ADDITIONAL RENT - TAXES. In addition to the Rent set forth in Section IV of this Lease and as part of the Rent due pursuant to the provisions of this Lease, Tenant shall pay Landlord as Additional Rent the Tax Excess as set forth in this Section X. For the purposes of this Section X, the following words and terms shall have the following meaning:
ADDITIONAL RENT - TAXES. (1) For the purposes of this Section, "
ADDITIONAL RENT - TAXES. As additional rent hereunder, Tenant shall pay as and when the same become due and payable and before any penalty is added thereto or imposed thereon because of nonpayment, all taxes, assessments, levies, license fees, water rents, excises, franchises, and the like, general and special, ordinary and extraordinary, of whatever nature, name and kind which may be levied, assessed, charged or imposed or which may become a lien (whether by the federal, state, city, county, or other public authority), upon this Lease, the Leased Premises, the use or occupation thereof, the buildings and improvements thereon or any of them, or upon the Landlord or occupants in respect thereof, the rent thereof and therefrom, in the estate hereby created, or upon the Landlord by reason of the ownership of the reversion in the Leased Premises after the Tenant has taken possession and occupancy of the Leased Premises and commenced paying rental under the terms hereof, it being understood that Tenant is not assuming any liability for such items which pre-existed such date whether the same were then due and payable and had ripened into liens against the Leased Premises. Tenant is hereby afforded the right to contest the amount of any such taxes, assessments, etc. with the appropriate governmental agency, with Landlord's consent and cooperation. The parties agree to jointly request the appropriate governmental agency to separate the Leased Premises from the remaining Shopping Center real estate for real estate tax purposes. Should this not be possible, Tenant shall pay the pro-rata real estate taxes attributable to the Leased Premises and the real estate taxes attributable to any structure placed upon the Leased Premises. For purposes of this paragraph, Tenant's "pro-rata" share of such real estate taxes shall be the resulting product of the aggregate real estate tax xxxx(s) for the Shopping Center multiplied by a fraction, the numerator of which being the total square footage of the Leased Premises, and the denominator being the total square footage of the Shopping Center and the adjoining outlots (retail and office) owned by Landlord which are not taxed independently. Notwithstanding any provision of this paragraph, Tenant shall be responsible for the obligations described only during the Term, and all such obligations shall be prorated between Landlord and Tenant for any period of time covered by any such obligation whether attributable to a period prior to or subsequent to the Term...
ADDITIONAL RENT - TAXES. (1) For the purposes of this Section, “Tax Year” shall mean the twelve-month period in use in the City of Chelsea for the purpose of imposing ad valorem taxes upon real property. In the event that said City changes the period of its tax year, “Tax Year” shall mean a twelve-month period commencing on the first day of such new tax year, and each twelve-month period commencing on an anniversary of such date during the Term of this lease. For purposes of this Section “the Property” shall mean the Lot and all improvements thereon from time to time, including the buildings. For purposes of this Section the Real Estate Taxes imposed with respect to the Property shall mean the sum of: (i) the real estate taxes upon the buildings (determined in accordance with the real estate tax xxxx, the assessor’s records or a certification from the assessor), plus (ii) the real estate taxes upon the Lot. Real Estate Taxes shall not include any of the following: (i) any franchise, gift, estate, inheritance, conveyance, transfer, capital investment or other tax assessed against Landlord or Landlord’s heirs, successors or assigns; (ii) any income, excess profits or other tax, assessment, charge, or levy on the rent payable by Tenant under this lease; or (iii) any interest, fine, or penalty for late payment or nonpayment by Landlord of any Real Estate Taxes, provided Tenant has timely paid the Real Estate Taxes. Further, as regards any assessment which under the laws then in force may be paid in installments, there will be included within the meaning of the term “Real Estate Taxes” with respect to any fiscal year only the current annual installment.
ADDITIONAL RENT - TAXES. (i) Tenant covenants and agrees to pay, during the term of this Lease, as "Additional Rent," all ad valorem real estate taxes and assessments, general or specific, levied against and attributable to the Land and improvements thereon during the Lease Term (all of which are sometimes herein referred to as "Impositions") which, subsequent to the Commencement Date at any time thereafter during the Lease term are assessed, levied, confirmed, imposed upon, and become due and payable against the Demised Premises, or any portion thereof, or the rents or income therefrom, but only for and with respect to the period during the Lease term to which they are attributable. Tenant shall pay all special (or similar) assessments for public improvements or benefits which, during the term of this Lease shall be laid, assessed, levied or imposed upon and become payable or become a lien and payable upon the Demised Premises, or any portion thereof; provided, however, that if by law any special assessment is payable (without default) or, at the option of the owner, may be paid (without default) or, at the option of the owner, may be paid (without default) in installments (whether or not interest shall accrue on the unpaid balance of such special assessment), Tenant may pay the same, together with any interest accrued on the unpaid balance of such special assessment, in installments as the same respectively become payable and before any fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and the interest thereon. Tenant shall pay all special assessments or installments thereof (including interest accrued thereon), whether heretofore or hereafter laid, assessed, levied or imposed upon the Demised Premises, or any portion thereof, which are due and payable during the term of this Lease, but only for and with respect to the period during the Lease term to which they are attributable. Landlord agrees to request that any special assessment be made payable over the longest period allowed by the taxing authority. Landlord shall pay all installments of special assessments (including interest accrued on the unpaid balance) which are payable prior to the Commencement Date and after the Expiration Date of the term of this Lease, together with those which are not attributable to the period during the Lease term. Tenant shall pay all real estate taxes, whether heretofore or hereafter levied or assessed upon the Demised Premises, or any portion ther...
ADDITIONAL RENT - TAXES. As additional rent, in the event any ad valorem property taxes are levied against all or a portion of the Parking Garage as a result of Developer’s use of the Parking Garage under this Agreement, the Developer will be responsible for full payment of such taxes.
ADDITIONAL RENT - TAXES. Section 7.1. The Landlord shall pay, or cause to be paid, before the same become delinquent, all general and special taxes, including existing and future assessments for road, sewer, utility and other local improvements and other governmental charges (hereinafter collectively referred to as “real estate taxes”) which may be lawfully charged, assessed, or imposed upon or relating to all or any portion of the Landlord’s Tax Tract (as hereinafter defined) on both land and all structures and other improvements thereon; provided however, that if authorities having jurisdiction assess real estate taxes on any of the same which the Landlord deems excessive, the Landlord may defer compliance therewith to the extent permitted by the laws of the State of Rhode Island so long as the validity or amount thereof is contested by the Landlord in good faith and so long as the Tenant’s occupancy of the demised premises is not disturbed or threatened. For the purposes hereof, the term “
ADDITIONAL RENT - TAXES. Section 7.1. The term "Taxes" is hereby defined to mean all general and special taxes, including existing and future assessments for road, sewer, utility and other local improvements and other governmental charges which may be lawfully charged, assessed, or imposed upon all or any portion of the Landlord's Tract (which term shall mean the entire Shopping Center on both land and any or all improvements contained therein.) Nothing contained herein shall be construed to include as "Taxes" any income, inheritance, estate, succession, transfer, gift, franchise, corporation, net profit tax, or capital levy or any other tax that is measured exclusively in any manner by the income or profit of the Landlord The Landlord shall pay, or cause to be paid, before the same become delinquent, all Taxes, provided however, that if authorities having jurisdiction assess Taxes on the Landlord's Tract and/or the improvements contained therein which the Landlord deems excessive, the Landlord may defer compliance therewith to the extent permitted by the laws of The Commonwealth of Massachusetts so long as the validity or amount thereof is contested by the Landlord in good faith and so long as the Tenant's occupancy of the demised premises is not disturbed or threatened.
ADDITIONAL RENT - TAXES. In addition to Base Rent, commencing on the Sublease Commencement Date and continuing throughout the Term of this Sublease, Subtenant shall pay to Sublandlord any increases to operational expenses which Sublandlord is required to pay to Prime Landlord under Section 3 of the Seventh Amendment as a result of any new use of the Subleased Premises by Subtenant that increases operational expenses that have been built into the gross base rent under the Primary Lease. Subtenant shall pay before delinquency any and all taxes, assessments, licenses, fees and public charges levied, assessed or imposed and which become payable during the Term upon any fixtures, furniture, leasehold improvements, appliances and personal property installed or located in or about the Subleased Premises. To the extent Sublandlord is billed directly for the foregoing amounts, then Subtenant shall pay to Sublandlord the total of such amounts within thirty (30) days of receipt of invoice from Sublandlord, which invoice shall be accompanied by any invoice, documents or information relating to such amounts.
ADDITIONAL RENT - TAXES. (A) Commencing on the Expansion Premises Commencement Date and continuing through the Term, Tenant shall pay Additional Rent, including, without limitation, Operating Expenses Allocable to the Premises and Landlord Tax Expenses Allowance to the Premises, in accordance with the Lease, it being agreed that from and after the Expansion Premises Commencement Date, Tenant leases the entire Total Rentable Floor Area of the Building, and as result, Tenant’s portion of Landlord’s Tax Expenses and Landlord’s Operating Expenses is one hundred percent (100%). [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission.
