TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.
Appears in 3 contracts
Samples: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc), Office Lease (Timeline Inc)
TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall In addition to all other sums to be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable paid by Tenant under this Lease, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the Term, whether or not now customary or within the contemplation of the parties, (a) upon, measured by or reasonably attributable to Tenant’s improvements, equipment, furniture, fixtures and other personal property located in the Premises, (b) upon or measured by Base Rent or Additional Rent, or both, payable under this Lease, including (but not limited to) without limitation any gross income taxsales, gross receipts tax or excise tax payable levied upon or measured by Base Rent or Additional Rent by any governmental body having jurisdiction with respect to the receipt of such rent rental; (c) upon or other charges or with respect to the possession, leasing or leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof; or (d) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable reimburse Landlord within thirty (30) days of written demand for any and all such taxes levied against the leasehold held by Tenant paid or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed payable by Landlord for Tenant in the Premises, Building (other than state and federal personal or Project; and if any such corporate income taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) measured by the inclusion therein net income of value placed on such leaseholdLandlord from all sources). Notwithstanding anything to the contrary in this Section 26, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord Tenant shall have the right to do regardless of the validity thereof), contest any taxes payable by Tenant under this Section provided that Tenant, upon demandat its sole cost and expense, diligently undertakes and pursues any such contest in appropriate proceedings, indemnifies Landlord against and holds Landlord harmless from all loss or damages that Landlord shall fully reimburse Landlord for the taxes so paid suffer by Landlord or for the proportion reason of such taxes resulting from such increase in contest, and does not permit any assessmentlien to be placed on the Building or any part thereof or interest therein.
Appears in 2 contracts
TENANT'S TAXES. To the extent not covered as a Common Operating ExpenseCost, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlordtaxes. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment. Tenant shall have the right, upon providing Landlord with security adequate in Landlord's sole but reasonable opinion to prevent the same from becoming a lien on the Premises, Building or Project, to contest taxes for which Tenant is responsible pursuant to this Section VII.
Appears in 2 contracts
Samples: Lease (Peregrine Systems Inc), Lease Agreement (Peregrine Systems Inc)
TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall In addition to all other sums to be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable paid by Tenant under this Lease, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the Term, whether or not now customary or within the contemplation of the parties, (a) upon, measured by or reasonably attributable to Tenant's improvements, equipment, furniture, fixtures and other personal property located in the Premises, (b) upon or measured by Base Rent or Additional Rent, or both, payable under this Lease, including (but not limited to) without limitation any gross income taxsales, gross receipts tax or excise tax payable levied upon or measured by Base Rent or Additional Rent by any governmental body having jurisdiction with respect to the receipt of such rent rental; (c) upon or other charges or with respect to the possession, leasing or leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof; or (d) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable reimburse Landlord upon demand for any and all such taxes levied against the leasehold held by Tenant paid or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed payable by Landlord for Tenant in the Premises, Building (other than state and federal personal or Project; and if any such corporate income taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) measured by the inclusion therein net income of value placed on such leaseholdLandlord from all sources). Notwithstanding anything to the contrary in this Section 26, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord Tenant shall have the right to do regardless of the validity thereof), contest any taxes payable by Tenant under this Section provided that Tenant, upon demandat its sole cost and expense, diligently undertakes and pursues any such contest in appropriate proceedings, indemnifies Landlord against and holds Landlord harmless from all loss or damages that Landlord shall fully reimburse Landlord for the taxes so paid suffer by Landlord or for the proportion reason of such taxes resulting from such increase in contest, and does not permit any assessmentlien to be placed on the Building or any part thereof or interest therein.
Appears in 2 contracts
Samples: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)
TENANT'S TAXES. To the extent not covered as a Common Operating ExpenseCost, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlordtaxes. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.
Appears in 1 contract
Samples: Office Lease (Newgen Results Corp)
TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlordtaxes. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.
Appears in 1 contract
Samples: Office Lease (Colo Com)
TENANT'S TAXES. To the extent not covered as a Common Operating ExpenseCost, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlordtaxes. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord (20) for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.. -----------------------------------
Appears in 1 contract
Samples: Office Lease (Earthlink Network Inc)
TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall In addition to all other sums to be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable paid by Tenant under this Lease, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the Term, whether or not now customary or within the contemplation of the parties, (a) upon, measured by or reasonably attributable to Tenant's improvements, equipment, furniture, fixtures and other personal property located in the Premises, including without limitation Landlord's Work, Tenant's Work and Alterations, (but not limited tob) upon or measured by Base Rent or Additional Rent, or both, payable under this Lease, including without limitation any gross income tax, gross receipts tax or excise tax payable levied by any governmental body having jurisdiction with respect to the receipt of such rent rental; (c) upon or other charges or with respect to the possession, leasing or leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof; or (d) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable reimburse Landlord upon demand for any and all such taxes levied against the leasehold held by Tenant paid or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed payable by Landlord for Tenant in the Premises, Building (other than state and federal personal or Project; and if any such corporate income taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) measured by the inclusion therein net income of value placed on such leaseholdLandlord from all sources). Notwithstanding anything to the contrary in this Section 25, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord Tenant shall have the right to do regardless of the validity thereof), contest any taxes payable by Tenant under this Section provided that Tenant, upon demandat its sole cost and expense, diligently undertakes and pursues any such contest in appropriate proceedings, indemnifies Landlord against and holds Landlord harmless from all loss or damages that Landlord shall fully reimburse Landlord for the taxes so paid suffer by Landlord or for the proportion reason of such taxes resulting from such increase in contest, and does not permit any assessmentlien to be placed on the Building or any part thereof or interest therein.
Appears in 1 contract
Samples: Office Lease (Lightwave Logic, Inc.)
TENANT'S TAXES. To the extent not covered as a Common Operating ExpenseCost, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.
Appears in 1 contract
Samples: Office Lease (PSW Technologies Inc)