Common use of Tenant’s Tax Obligations Clause in Contracts

Tenant’s Tax Obligations. Tenant agrees to pay to Landlord its proportionate share of all Real Estate Taxes for each calendar year during the Term in accordance with Section 9.6 hereof and in the manner as set forth below. Tenant’s proportionate share shall be equal to the product obtained by multiplying all Real Estate Taxes by a fraction, the numerator of which shall be the number of RSF (as defined in Section 30.17 below) in the Premises, and the denominator of which shall be the total number of RSF of the gross leased and occupied Floor Area (as defined in Section 30.17 below) in the Center, which may change from time to time (“Tenant’s Share”). Initially, Tenant’s Share shall be the percentage specified in Section 1.14 hereof. At Landlord’s option, the Real Estate Taxes relating to any buildings in the Center (and any land appurtenant thereto) that are separately assessed may be excluded from “Real Estate Taxes” hereunder and in such event, the gross leased and occupied RSF Floor Area of such separately assessed building(s) shall not be included in the denominator of such fraction. For purposes of this Section 5.2, the gross leased and occupied RSF Floor Area in effect for the whole of any calendar year or partial calendar year during the Term of the Lease shall be the average of the occupied Floor Area in effect on the first (1st) day of each calendar month in such calendar year or partial calendar year during the Term of the Lease. Tenant’s Share of Real Estate Taxes levied or assessed for or during the Term, as determined by Landlord, shall be paid in monthly installments on or before the first (1st) day of each calendar month, in advance, in an amount estimated by Landlord. If Landlord is required under any mortgage covering the Center to escrow Real Estate Taxes, Landlord may, but shall not be obligated to, use the amount required to be so escrowed as a basis for its estimate of the monthly installments due from Tenant hereunder. Upon receipt of all tax bills and assessment bills or in the event filing or returns is required, prior to the due date for filing such returns, attributable to any calendar year during the Term hereof, Landlord shall furnish Tenant with a written statement of the actual amount of Tenant’s Share of Real Estate Taxes for such year. If no tax xxxx is available, Landlord will compute the amount of such tax. If the total amount paid by Tenant under this Section 5.2 for any calendar year during the Term of this Lease shall be less than the actual amount due from Tenant for such year, as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after demand therefor by Landlord. If the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. All amounts due hereunder shall be payable to Landlord hereunder at the place where the Minimum Annual Rent is payable. For the calendar years in which this Lease commences and terminates, the Tenant’s liability under this Section 5.2 shall be subject to a pro rata adjustment based on the number of days of said calendar years during which the Term of this Lease is in effect. A copy of tax xxxx or assessment xxxx submitted by Landlord to Tenant shall at all times be sufficient evidence of the amount of Real Estate Taxes assessed or levied against the Center or portion thereof to which such xxxx or return relates. Prior to or at the Commencement Date and from time to time thereafter throughout the Term hereof, Landlord shall notify Tenant in writing of Landlord’s estimate of Tenant’s monthly installments due hereunder. Landlord’s and Tenant’s obligation under this Section 5.2 shall survive the expiration of the Term of this Lease.

Tenant’s Tax Obligations. Tenant a. Commencing on the Commencement Date, Xxxxxx agrees to pay to Landlord its proportionate share of pay, before they become delinquent, all Real Estate Taxes for each calendar year during the Term in accordance with Section 9.6 hereof taxes, assessments and in the manner as set forth below. Tenant’s proportionate share shall be equal to the product obtained by multiplying all Real Estate Taxes by a fraction, the numerator of which shall be the number of RSF (as defined in Section 30.17 below) in the Premises, and the denominator of which shall be the total number of RSF of the gross leased and occupied Floor Area (as defined in Section 30.17 below) in the Center, which may change from time to time (“Tenant’s Share”). Initially, Tenant’s Share shall be the percentage specified in Section 1.14 hereof. At Landlord’s option, the Real Estate Taxes relating to any buildings in the Center (and any land appurtenant thereto) that are separately assessed may be excluded from “Real Estate Taxes” hereunder and in such event, the gross leased and occupied RSF Floor Area of such separately assessed building(s) shall not be included in the denominator of such fraction. For purposes of this Section 5.2, the gross leased and occupied RSF Floor Area in effect for the whole governmental charges of any calendar year or partial calendar year during the Term of the Lease shall be the average of the occupied Floor Area in effect on the first kind and nature whatsoever (1sthereinafter collectively referred to as "Taxes") day of each calendar month in such calendar year or partial calendar year during the Term of the Lease. Tenant’s Share of Real Estate Taxes ----- lawfully levied or assessed for or during against the TermPremises as well as those assessed against all personal property, as determined by furniture, and fixtures of Tenant located on the Premises. Tenant shall furnish to Landlord, shall be paid in monthly installments on or not later than fifteen (15) days before the first (1st) day date any such taxes become delinquent, official receipts of each calendar month, in advance, in an amount estimated by Landlordthe appropriate taxing authority or other evidence satisfactory to Landlord evidencing payment thereof. If Landlord is required under Tenant should fail to pay any mortgage covering the Center to escrow Real Estate Taxes, Landlord may, but shall not be obligated to, use the amount Taxes required to be so escrowed as a basis for its estimate of the monthly installments due from Tenant hereunder. Upon receipt of all tax bills and assessment bills or in the event filing or returns is required, prior to the due date for filing such returns, attributable to any calendar year during the Term hereof, Landlord shall furnish Tenant with a written statement of the actual amount of Tenant’s Share of Real Estate Taxes for such year. If no tax xxxx is available, Landlord will compute the amount of such tax. If the total amount paid by Tenant under this Section 5.2 for any calendar year during the Term of this Lease shall be less than the actual amount due from Tenant for such year, as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within hereunder at least ten (10) days after demand therefor 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. If the total amount paid by Tenant hereunder for any Landlord to pay such calendar year shall exceed such actual amount Taxes (including all penalties, interest and attorneys fees which have accrued due from Tenant for such calendar year, such excess to Tenant's failure to pay) shall be credited against the next installment of Real Estate Taxes due from deemed to be Additional Rental owing by Tenant to Landlord hereunder. All amounts due hereunder and shall be payable to Landlord hereunder due and payable, on written demand, together with interest thereon at the place where Default Rate from the Minimum Annual Rent is payable. For the calendar years in which this Lease commences and terminates, the Tenant’s liability under this Section 5.2 shall be subject to a pro rata adjustment based on the number date of days of said calendar years during which the Term of this Lease is in effect. A copy of tax xxxx or assessment xxxx submitted such demand by Landlord to Tenant shall at all times be sufficient evidence the date of the amount of Real Estate Taxes assessed or levied against the Center or portion thereof to which such xxxx or return relates. Prior to or at the Commencement Date and from time to time thereafter throughout the Term hereof, Landlord shall notify Tenant repayment in writing of Landlord’s estimate of full by Tenant’s monthly installments due hereunder. Landlord’s and Tenant’s obligation under this Section 5.2 shall survive the expiration of the Term of this Lease.

Tenant’s Tax Obligations. a. Commencing on the Rent Commencement Date, Tenant agrees to pay pay, before they become delinquent, all taxes, assessments and governmental charges of any kind and nature whatsoever, general or special, ordinary and extraordinary, foreseen and unforeseen (hereinafter collectively referred to Landlord its proportionate share as “Taxes”) lawfully levied or assessed against the Premises as well as those assessed against all personal property, furniture, and fixtures of all Real Estate Taxes for each calendar year during Tenant located on the Term in accordance with Section 9.6 hereof and in the manner as set forth belowPremises. Tenant’s proportionate share shall be equal Notwithstanding anything herein to the product obtained by multiplying all Real Estate contrary, it is understood and agreed that Taxes by shall include those certain taxes imposed against Landlord as a fraction, result of Texas House Xxxx 3 and sometimes hence referred to as the numerator of which shall “margin tax” (herein so called) only to the extent that any such margin tax would be payable if the number of RSF Premises (as defined in Section 30.17 below) in or revenue from the Premises, and as applicable) were the denominator only property (or revenue) of which Landlord. Tenant shall be furnish to Landlord, not later than fifteen (15) days after the total number of RSF date any such taxes become delinquent, official receipts of the gross leased and occupied Floor Area (as defined 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, in Section 30.17 below) in the Center, which may change from time to time (“Tenant’s Share”). Initially, Tenant’s Share shall be the percentage specified in Section 1.14 hereof. At Landlord’s option, the Real Estate Taxes relating addition to any buildings in the Center (and any land appurtenant thereto) that are separately assessed may be excluded from “Real Estate Taxes” hereunder and in such event, the gross leased and occupied RSF Floor Area of such separately assessed building(s) shall not be included in the denominator of such fraction. For purposes of this Section 5.2, the gross leased and occupied RSF Floor Area in effect for the whole of any calendar year or partial calendar year during the Term of the Lease shall be the average of the occupied Floor Area in effect on the first (1st) day of each calendar month in such calendar year or partial calendar year during the Term of the Lease. Tenant’s Share of Real Estate Taxes levied or assessed for or during the Term, as determined by Landlord, shall be paid in monthly installments on or before the first (1st) day of each calendar month, in advance, in an amount estimated by Landlord. If Landlord is required under any mortgage covering the Center to escrow Real Estate Taxesother 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 obligated to, use the amount required deemed to be so escrowed as a basis for its estimate of the monthly installments due from Tenant hereunder. Upon receipt of all tax bills and assessment bills or in the event filing or returns is required, prior to the due date for filing such returns, attributable to any calendar year during the Term hereof, Landlord shall furnish Tenant with a written statement of the actual amount of Tenant’s Share of Real Estate Taxes for such year. If no tax xxxx is available, Landlord will compute the amount of such tax. If the total amount paid Additional Rent owing by Tenant under this Section 5.2 for any calendar year during the Term of this Lease shall be less than the actual amount due from Tenant for such year, as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after demand therefor by Landlord. If the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. All amounts due hereunder and shall be payable to Landlord hereunder due and payable, on demand, together with interest thereon at the place where Default Rate from the Minimum Annual Rent is payable. For the calendar years in which this Lease commences and terminates, the Tenant’s liability under this Section 5.2 shall be subject to a pro rata adjustment based on the number date of days of said calendar years during which the Term of this Lease is in effect. A copy of tax xxxx or assessment xxxx submitted each such expenditure by Landlord to the date of repayment by Tenant. Taxes for the year in which the Lease Term expires shall be prorated between Landlord and Tenant shall at all times be sufficient evidence of with Tenant being obligated only for the amount of Real Estate Taxes assessed or levied against which accrued during the Center or portion thereof to which such xxxx or return relates. Prior to or at the Commencement Date and from time to time thereafter throughout the Term hereof, Landlord shall notify Tenant in writing of Landlord’s estimate of Tenant’s monthly installments due hereunder. Landlord’s and Tenant’s obligation under this Section 5.2 shall survive the expiration of the Term of this LeaseLease Term.

Tenant’s Tax Obligations. (a) Tenant agrees to pay to Landlord its proportionate share of 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 Leased Premises (collectively, the “Improvements”) for each calendar year during the Term in accordance with Section 9.6 hereof and in the manner as set forth belowTerm. Tenant’s proportionate share shall be equal to the product obtained by multiplying all Real Estate Taxes by a fraction, the numerator of which shall be the number of RSF (as defined in Section 30.17 below) in the Premises, and the denominator of which shall be the total number of RSF of the gross leased and occupied Floor Area (as defined in Section 30.17 below) in the Center, which may change from time to time (“Tenant’s Share”). Initially, Tenant’s Share shall be the percentage specified in Section 1.14 hereof. At Landlord’s option, the Real Estate Taxes relating to any buildings in the Center (and any land appurtenant thereto) that are separately assessed may be excluded from “Real Estate Taxes” hereunder shall be all taxes and in such eventexisting and future assessments, general and special, 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 gross leased Improvements and occupied RSF Floor Area Tenant’s Property (hereinafter defined), including without limitation, all (i) ad valorem real property taxes and assessments (including installments of such separately assessed building(s) shall not special assessments required to be included in the denominator of such fraction. For purposes of this Section 5.2, the gross leased and occupied RSF Floor Area in effect for the whole of any calendar year or partial calendar year paid during the Term calendar year). Real Estate Taxes due and payable for 2001 and the last year of the Lease Term shall be the average of the occupied Floor Area in effect on the first (1st) day of each calendar month in such calendar year or partial calendar year during the Term of the Leaseprorated. Tenant’s Share obligation to pay Real Estate Taxes, or any other 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 Landlord 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 levied pending the contest, but if by law it is necessary that such payment be suspended to preserve or assessed for or during protect Tenant’s contest, then the Term, as determined by Landlord, contest shall not be paid in monthly installments on or before undertaken unless either: (a) there is first deposited with Landlord a sum equal to the first (1st) day amount of each calendar month, in advance, in an amount estimated by Landlord. If Landlord is required under any mortgage covering the Center to escrow Real Estate Taxes, Landlord maypenalty, but shall not be obligated to, use interest and any costs that are the amount required subject of the contest to be so escrowed held by Landlord as indemnity to pay such taxes; or (b) a basis for its estimate 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 monthly installments due from Tenant hereunder. Upon receipt of all tax bills and assessment bills or in the event filing or returns is required, prior to the due date for filing such returns, attributable to any calendar year during the Term hereof, Landlord shall furnish Tenant with a written statement of the actual amount of Tenant’s Share of Real Estate Taxes for such year. If no tax xxxx is available, Landlord will compute the amount of such tax. If the total amount paid by Tenant under this Section 5.2 for any calendar year during the Term of this Lease shall be less than the actual amount due from Tenant for such year, as shown on such statement, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due within ten (10) days after demand therefor by Landlord. If the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for such calendar year, such excess shall be credited against the next installment of Real Estate Taxes due from Tenant to Landlord hereunder. All amounts due hereunder shall be payable to Landlord hereunder at the place where the Minimum Annual Rent is payable. For the calendar years in which this Lease commences and terminates, the Tenant’s liability under this Section 5.2 shall be subject to a pro rata adjustment based on the number of days of said calendar years during which the Term of this Lease is in effect. A copy of tax xxxx or assessment xxxx submitted by Landlord to Tenant shall at all times be sufficient evidence of the amount of Real Estate Taxes assessed or levied against the Center or portion thereof to which such xxxx or return relates. Prior to or at the Commencement Date and from time to time thereafter throughout the Term hereof, Landlord shall notify Tenant in writing of Landlord’s estimate of Tenant’s monthly installments due hereunder. Landlord’s and Tenant’s obligation under this Section 5.2 shall survive the expiration of the Term of this LeaseTaxes.