AD VALOREM TAX ABATEMENT Sample Clauses

AD VALOREM TAX ABATEMENT. In the event any ad valorem taxes applicable to the Building are abated by any taxing authority and, as a result, are not in fact payable by Landlord (the "Abated Taxes"), Tenant and Landlord agree the Actual Operating Expenses for any calendar year shall include the amount of Abated Taxes applicable to such year for purposes of computing Actual Operating Expenses and Tenant's Proportionate
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AD VALOREM TAX ABATEMENT. Grantor agrees to approve a 100% ad valorem tax abatement under either an EDX or IRBX tax exemption, subject to final action by the Kansas Court of Tax Appeals, for new facilities constructed by Grantee, or improvements made to existing facilities by Grantee in Wichita, Sedgwick County, Kansas including: a new paint facility for the Learjet 85; a new production flight test facility; a new delivery center; expansion of Building 2/3; construction of offices in Building 5 East; construction of Center of Excellence facilities in Building 5 West; and expansion of the Bombardier Flight Test Center. The term of the tax abatement will be for ten (10) years, subject to termination at the end of the first five (5) years if at that time Grantee has not created at least 2850 new person-year jobs as set forth in 12) below and invested at least $$48,700,000 in plant improvements and equipment. Notwithstanding the foregoing, Grantor agrees not to terminate the tax abatement early if the reason for failure to achieve job creation commitment is caused by economic conditions, as evidenced by a minimum 5-point decline in the Current Conditions Index published by the Center for Economic Development and Business Research at Wichita State University, measured from the date of this agreement, and if two of the three following conditions have been met:
AD VALOREM TAX ABATEMENT. In connection with this Lease, Tenant is planning to relocate its corporate headquarters to the Building and Tenant is currently in negotiations with the City of Birmingham, Jefferson County and the Industrial Development Board of the City of Birmingham for an ad valorem tax credit or abatement if such move is made (the "Tax Credit"). Should Tenant be able to negotiate the Tax Credit from such entity for such move which decreases the tax bill applicable to the Building, then upon such Tax Credit xxxxming effective and receipt by Landlord of such reduced tax notice for the Building, Landlord and Tenant agree that Tenant shall receive a savings equivalent to 65% of its pro rata share of said Tax Credit (the "Tenant Tax Credit") associated with the Building during the term such Tax Credit is in effect. Such Tenant Tax Credit shall be reflected as a reduction to the Base Year amount accompanied by an equivalent reduction to Tenant's Base Rental. The amount of said Tenant Tax Credit shall be derived by dividing the total annual amount of the Tax Credit by the total rentable square feet in the Building and multiplying that figure by 0.65. The resulting figure shall be subtracted from the Base Year amount and Tenant's Base Rental (both calculated on a per rentable square foot basis). For example, if the Tax Credit equals $100,000 each year and the total building rentable square footage is 150,000, then the calculation of Tenant's Tax Credit shall be as follows: $100,000/150,000 RSF = $.67/RSF, $.67/RSF x 65% = $.44/RSF. In this example, the Tenant's Tax Credit equals $.44/RSF and would result in a $.44/RSF reduction in Tenant's Base Rental rate during each year the Tax Credit is in effect accompanied by a $.44/RSF reduction in the Base Year amount for Operating Expenses under the Lease (for example, if the initial Base Rental rate is $18.00/RSF and the Base Year amount is $6.00/RSF then the Base Rental rate would be reduced to $17.56/RSF and the Base Year amount would be reduced to $5.56/RSF). It is expressly understood that such rent reduction in connection with said Tax Credit shall only be granted if such Tax Credit is actually realized by the Building. In the event such Tax Credit expires or is otherwise terminated, revoked or ceases to be granted (the "Tax Credit Expiration") prior to the expiration of the Lease, then the Base Year amount and Base Rental hereunder shall be increased, as of the Tax Credit Expiration, to the amounts that otherwise would have b...
AD VALOREM TAX ABATEMENT 

Related to AD VALOREM TAX ABATEMENT

  • Ad Valorem Taxes Prior to delinquency, Tenant shall pay all taxes and assessments levied upon trade fixtures, alterations, additions, improvements, inventories and personal property located and/or installed on or in the Premises by, or on behalf of, Tenant; and if requested by Landlord, Tenant shall promptly deliver to Landlord copies of receipts for payment of all such taxes and assessments. To the extent any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced by Landlord.

  • Property Tax The Lessor shall be responsible for payment of present and future Property Tax imposed by the municipal authorities in respect of the Demised Premises.

  • Real Property Taxes Taxes, assessments and charges now or hereafter levied or assessed upon, or with respect to, the Project, or any personal property of Landlord used in the operation thereof or located therein, or Landlord's interest in the Project or such personal property, by any federal, state or local entity, including: (i) all real property taxes and general and special assessments; (ii) charges, fees or assessments for transit, housing, day care, open space, art, police, fire or other governmental services or benefits to the Project, including assessments, taxes, fees, levies and charges imposed by governmental agencies for such purposes as street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services; (iii) service payments in lieu of taxes; (iv) any tax, fee or excise on the use or occupancy of any part of the Project, or on rent for space in the Project; (v) any other tax, fee or excise, however described, that may be levied or assessed as a substitute for, or as an addition to, in whole or in part, any other Real Property Taxes; and (vi) reasonable consultants' and attorneys' fees and expenses incurred in connection with proceedings to contest, determine or reduce Real Property Taxes. Real Property Taxes do not include: (A) franchise, transfer, inheritance or capital stock taxes, or income taxes measured by the net income of Landlord from all sources, unless any such taxes are levied or assessed against Landlord as a substitute for, in whole or in part, any Real Property Tax; (B) Impositions and all similar amounts payable by tenants of the Project under their leases; and (C) penalties, fines, interest or charges due for late payment of Real Property Taxes by Landlord. If any Real Property Taxes are payable, or may at the option of the taxpayer be paid, in installments, such Real Property Taxes shall, together with any interest that would otherwise be payable with such installment, be deemed to have been paid in installments, amortized over the maximum time period allowed by applicable law. If the tax statement from a taxing authority does not allocate Real Property Taxes to the Building, Landlord shall make the determination of the proper allocation of such Real Property Taxes based, to the extent possible, upon records of the taxing authority and, if not so available, then on an equitable basis. Real Property Taxes also do not include any increases in the taxes, assessments, charges, excises and levies assessed against the Project due solely to the construction or installation of tenant improvements or other alterations by tenants of the Project other than Tenant and any other tenants or occupants of the Building; provided, however, that if any Real Property Taxes are imposed or increased due to the construction or installation of tenant improvements or other alterations in the Building, such Real Property Taxes shall be equitably prorated in Landlord's reasonable judgment between Tenant and any other tenants of the Building.

  • Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises.

  • Taxes and Assessments; Tax Indemnity The Company shall (a) file all tax returns and appropriate schedules thereto that are required to be filed under applicable law, prior to the date of delinquency, (b) pay and discharge all taxes, assessments and governmental charges or levies imposed upon the Company, upon its income and profits or upon any properties belonging to it, prior to the date on which penalties attach thereto, and (c) pay all taxes, assessments and governmental charges or levies that, if unpaid, might become a lien or charge upon any of its properties; provided, however, that the Company in good faith may contest any such tax, assessment, governmental charge or levy described in the foregoing clauses (b) and (c) so long as appropriate reserves are maintained with respect thereto.

  • 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 ("Rental Tax"), and (c) any increase in Taxes attributable to inclusion of a value placed on Tenant's personal property, Trade Fixtures or Alterations. 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 upon demand for the amount of such payment, together with interest at the Interest Rate from the date of Landlord's payment to the date of Tenant's reimbursement.

  • PERSONAL PROPERTY TAX All personal property taxes will be paid by the Contractor.

  • Tax Expenses Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. “Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

  • REAL ESTATE TAXES, SPECIAL ASSESSMENTS AND PRORATIONS (a) Because the Entire Property (of which the Property is a part) is subject to a triple net lease (as further set forth in paragraph 11(a)(i), the parties acknowledge that there shall be no need for a real estate tax proration. However, Seller represents that to the best of its knowledge, all real estate taxes and installments of special assessments due and payable in all years prior to the year of Closing have been paid in full. Unpaid real estate taxes and unpaid levied and pending special assessments existing on the date of Closing shall be the responsibility of Buyer and Seller in proportion to their respective Tenant in Common interests, pro-rated, however, to the date of closing for the period prior to closing, which shall be the responsibility of Seller if Tenant shall not pay the same. Seller and Buyer shall likewise pay all taxes due and payable in the year after Closing and any unpaid installments of special assessments payable therewith and thereafter, if such unpaid levied and pending special assessments and real estate taxes are not paid by any tenant of the Entire Property.

  • Personal Property Taxes (a) Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Lessee contained in the Premises or elsewhere. When possible, Lessee shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor.

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