UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.
UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides. 47842-0001 NY\53603744.6
UNRELATED BUSINESS INCOME. All payments to the Landlord shall constitute rents from real property as such terms are defined in Section 856 (d) of the Internal Revenue Code of 1954, and therefore do not include unrelated business income. If in the opinion of Landlord’s counsel, there shall be any significant risk that any individual payment or type of payment made by Tenant under the Lease would be taxable to Landlord, Landlord may by written notice to Tenant modify the Lease so that no payments will, in the opinion of Landlord’s counsel, give rise to unrelated business income. The modifications shall not result in any additional financial burden to Tenant.
UNRELATED BUSINESS INCOME. An IRA is subject to tax on unrelated business income if it carries on an unrelated trade or business. An unrelated trade or business means any trade or business regularly carried on by the IRA or by a partnership of which it is a member, and not substantially related to the IRA’s exempt purpose or function. If the IRA has $1,000 or more of unrelated trade or business gross income, the IRA must file a Form 990-T, Exempt Organization Business Income Tax Return and pay the tax due. Account Owner is responsible for monitoring UBTI for their Traditional IRA account which you may hold and prepare, or have prepared, the proper 990-T tax form and forward it to Custodian for filing, along with authorization to pay any tax due from the Traditional IRA account. In order to file the 990-T tax form, the Account Owner must apply for an Employer Identification Number (EIN) for the IRA Account before requesting Custodian to pay any tax owed. This EIN must be used on the 990-T tax form - the Account Owner’s social security number or Custodian’s EIN cannot be used.
UNRELATED BUSINESS INCOME. [Intentionally Omitted]
UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Subtenant to Landlord under this Sublease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Subtenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Subtenant to make more payments or accept fewer services from Landlord, than this Sublease provides.
UNRELATED BUSINESS INCOME. Landlord shall have the right, at any ------------------------- time and from time to time, to unilaterally amend the provisions of the Lease if Landlord is advised by its counsel that all or any portion of the monies paid by Tenant to Landlord thereunder are, or may be deemed to be, unrelated business income within the meaning of the United States Internal Revenue Code or the regulations issued thereunder, and Tenant agrees that it will execute all documents or instruments necessary to effect such amendment or amendments, provided that (i) no such amendment shall result in Tenant having to pay in the aggregate more money on account of its occupancy of the Premises under the terms of the Lease, as so amended, (ii) no such amendment shall result in Tenant receiving materially less services than it is presently entitled to receive under the Lease, or services of a materially lesser quality, and (iii) no such amendment shall result in termination of the Lease prior to July 31, 2006. Any services which Landlord is required to furnish pursuant to the provisions of the Lease may, at Landlord's option, be furnished from time to time, in whole or in part, by representatives or employees of Landlord or any management company for the Building or the Project or by one or more third persons approved by Landlord.
UNRELATED BUSINESS INCOME. If Landlord is advised at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized under the Internal Revenue Code or its regulations as unrelated business taxable income or may not be excludable from unrelated business taxable income, then Tenant, at the option of Landlord, shall enter into an amendment of this Lease, reasonably acceptable to Landlord and Tenant, that will enable Landlord to avoid such income, so long as the amendment does not increase Tenant’s obligations hereunder or diminish Tenant’s rights hereunder.
UNRELATED BUSINESS INCOME. (i) Landlord shall have the right at any time and from time to time to unilaterally amend the provisions of this Lease, if Landlord is advised by its counsel that all or any portion of the monies paid by Tenant to Landlord hereunder are, or may be deemed to be, unrelated business income within the meaning of the United States Internal Revenue Code or regulations issued thereunder, and Tenant agrees that it will execute all documents or instruments necessary to effect such amendment or amendments, provided that no such amendment shall result in Tenant having to pay in the aggregate more money on account of its occupancy of the Premises under the terms of this Lease, as so amended, and provided further than no such amendment shall result in Tenant receiving less services than it is presently entitled to receive under this Lease, or services of a lesser quality.
UNRELATED BUSINESS INCOME. A. Landlord shall have the right at any time and from time to time to unilaterally amend the provisions of this Lease, if Landlord is advised by its counsel that all or any portion of the monies paid by Tenant to Landlord hereunder are, or may be deemed to be, unrelated business income within the meaning of the United States Internal Revenue Code or regulations issued thereunder, and Tenant agrees that it will execute all documents or instruments necessary to effect such amendment or amendments, provided that no such amendment shall result in Tenant having to pay in the aggregate more money on account of its occupancy of the Premises under the terms of this Lease, as so amended, and provided further that no such amendment shall result in Tenant receiving less services than it is presently entitled to receive under this Lease, or services of a lesser quality and provided further that no such amendment shall materially interfere with any of Tenant's rights or benefits under this Lease or Landlord's obligations under this Lease.
