it receives assurances reasonably satisfactory to Landlord that such Taxes, penalties, interest and attorney's fees will be paid in the amounts finally adjudicated as being owed. Tenant hereby indemnifies and holds Landlord harmless from any and all costs, damages, or expenses (including but not limited to penalties, interest and attorney's fees) in connection with any such proceedings. d. Taxes payable with respect to the Premises for the year in which the Commencement Date occurs, as well as those payable for the year in which the Lease Term expires, shall be prorated between Landlord and Tenant with Landlord being obligated to pay the taxes for those time periods which are not included in the Lease Term.