Common use of Impositions Defined Clause in Contracts

Impositions Defined. As used in this Lease, “Impositions” shall mean (without duplication of any item included in Operating Costs or other items to be reimbursed by Tenant under this Lease) all Taxes, excises, levies, license and permit fees, and other charges general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind or nature whatsoever, which shall or may during the Term be assessed, levied, charged, confirmed or imposed by any Governmental Entity or any non-governmental assessments for common charges under a Permitted Restrictive Covenant upon (i) the Property or any part thereof, (ii) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (iii) such Permits as may exist as a condition to the use of the Property, or (iv) any documents to which the Tenant is a party creating or transferring an interest or estate in the Premises. Impositions shall not include any income tax, capital levy (except as provided below), estate, succession, inheritance or transfer taxes, or similar tax of Landlord; any tax imposed with respect to the sale, exchange or other disposition by Landlord of all or any portion of the Landlord’s interest in the Property or the proceeds thereof; or any income, profits, or revenue tax, assessment, or charge imposed upon the rents or revenues derived by Landlord from the Property by any Governmental Entity; provided, however, if the present method of taxation changes so that in lieu of or in addition to the whole or any part of any Impositions, there is levied on Landlord a capital tax directly on the rents or revenues received therefrom or a franchise tax, margin tax, assessment, or charge based, in whole or in part, upon such rents or revenues for the Property, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed to be included within the term “Impositions” for purposes hereof. Impositions shall not include Permit fees payable by Tenant or any subtenant of Tenant pursuant to Section 6.2 below or taxes payable by Tenant or any subtenant of Tenant pursuant to Section 6.8 below. Notwithstanding anything to the contrary contained herein (including without limitation, any of the exclusions set forth in the immediately preceding sentence), Impositions shall include the Texas margin tax and/or any other business tax imposed under Texas Tax Code Chapter 171 and/or any successor or replacement statutory provision; provided, however for purposes of determining the Impositions hereunder, (i) the calculation of the margin tax shall exclude any and all of Landlord’s revenue related to the sale, exchange, transfer or financing of the Property or portion thereof, and (ii) if Landlord is part of a combined group for purposes of determining margin tax, or Landlord otherwise incurs liability for margin tax by reason of revenue derived from the Property and revenue derived from any other projects or businesses, then the amount of the margin tax to be included in Impositions shall be only that portion directly attributable to the revenue derived from the Property. Impositions shall include the reasonable costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Property. Impositions shall not include taxes on the trade fixtures, equipment, furniture, and other personal property of any other tenant or occupant of the Property (other than of Landlord to the extent set forth above) or Permit fees solely attributable to the operation of another tenant’s business at the Property.

Impositions Defined. As Impositions shall be defined as all real property taxes and assessments levied against the Project and the various estates therein and the underlying Land, all personal property taxes levied on personal property of Landlord used exclusively in this Leasethe management, “Impositions” shall mean operation, maintenance and repair of the Project (without duplication or, if not exclusively used, then an appropriate pro rata portion thereof, based on percentage of any item included usage), all taxes, assessments and reassessments of every kind and nature whatsoever levied or assessed in Operating Costs lieu of or in substitution for existing or additional real or personal property taxes and assessments on the Project or the sale, conveyance, assignment, ground lease or other items to be reimbursed by Tenant under this Lease) all Taxestransfer thereof, service payments in lieu of taxes, excises, transit charges and fees, housing, park and child care assessments, development and other assessments, reassessments, levies, license and permit feesfees or charges, and other charges general and special, ordinary and extraordinary, foreseen and unforeseenunforeseen as well as foreseen, of any kind or nature whatsoever, which shall or may during the Term be are assessed, levied, charged, confirmed or imposed by any Governmental Entity public authority upon the Project, its operations or the Rent provided for in this Lease, or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any non-governmental assessments other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during the Term. Further, for common charges under the purposes of this Article, Impositions shall include the reasonable expenses (including, without limitation, attorneys' fees) incurred by Landlord in challenging or obtaining or attempting to obtain a Permitted Restrictive Covenant upon (i) reduction of such Impositions, regardless of the Property or any part thereofoutcome of such challenge. Notwithstanding the foregoing, (ii) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (iii) such Permits as may exist Landlord shall have no obligation to challenge Impositions. If as a condition result of any such challenge, a tax refund is made to Landlord, then provided no uncured Event of Default exists under this Lease, the use amount of such refund less the actual expenses of the Property, or (iv) any documents to which the Tenant is a party creating or transferring an interest or estate challenge shall be deducted from Impositions due in the PremisesLease Year such refund is received. In the case of any Impositions which may be evidenced by improvement or other bonds or which may be paid in annual or other periodic installments, Landlord shall not include elect to cause such bonds to be issued or cause such assessment to be paid in installments over the maximum period permitted by law. Nothing contained in this Lease shall require Tenant to pay any income tax, capital levy (except as provided below)franchise, estate, succession, inheritance or succession transfer taxes, or similar tax of Landlord; any tax imposed with respect to the sale, exchange or other disposition by Landlord of all or any portion of the Landlord’s interest in the Property or the proceeds thereof; or any income, profits, profits or revenue taxtax or charge, assessment, or charge imposed upon the rents or revenues derived by net income of Landlord from the Property by any Governmental Entityall sources; provided, however, that if at any time during the present method Term under the laws of taxation changes so that in lieu of the United States Government or in addition to the whole state, or any part of political subdivision thereof, a tax (including, but not limited to any Impositions, there is levied sales tax) or excise on Landlord a capital tax directly on the rents Rent or revenues received therefrom or a franchise tax, margin tax, assessment, or charge based, in whole or in part, upon such rents or revenues for the Property, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed to be included within the term “Impositions” for purposes hereof. Impositions shall not include Permit fees other amounts payable by Tenant to Landlord, or any subtenant other tax however described, is levied or assessed by any such political body against Landlord on account of Tenant pursuant to Section 6.2 below Rent, or taxes payable by Tenant or any subtenant of Tenant pursuant to Section 6.8 below. Notwithstanding anything to the contrary contained herein (including without limitation, any of the exclusions set forth in the immediately preceding sentence), Impositions shall include the Texas margin tax and/or any other business tax imposed under Texas Tax Code Chapter 171 and/or any successor or replacement statutory provision; provided, however for purposes of determining the Impositions hereunder, (i) the calculation of the margin tax shall exclude any and all of Landlord’s revenue related to the sale, exchange, transfer or financing of the Property or a portion thereof, and Tenant shall pay one hundred percent (ii100%) if Landlord is part of a combined group for purposes of determining margin tax, or Landlord otherwise incurs liability for margin tax by reason of revenue derived from the Property and revenue derived from any other projects or businesses, then the amount of the margin tax to be included in Impositions shall be only that portion directly attributable to the revenue derived from the Property. Impositions shall include the reasonable costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Property. Impositions shall not include taxes on the trade fixtures, equipment, furniture, and other personal property of any other tenant such tax or occupant of the Property (other than of Landlord to the extent set forth excise as Additional Rent as provided in SECTION 4.5 above) or Permit fees solely attributable to the operation of another tenant’s business at the Property.

Impositions Defined. As Impositions shall be defined as all real property taxes and assessments levied against the Project and the various estates therein and the underlying Land, all personal property taxes levied on personal property of Landlord used in this Leasethe management, “Impositions” shall mean (without duplication operation, maintenance and repair of any item included the Project, all taxes, assessments and reassessments of every kind and nature whatsoever levied or assessed in Operating Costs lieu of or in substitution for existing or additional real or personal property taxes and assessments on the Project or the sale, conveyance, assignment, ground lease or other items to be reimbursed by Tenant under this Lease) all Taxestransfer thereof, service payments in lieu of taxes, excises, transit charges and fees, housing, park and child care assessments, development and other assessments, reassessments, levies, license and permit feesfees or charges, and other charges general and special, ordinary and extraordinary, foreseen and unforeseenunforeseen as well as foreseen, of any kind or nature whatsoever, which shall or may during the Term be are assessed, levied, charged, confirmed or imposed by any Governmental Entity public authority upon the Project, its operations or the Rent provided for in this Lease, or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any non-governmental assessments other purposes which are assessed. levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during the Term. Further, for common charges under the purposes of this Article, impositions shall include the reasonable expenses (including, without limitation, attorneys’ fees) incurred by Landlord in challenging or obtaining or attempting to obtain a Permitted Restrictive Covenant upon (i) reduction of such Impositions, regardless of the Property or any part thereofoutcome of such challenge. Notwithstanding the foregoing, (ii) the appurtenances thereto or the sidewalksLandlord shall have no obligation to challenge Impositions, streets, or vaults adjacent thereto, (iii) such Permits as may exist if as a condition result of any such challenge, a tax refund is made to Landlord, then provided no uncured Event of Default exists under this Lease, the use amount of such refund less the expenses of the Property, or (iv) any documents to which the Tenant is a party creating or transferring an interest or estate challenge shall be deducted from Impositions due in the PremisesLease Year such refund is received. In the case of any Impositions which may be evidenced by improvement or other bonds or which may be paid in annual or other periodic installments, Landlord shall not include elect to cause such bonds to be issued or cause such assessment to be paid in installments over the maximum period permitted by law. Nothing contained in this Lease shall require Tenant to pay any income tax, capital levy (except as provided below)franchise, estate, succession, inheritance or succession transfer taxes, or similar tax of Landlord; any tax imposed with respect to the sale, exchange or other disposition by Landlord of all or any portion of the Landlord’s interest in the Property or the proceeds thereof; or any income, profits, profits or revenue taxtax or charge, assessment, or charge imposed upon the rents or revenues derived by net income of Landlord from the Property by any Governmental Entityall sources; provided, however, that if at any time during the present method Term under the laws of taxation changes so that in lieu of the United States Government or in addition to the whole state, or any part of political subdivision thereof, a tax (including, but not limited to any Impositions, there is levied sales tax) or excise on Landlord a capital tax directly on the rents Rent or revenues received therefrom or a franchise tax, margin tax, assessment, or charge based, in whole or in part, upon such rents or revenues for the Property, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed to be included within the term “Impositions” for purposes hereof. Impositions shall not include Permit fees other amounts payable by Tenant to Landlord, or any subtenant other tax however described, is levied or assessed by any such political body against Landlord on account of Rent, or a portion thereof, Tenant pursuant to shall pay one hundred percent (100%) of any such tax or excise as Additional Rent as provided in Section 6.2 below or taxes payable by Tenant or any subtenant of Tenant pursuant to Section 6.8 below4.5 above. Notwithstanding anything to the contrary contained herein (including without limitation, any of the exclusions set forth in the immediately preceding sentence)Furthermore, Impositions shall include specifically exclude any increases in Impositions due during the Texas margin tax and/or any other business tax imposed under Texas Tax Code Chapter 171 and/or any successor or replacement statutory provision; provided, however for purposes initial Lease Term as a result of determining the Impositions hereunder, (i) the calculation a reassessment of the margin tax shall exclude any and all Building or Project resulting from a transfer of Landlord’s revenue related title to the sale, exchange, transfer Building or financing of the Property or portion thereof, and Project pursuant to California Constitution Article XIIIA (ii) if Landlord is part of a combined group for purposes of determining margin tax, or Landlord otherwise incurs liability for margin tax by reason of revenue derived from the Property and revenue derived from any other projects or businesses, then the amount of the margin tax to be included in Impositions shall be only that portion directly attributable to the revenue derived from the Property. Impositions shall include the reasonable costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Property. Impositions shall not include taxes on the trade fixtures, equipment, furniture, and other personal property of any other tenant or occupant of the Property (other than of Landlord to the extent set forth above) or Permit fees solely attributable to the operation of another tenant’s business at the Propertycommonly known as “Proposition 13”).

Impositions Defined. As Subject to the qualifications and limitations set forth below, Impositions shall be defined as all real property taxes and assessments levied against the Project and the various estates therein and the underlying Land, all personal property taxes levied on personal property of Landlord used in this Leasethe management, “Impositions” shall mean (without duplication operation, maintenance and repair of any item included the Project, all taxes, assessments and reassessments of every kind and nature whatsoever levied or assessed in Operating Costs lieu of or in substitution for existing or additional real or personal property taxes and assessments on the Project or the sale, conveyance, assignment, ground lease or other items to be reimbursed by Tenant under this Lease) all Taxestransfer thereof, service payments in lieu of taxes, excises, transit charges and fees, housing, park and child care assessments, development and other assessments, reassessments, levies, license and permit feesfees or charges, and other charges general and special, ordinary and extraordinary, foreseen and unforeseenunforeseen as well as foreseen, of any kind or nature whatsoever, which shall or may during the Term be are assessed, levied, charged, confirmed or imposed by any Governmental Entity public authority upon the Project, its operations or the Rent provided for in this Lease, or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any non-governmental assessments other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during the Term. Further, for common charges under the purposes of this Article, Impositions shall include the reasonable expenses (including, without limitation, attorneys' fees) 5055 Wilshire - Playboy Enterprises, Inc. - Lease 12/22/98 incurred by Landlord in challenging or obtaining or attempting to obtain a Permitted Restrictive Covenant upon (i) reduction of such Impositions for a Calendar Year occurring during the Property or any part thereofTerm, (ii) regardless of the appurtenances thereto or outcome of such challenge. Notwithstanding the sidewalksforegoing, streets, or vaults adjacent thereto, (iii) such Permits as may exist Landlord shall have no obligation to challenge Impositions. If as a condition result of any such challenge, a tax refund is made to Landlord, then provided no uncured Event of Default exists under this Lease, the use amount of such refund less the expenses of the Property, or (iv) any documents to which the Tenant is a party creating or transferring an interest or estate challenge shall be deducted from Impositions due in the PremisesLease Year such refund is received. In the case of any Impositions which may be evidenced by improvement or other bonds or which may be paid in annual or other periodic installments, Landlord shall not include elect to cause such bonds to be issued or cause such assessment to be paid in installments over the maximum period permitted by law. Nothing contained in this Lease shall require Tenant to pay any income tax, capital levy (except as provided below)franchise, estate, succession, inheritance or succession transfer taxes, or similar tax of Landlord; any tax imposed with respect to the sale, exchange or other disposition by Landlord of all or any portion of the Landlord’s interest in the Property or the proceeds thereof; or any income, profits, profits or revenue taxtax or charge, assessment, or charge imposed upon the rents or revenues derived by net income of Landlord from the Property by any Governmental Entityall sources; provided, however, that if at any time during the present method Term under the laws of taxation changes so that the United States Government or the state, or any political subdivision thereof, a tax (including, but not limited to any sales tax) or excise on Rent or other amounts payable by Tenant to Landlord, or any other tax however described, is levied or assessed by any such political body against Landlord on account of Rent, or a portion thereof, Tenant shall pay one hundred percent (100%) of any such tax or excise as Additional Rent as provided in lieu of Section 4.5 above. Furthermore, nothing contained in this Lease shall require Tenant to pay any real property taxes or in addition assessments attributable to the whole development of one or more additional buildings on the Project, which development is intended for the purpose of increasing the leasable area of the Project. Nothing contained in this Lease shall require Tenant to pay any part penalties incurred as a result of Landlord's negligence, inability or unwillingness to make payments of and/or to file any tax or informational returns with respect to any Impositions, there is levied on Landlord a capital tax directly on the rents or revenues received therefrom or a franchise tax, margin tax, assessment, or charge based, in whole or in part, upon such rents or revenues for the Property, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed to be included within the term “Impositions” for purposes hereof. Impositions shall not include Permit fees payable by Tenant or any subtenant of Tenant pursuant to Section 6.2 below or taxes payable by Tenant or any subtenant of Tenant pursuant to Section 6.8 below. Notwithstanding anything to the contrary contained herein (including without limitation, any of the exclusions set forth in the immediately preceding sentence), Impositions shall include the Texas margin tax and/or any other business tax imposed under Texas Tax Code Chapter 171 and/or any successor or replacement statutory provision; provided, however for purposes of determining the Impositions hereunder, (i) the calculation of the margin tax shall exclude any and all of Landlord’s revenue related to the sale, exchange, transfer or financing of the Property or portion thereof, and (ii) if Landlord is part of a combined group for purposes of determining margin tax, or Landlord otherwise incurs liability for margin tax by reason of revenue derived from the Property and revenue derived from any other projects or businesses, then the amount of the margin tax to be included in Impositions shall be only that portion directly attributable to the revenue derived from the Property. Impositions shall include the reasonable costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Property. Impositions shall not include taxes on the trade fixtures, equipment, furniture, and other personal property of any other tenant or occupant of the Property (other than of Landlord to the extent set forth above) or Permit fees solely attributable to the operation of another tenant’s business at the Propertywhen due.

Impositions Defined. As Impositions shall be defined as all real property taxes and assessments levied against the Project and the various estates therein and the underlying Land, all personal property taxes levied on personal property of Landlord used in this Leasethe management, “Impositions” shall mean (without duplication operation, maintenance and repair of any item included the Project, all taxes, assessments and reassessments of every kind and nature whatsoever levied or assessed in Operating Costs lieu of or in substitution for existing or additional real or personal property taxes and assessments on the Project or the sale, conveyance, assignment, ground lease or other items to be reimbursed by Tenant under this Lease) all Taxestransfer thereof, service payments in lieu of taxes, excises, transit charges and fees, housing, park and child care assessments, development and other assessments, reassessments, levies, license and permit feesfees or charges, and other charges general and special, ordinary and extraordinary, foreseen and unforeseenunforeseen as well as foreseen, of any kind or nature whatsoever, which shall or may during the Term be are assessed, levied, charged, confirmed or imposed by any Governmental Entity public authority upon the Project, its operations or the Rent provided for in this Lease, or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits or any non-governmental assessments other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during the Term. Further, for common charges under the purposes of this Article, Impositions shall include the reasonable expenses (including, without limitation, attorneys’ fees) incurred by Landlord in challenging or obtaining or attempting to obtain a Permitted Restrictive Covenant upon (i) reduction of such Impositions, regardless of the Property or any part thereofoutcome of such challenge. Notwithstanding the foregoing, (ii) the appurtenances thereto or the sidewalks, streets, or vaults adjacent thereto, (iii) such Permits as may exist Landlord shall have no obligation to challenge Impositions. If as a condition result of any such challenge, a tax refund is made to Landlord, then provided no uncured Event of Default exists under this Lease, the use amount of such refund less the expenses of the Property, or (iv) any documents to which the Tenant is a party creating or transferring an interest or estate challenge shall be deducted from Impositions due in the PremisesLease Year such refund is received. In the case of any Impositions which may be evidenced by improvement or other bonds or which may be paid in annual or other periodic installments, Landlord shall not include elect to cause such bonds to be issued or cause such assessment to be paid in installments over the maximum period permitted by law. Nothing contained in this Lease shall require Tenant to pay any income tax, capital levy (except as provided below)franchise, estate, succession, inheritance or succession transfer taxes, or similar tax of Landlord; any tax imposed with respect to the sale, exchange or other disposition by Landlord of all or any portion of the Landlord’s interest in the Property or the proceeds thereof; or any income, profits, profits or revenue taxtax or charge, assessment, or charge imposed upon the rents or revenues derived by net income of Landlord from the Property by any Governmental Entityall sources; provided, however, that if at any time during the present method Term under the laws of taxation changes so that in lieu of the United States Government or in addition to the whole state, or any part of political subdivision thereof, a tax (including, but not limited to any Impositions, there is levied sales tax) or excise on Landlord a capital tax directly on the rents Rent or revenues received therefrom or a franchise tax, margin tax, assessment, or charge based, in whole or in part, upon such rents or revenues for the Property, then all such taxes, assessments, or charges, or the part thereof so based, shall be deemed to be included within the term “Impositions” for purposes hereof. Impositions shall not include Permit fees other amounts payable by Tenant to Landlord, or any subtenant other tax however described, is levied or assessed by any such political body against Landlord on account of Tenant pursuant to Section 6.2 below Rent, or taxes payable by Tenant or any subtenant of Tenant pursuant to Section 6.8 below. Notwithstanding anything to the contrary contained herein (including without limitation, any of the exclusions set forth in the immediately preceding sentence), Impositions shall include the Texas margin tax and/or any other business tax imposed under Texas Tax Code Chapter 171 and/or any successor or replacement statutory provision; provided, however for purposes of determining the Impositions hereunder, (i) the calculation of the margin tax shall exclude any and all of Landlord’s revenue related to the sale, exchange, transfer or financing of the Property or a portion thereof, and Tenant shall pay one hundred percent (ii100%) if Landlord is part of a combined group for purposes of determining margin tax, or Landlord otherwise incurs liability for margin tax by reason of revenue derived from the Property and revenue derived from any other projects or businesses, then the amount of the margin tax to be included in Impositions shall be only that portion directly attributable to the revenue derived from the Property. Impositions shall include the reasonable costs of consultants retained in an effort to lower taxes and all costs incurred in disputing any taxes or in seeking to lower the tax valuation of the Property. Impositions shall not include taxes on the trade fixtures, equipment, furniture, and other personal property of any other tenant such tax or occupant of the Property (other than of Landlord to the extent set forth excise as Additional Rent as provided in Section 4.5 above) or Permit fees solely attributable to the operation of another tenant’s business at the Property.