TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) all taxes, assessments, license fees and other governmental charges or impositions levied or assessed against or with respect to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, (b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursement.
Appears in 2 contracts
Samples: Office Lease Agreement (Rain Therapeutics Inc.), Office Lease Agreement (Rain Therapeutics Inc.)
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) Tenant shall pay before the Property Taxes become delinquent, all Property Taxes levied or assessed against the Leased Premises during each calendar year of the Term and the Renewal Term (hereinafter defined), if any, of this Lease.
(b) Tenant shall pay all ad valorem and other taxes, assessments, impositions or charges levied upon or applicable to any of Tenant's goods, equipment, wares, fixtures, Trade Fixtures (hereinafter defined), furniture, furnishings, machinery and other property (personal or otherwise) now or hereafter placed in, upon or about the Leased Premises (collectively "Tenant's Property") and all license and other fees or charges imposed on the business conducted by Tenant on the Leased Premises before such taxes, assessments, charges, licenses or fees become delinquent.
(c) Upon request by Landlord, Tenant will furnish Landlord annually official tax receipts and other official receipts showing payment of all such taxes, assessments, fees and other governmental charges or impositions levied or assessed against or charges. If Landlord shall be required to pay a higher tax with respect to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, (b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost Leased Premises as a result of Tenant’s (i) personal property's leasehold improvements, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. then Tenant shall pay any Rental Tax to Landlord the taxing authorities before delinquency, the amount of the increase in addition such tax. The payment to be made by Tenant for the year in which this Lease commences and at terminates shall bear the same time ratio to the payment which would be required to be made for the full tax year as Base Rent is payable under the number of months of such tax year which elapsed after commencement or prior to termination of this Lease, and shall pay all other whichever is applicable, bears to a full tax year. Upon request by Tenant’s Taxes before delinquency (and, at Landlord’s request, Landlord shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, to Tenant shall reimburse Landlord all tax statements from all taxing authorities within ten (10) business days after notice for the amount of Landlord receiving such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementtax statements.
Appears in 2 contracts
Samples: Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)
TENANT'S TAXES. “Tenant’s Taxes” The Tenant shall mean pay every tax which is payable in respect of the Term upon or on account of:
(a) all taxesoperations at, assessments, license fees and other governmental charges occupancy of or impositions levied conduct of business in or assessed against from the Leased Premises by or with respect to the permission of the Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, ,
(b) all rental, excise, sales fixtures or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by improvements in the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant Leased Premises which do not belong to the terms of this Lease (the “Rental Tax”), Landlord,
(c) any Taxes attributable the rent paid or payable by the Tenant to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to Landlord for the extent that the cost or value of such other Alterations made in or to the Leased Premises or for the Building by use and occupancy of all or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and any part thereof,
(d) all Taxes separately allocable All business taxes or any similar tax which may become payable by the Tenant or the Landlord on behalf of the Tenant (which if paid by the landlord shall be reimbursed by the Tenant to the Premises. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice of receipt of an invoice by the Tenant from the Landlord therefore.
(e) the Proportionate Share of Tax Escalation for the amount of such payment, and Leased Premises ; provided that if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s Landlord so elects by notice to the date Tenant, the Tenant shall add any amounts payable under this Article 8.02 with the monthly instalments of Tenant’s reimbursement.Annual Rent payable under Article 4.01 and the Landlord shall remit such amounts to the appropriate authorities,
(f) despite any other section or clause of this Lease, the Tenant shall pay to the Landlord an amount equal to any and all goods and services taxes, sales taxes, value added taxes, business transfer taxes, or any other taxes imposed on the Landlord with respect to Rent payable by the Tenant to the Landlord under this Lease, or in respect of the rental of space under this Lease, whether characterized as a goods and services tax, sales tax, value added tax, business transfer tax, or otherwise (herein call “Sales Taxes”), it being the intention of the parties that the Landlord shall be fully reimbursed by the Tenant with respect to any and all Sales Taxes at the full tax rate applicable from time to time in respect of the Rent or the rental of space, without reference to any tax credits available to the Landlord. The amount of the Sales Taxes so payable by the Tenant shall be calculated by the Landlord in accordance with the applicable legislation and shall be paid to the Landlord at the same time as the amounts to which such Sales Taxes apply are payable to the Landlord under the terms of this Lease or upon demand at such other time or times as the Landlord from time to time
Appears in 1 contract
Samples: Lease (Pivotal Corp)
TENANT'S TAXES. The term “Tenant’s Taxes” shall mean means: (a) all taxes, assessments, license fees and other governmental charges or impositions levied or assessed against or with respect to Tenant’s personal property or Trade Fixtures trade fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, ; (b) all rentalany increase in Taxes attributable to Tenant’s personal property, excise, sales trade fixtures or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), Alterations; (c) any Taxes attributable to the rent tax, gross receipts tax, sales or use tax, service tax, value added tax, or cost of Tenantany other tax based on Landlord’s (i) personal propertyreceipt, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such other Alterations made in or to the Premises or the Building payment by Tenant, of any Rent or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), other amount; and (d) all Taxes separately allocable taxes assessed upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises. Tenant shall pay any Rental Tax is responsible for 100% of all of Tenant’s Taxes, without regard to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and increase over a base year. Tenant shall pay all other of Tenant’s Taxes before at least ten (10) days prior to delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes any such taxes are chargeable or any portion thereofassessed against Landlord, such taxes shall be due and payable by Tenant shall reimburse Landlord within (i) no later than ten (10) business days after notice Landlord’s invoice to Tenant or (ii) upon such recurring schedule (whether monthly or otherwise) as may be established by Landlord. All such amounts are due and payable by Tenant. If it shall not be lawful for Tenant to so reimburse Landlord for such taxes, then the Base Rent payable to Landlord under this Lease shall be revised to net to Landlord the same amount after imposition of any such tax upon Landlord as would have been received by Landlord under this Lease prior to the imposition of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementtax.
Appears in 1 contract
Samples: Industrial Gross Lease (Gores Metropoulos II, Inc.)
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) Tenant shall be liable for and shall pay at least ten (10) days before delinquency and Tenant hereby agrees to indemnify and hold Landlord harmless from and against any liability in connection with, all taxestaxes levied against any personal property, assessmentsfixtures, license fees machinery, equipment, apparatus, systems and other governmental charges appurtenances placed by or impositions on behalf of Tenant in or about or utilized by Tenant in, upon or in connection with the Premises ("Equipment Taxes"). If any Equipment Taxes are levied against Landlord or Landlord's property or if the assessed against value of Landlord's property is increased by the inclusion therein of a value placed upon such personal property, fixtures, machinery, equipment, apparatus, systems or with respect appurtenances of Tenant, and if Landlord, after written notice to Tenant’s personal property , pays the Equipment Taxes or Trade Fixtures in taxes based upon such an increased assessment (which Landlord shall have the Premisesright to do regardless of the validity of such levy, whether any but under proper protest if requested by Tenant prior to such imposition payment and if payment under protest is levied directly against permissible), Tenant or shall pay to Landlord upon demand, as Additional Rent hereunder, the taxes so levied against Landlord or the Propertyproportion of such taxes resulting from such increase in the assessment; provided, however, that in any such event, Tenant shall have the right, on behalf of Landlord and with Landlord's full cooperation, but at no cost to Landlord, to bring suit in any court of competent jurisdiction to recover the amount of any such tax so paid under protest, and any amount so recovered shall belong to Tenant (provided Tenant has previously paid such amount to Landlord). Notwithstanding the foregoing to the contrary, Tenant shall cooperate with Landlord to the extent reasonable necessary to cause the fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of which the Premises form a part, and Landlord shall use reasonable efforts to treat all other Tenants on the same basis.
(b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. Tenant shall pay to Landlord, as Additional Rent, any Rental Tax to excise, sales, privilege, gross receipts or other tax, assessment or other charge (other than income or franchise taxes) imposed, assessed or levied by any governmental or quasi-governmental authority or agency upon Landlord in addition to and at the same time as Base Rent is payable under on account of this Lease, the rent or other payments made by Tenant hereunder, any other benefit received by Landlord hereunder, Landlord's business as a lessor hereunder, or other in respect of or as a result of the agreement or relationship of Landlord and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementhereunder.
Appears in 1 contract
Samples: Office Building Lease (Webb Interactive Services Inc)
TENANT'S TAXES. “Tenant will pay, before delinquency, all taxes assessed or levied upon its occupancy of the Premises, or upon Tenant’s Taxes” shall mean 's leasehold improvements, trade fixtures, furnishings, equipment, or other personal property of Tenant located on the Premises, and any other taxes (including, without limitation, sales taxes and employee withholding taxes) which, if unpaid, could become a lien or charge against any such property and are not paid by Tenant as Taxes pursuant to Section 3.2. When possible, Tenant will cause such leasehold improvements, trade fixtures, furnishings, equipment, or other personal property to be assessed and billed separately from the property of Landlord. Tenant will reimburse Landlord upon demand for any and all such taxes billed to and paid by Landlord if Landlord is charged such taxes due to (a) all taxes, assessments, license fees and other governmental charges or impositions levied or assessed against or with respect to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, (b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such Tenant's equipment, furniture, fixtures and other Alterations made personal property located in the Premises; (b) upon or measured by Rent; (c) upon or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion of the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), Premises; and (d) all Taxes separately allocable upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises. If it is not lawful for Tenant shall pay any Rental Tax to reimburse Landlord, the Base Rent payable to Landlord in addition under this Lease will be revised to and at yield to Landlord the same time net rental after the imposition of any such tax upon Landlord as Base Rent is would have been payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish to Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice prior to the date imposition of Tenant’s reimbursementany such tax.
Appears in 1 contract
Samples: Lease Agreement (Ilx Lightwave Corp)
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) Tenant shall be liable for and shall pay at least ten (10) days before delinquency and Tenant hereby agrees to indemnify and hold Landlord harmless from and against any liability in connection with, all taxestaxes levied against any personal property, assessmentsfixtures, license fees machinery, equipment, apparatus, systems and other governmental charges appurtenances placed by or impositions on behalf of Tenant in or about or utilized by Tenant in, upon or in connection with the Premises (“Equipment Taxes”). If any Equipment Taxes are levied against Landlord or Landlord’s property or if the assessed against value of Landlord’s property is increased by the inclusion therein of a value placed upon such personal property, fixtures, machinery, equipment, apparatus, systems or with respect appurtenances of Tenant, and if Landlord, after written notice to Tenant’s personal property , pays the Equipment Taxes or Trade Fixtures in taxes based upon such an increased assessment (which Landlord shall have the Premisesright to do regardless of the validity of such levy, whether any but under proper protest if requested by Tenant prior to such imposition payment and if payment under protest is levied directly against permissible), Tenant or shall pay to Landlord upon demand, as Additional Rent hereunder, the taxes so levied against Landlord or the Propertyproportion of such taxes resulting from such increase in the assessment; provided, however, that in any such event, Tenant shall have the right, on behalf of Landlord and with Landlord’s full cooperation, but at no cost to Landlord, to bring suit in any court of competent jurisdiction to recover the amount of any such tax so paid under protest, and any amount so recovered shall belong to Tenant (provided Tenant has previously paid such amount to Landlord). Notwithstanding the foregoing to the contrary, Tenant shall cooperate with Landlord to the extent reasonable necessary to cause the fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of which the Premises form a part, and Landlord shall use reasonable efforts to treat all other Tenants on the same basis.
(b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. Tenant shall pay to Landlord, as Additional Rent, any Rental Tax to excise, sales, privilege, gross receipts or other tax, assessment or other charge (other than income or franchise taxes) Imposed, assessed or levied by any governmental or quasi-governmental authority or agency upon Landlord in addition to and at the same time as Base Rent is payable under on account of this Lease, and shall pay all the rent or other Tenant’s Taxes before delinquency (andpayments made by Tenant hereunder, at any other benefit received by Landlord hereunder, Landlord’s requestbusiness as a lessor hereunder, shall furnish or other in respect of or as a result of the agreement or relationship of Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, and Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementhereunder.
Appears in 1 contract
Samples: Lease Agreement (Zynex Inc)
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) To promptly pay the Tenant's Taxes when due. The Tenant shall be liable to pay the Tenant's Taxes for any period falling wholly or partially within the Term.
(b) If the Landlord is required by lawful authority to pay the Tenant's Taxes or considers it advisable to pay the Tenant's Taxes which the Tenant fails or neglects to pay, all taxes, assessments, license fees moneys so paid by the Landlord shall be to the Tenant's account and other governmental charges or impositions levied or assessed against or with respect the Tenant shall forthwith pay the amount thereof to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Propertytaxing authority as the Landlord may direct, (b) and all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured amounts so paid by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), shall constitute Additional Rent forthwith payable.
(c) any Taxes attributable The Tenant further covenants and agrees that upon the written request of the Landlord the Tenant will promptly deliver to the value Landlord for inspection receipts for payment of all such taxes, fees, assessments or cost of Tenant’s (i) personal propertyother charges payable by the Tenant under this Article 5.02 which were due and payable prior to such request, (ii) Trade Fixtures, and/or (iii) Alterations (and in any event will furnish to the extent that Landlord, if requested by the cost or value Landlord, evidence of such other Alterations made in or payments satisfactory to the Premises or Landlord before the Building by or 21st day of January in each year, covering payments for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and preceding year.
(d) all Taxes separately allocable to The Tenant will indemnify and keep indemnified the Premises. Tenant shall pay any Rental Tax to Landlord in addition to respect of all loss, costs, charges and at expenses occasioned by or arising from all such Tenant's Taxes and any loss, costs, charges and expenses so suffered by the same time as Base Landlord shall constitute Additional Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementforthwith payable.
Appears in 1 contract
Samples: Lease (Alttech Ventures Corp)
TENANT'S TAXES. “Tenant’s Taxes” Tenant shall mean be liable for and shall pay directly any tax (anow or hereafter imposed by any governmental entity) all taxesapplicable to or measured by or on the rents or any other charges payable by Tenant under this Lease, assessmentsincluding, license fees and other governmental charges but not limited to, any transaction privilege tax, gross receipts tax or impositions levied or assessed against or excise tax with respect to the payment or receipt of such rent or other charges or the possession, leasing, operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes (collectively “Rent and Other Taxes”). Any such Rent and Other Taxes that accrue during the Lease Term which are paid by Landlord shall be Tenant’s responsibility and shall be promptly reimbursed by Tenant to Landlord as additional rental hereunder upon demand. In the event that said Rental and Other Taxes relate to more than the Premises, they shall be included as part of the Operating Expenses as defined in Section 7, Operating Expenses. Tenant shall also be solely liable for all taxes levied against the leasehold held by Tenant or against any personal property property, leasehold improvements, additions, alterations and fixtures placed by or Trade Fixtures for Tenant in, on or about Premises or constructed by Landlord for Tenant in the Premises, whether ; and if any such imposition is levied directly against Tenant or Rental and Other Taxes are levied against Landlord or Landlord’s property, or if the Property, assessed value of the Property upon which the Premises are located is increased (bwhether by special assessment or otherwise) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income inclusion therein of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost of Tenant’s (i) placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such Rental and Other Taxes (ii) Trade Fixtureswhich Landlord shall have the right to do regardless of the validity thereof), and/or (iii) Alterations (to Tenant, immediately upon demand or by Landlord’s presentment of any statement or invoice of taxes paid, shall pay and fully reimburse Landlord as additional rental for the extent that taxes so paid by Landlord or for the cost or value proportion of such other Alterations made taxes resulting from such increase in any assessments. Landlord may (but shall not be obligated to) contest by appropriate legal proceedings the amount, validity, or to the Premises application of any Taxes or Rent and Other Taxes or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premisesrespective liens thereof. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at may with Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s consent contest such Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, Rent and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementOther Taxes.
Appears in 1 contract
Samples: Industrial Building Lease (Sirenza Microdevices Inc)
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) all taxes, assessments, license fees and other governmental charges or impositions levied or assessed against or with respect to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, (b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), and (c) any increase in Taxes attributable to the inclusion of a value or cost of placed on Tenant’s (i) personal property, (ii) Trade FixturesFixtures or Alterations, and/or (iii) Alterations (to the extent that the cost or such value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value amount of a buildingthe Improvement Allowance less any above-standard build-out, and specialty items installed as determined by Landlord, but regardless part of whether title to those improvements is vested in the Tenant or Landlord), and (d) all Taxes separately allocable to the PremisesImprovements. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice upon demand for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice payment to the date of Tenant’s reimbursement.
Appears in 1 contract
Samples: Lease Agreement (Hemacare Corp /Ca/)
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) all taxes, assessments, license fees and other governmental charges charger or impositions levied or assessed against or with respect to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against again Landlord or the Property, (b) all actual rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), and (c) any increase in Taxes attributable to the inclusion of a value or cost of placed on Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost Fixtures or value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the PremisesAlterations. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business 30 days after notice receipt of written invoice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice payment to the date of Tenant’s reimbursement; provided, however, Landlord shall not pay Tenant’s Taxes prior to delinquency and Landlord shall notify Tenant in writing ten (10) days in advance of its intent to pay Tenant’s Taxes.
Appears in 1 contract
Samples: Sub Sublease Agreement (Enernoc Inc)
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) all taxes, assessments, license fees and other governmental charges or impositions levied or assessed against or with respect to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, (b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), and (c) any Taxes attributable to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Tenant Improvements or other Alterations (to the extent that the cost or value of such Tenant Improvements or other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice upon demand for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice payment to the date of Tenant’s reimbursement.
Appears in 1 contract
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) all taxes, assessments, license fees and other governmental charges or impositions levied or assessed against or with respect to Tenant’s Personal Property, Trade Fixtures, or any other personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, (b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord with respect to this Lease or the Premises or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), and (c) any Taxes increase in taxes attributable to the inclusion of a value or cost of placed on Tenant’s (i) personal propertyPersonal Property, (ii) Trade Fixtures, and/or (iii) Alterations (or any other personal property belonging to the extent that the cost Tenant or value of such other Alterations made otherwise located on or used in or to connection with the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined (excluding any personal property owned by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Basic Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s written request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereofthereof as a result of Landlord being billed directly by the applicable taxing authority, Tenant shall reimburse Landlord within ten thirty (1030) business days after notice written demand for the amount of such payment, and if . Tenant shall not be responsible for the payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice taxes attributable to the date of transfers, capital stock, income, franchise, estate, gift or inheritance, nor shall Tenant be responsible for any interest or penalties on any taxes payable by Landlord unless due to Tenant’s reimbursementfailure to make timely payments in accordance with the terms hereof. Tenant shall have the right to contest any taxes which are assessed against the Premises, Tenant’s Personal Property, Trade Fixtures or Alterations in its own name or in the name of Landlord (provided Tenant shall pay the taxes or post a bond therefor), and shall be entitled to retain any refund received in connection therewith.
Appears in 1 contract
Samples: Lease Agreement (PharMEDium Healthcare Holdings, Inc.)
TENANT'S TAXES. “Tenant’s Taxes” shall mean 6.1 The Tenant will during the term of this Lease pay and discharge all license fees, public utility charges, water taxes, surtaxes, sewer rates, business taxes and other charges, that may be levied and/or charged against the Leased Assets and every tax, surtax, assessment and license fee in respect of any business carried on with respect to any of the Leased Assets by the Tenant (aand any of its assignees or subtenants) all taxeswhether such license fees, charges, rates, assessments, taxes and/or surtaxes are levied and/or charged by a municipal, parliamentary, school or any other body of competent jurisdiction and will indemnify the Landlord from payment of all costs, charges and expenses occasioned by such license fees fees, charges, rates, assessments, taxes and surtaxes.
6.2 The Tenant shall be liable for and pay to the Landlord an amount equal to any and all goods and service taxes, sales taxes, value added taxes, business transfer taxes, or any other governmental charges or impositions levied or assessed against or taxes imposed on the Landlord with respect to any rent or any other sums payable by the Tenant to the Landlord.
6.3 All newly implemented taxes, rates and assessments which result from the abolition, replacement of or addition to the Tenant’s personal property taxes and other charges or Trade Fixtures taxes mentioned in this Clause 6 shall be paid by the PremisesTenant whether or not such taxes, whether rates, assessments and/or charges, surtaxes are levied and/or charged to the Landlord.
6.4 Should any such imposition is levied directly against law or regulation of any competent authority decree that the Landlord must pay a certain tax normally paid by the Tenant, or should the method of collection of certain taxes be altered to render the Landlord responsible rather than the Tenant, then the Tenant or levied against shall reimburse the Landlord or for any sum claimed from the Property, (b) all rental, excise, sales or transaction privilege taxes arising out Landlord by the competent authorities.
6.5 Notwithstanding the foregoing provisions of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-outClause 6, as determined by between the Tenant and the Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. Tenant shall pay not be responsible for bearing any Rental Tax to Landlord incremental net tax expense in addition to and at respect of the same time Leased Assets in excess of the net tax expense the Tenant would have incurred had the Tenant owned the Leased Assets commencing as Base Rent is payable under of the commencement date of this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish the Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice the Tenant for the amount of any such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementexcess net tax expense.
Appears in 1 contract
TENANT'S TAXES. “6.1 The Tenant will during the term of this Lease pay and discharge all license fees, public utility charges, water taxes, surtaxes, sewer rates, business taxes and other charges, that may be levied and/or charged against the Leased Assets and every tax, surtax, assessment and license fee in respect of any business carried on with respect to any of the Leased Assets by the Tenant (and any of its assignees or subtenants) whether such license fees, charges, rates, assessments, taxes and/or surtaxes are levied and/or charged by a municipal, parliamentary, school or any other body of competent jurisdiction and will indemnify the Landlord from payment of all costs, charges and expenses occasioned by such license fees, charges, rates, assessments, taxes and surtaxes.
6.2 The Tenant shall be liable for and pay to the Landlord an amount equal to any and all goods and service taxes, sales taxes, value added taxes, business transfer taxes, or any other taxes imposed on the Landlord with respect to any rent or any other sums payable by the Tenant to the Landlord.
6.3 All newly implemented taxes, rates and assessments which result from the abolition, replacement of or addition to the Tenant’s Taxes” taxes and other charges or taxes mentioned in this Clause 6 shall mean (a) all be paid by the Tenant whether or not such taxes, rates, assessments and/or charges, surtaxes are levied and/or charged to the Landlord.
6.4 Should any law or regulation of any competent authority decree that the Landlord must pay a certain tax normally paid by the Tenant, or should the method of collection of certain taxes be altered to render the Landlord responsible rather than the Tenant, then the Tenant shall reimburse the Landlord for any sum claimed from the Landlord by the competent authorities.
6.5 Notwithstanding the foregoing provisions of this Clause 6, as between the Tenant and the Landlord, the Tenant shall not be responsible for bearing any incremental net tax expense in respect of the Leased Assets in excess of the net tax expense the Tenant would have incurred had the Tenant owned the Leased Assets commencing as of the commencement date of this Lease, and the Landlord shall reimburse the Tenant for any such excess net tax expense. Any such new tax, assessment or levy shall be paid by the Tenant whether or not such taxes, assessments, license fees and other governmental levies and/or charges or impositions are levied or assessed against or with respect to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Landlord or the Property, (b) all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured by the income of Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant and/or charged to the terms of this Lease (the “Rental Tax”), (c) any Taxes attributable to the value or cost of Tenant’s (i) personal property, (ii) Trade Fixtures, and/or (iii) Alterations (to the extent that the cost or value of such other Alterations made in or to the Premises or the Building by or for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and (d) all Taxes separately allocable to the Premises. Tenant shall pay any Rental Tax to Landlord in addition to and at the same time as Base Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursement.
Appears in 1 contract
TENANT'S TAXES. “Tenant’s Taxes” shall mean (a) To promptly pay the Sub-Tenant's taxes when due. The Sub-Tenant shall be liable to pay the sub-tenants's Taxes for any period failing wholly or partially within the Term
(b) If the Sub-Landlord is required by lawful authority to pay the Sub-Tenant's Taxes or considers it advisable to pay the Sub-Tenant's Taxes which the Tenant fails or neglects to pay, all taxes, assessments, license fees moneys so paid by the Sub-Landlord shall be to the Sub-Tenant's account and other governmental charges or impositions levied or assessed against or with respect the Sub-Tenant shall forthwith pay the amount thereof to Tenant’s personal property or Trade Fixtures in the Premises, whether any such imposition is levied directly against Tenant or levied against Sub-Landlord or the Propertytaxing authority as the Sub-Landlord may direct, (b) and all rental, excise, sales or transaction privilege taxes arising out of this Lease (excluding, however, state and federal personal or corporate income taxes measured amounts so paid by the income of Sub-Landlord from all sources) imposed by any taxing authority upon Landlord or upon Landlord’s receipt of any rent payable by Tenant pursuant to the terms of this Lease (the “Rental Tax”), shall constitute Additional Rent forthwith payable.
(c) any Taxes attributable The Tenant further covenants and agrees that upon the written request of the Sub-Landlord the Sub-Tenant will promptly deliver to the value Sub-Landlord for inspection receipts for payment of all such taxes, fees, assessments or cost of Tenant’s (i) personal propertyother charges payable by the Sub-Tenant under this Article 5.02 which were due and payable prior to such request, (ii) Trade Fixtures, and/or (iii) Alterations (and in any event will furnish to the extent that Sub-Landlord, if requested by the cost or value Sub-Landlord, evidence of such other Alterations made in or payments satisfactory to the Premises or Sub-Landlord before the Building by or 21st day of January in each year, covering payments for Tenant exceeds the cost or value of a building-standard build-out, as determined by Landlord, but regardless of whether title to those improvements is vested in Tenant or Landlord), and preceding year.
(d) all Taxes separately allocable to The Sub-Tenant will indemnify and keep indemnified the Premises. Tenant shall pay any Rental Tax to Sub-Landlord in addition to respect of all loss, costs, charges and at expenses occasioned by or arising from all such Sub-Tenant's Taxes and any loss, costs, charges and expenses so suffered by the same time as Base Sub-Landlord shall constitute Additional Rent is payable under this Lease, and shall pay all other Tenant’s Taxes before delinquency (and, at Landlord’s request, shall furnish Landlord satisfactory evidence thereof). If Landlord pays Tenant’s Taxes or any portion thereof, Tenant shall reimburse Landlord within ten (10) business days after notice for the amount of such payment, and if payment is not made within said ten (10) business day period then together with interest at the Interest Rate from the date of Landlord’s notice to the date of Tenant’s reimbursementforthwith payable.
Appears in 1 contract