Common use of Payment by Tenant Clause in Contracts

Payment by Tenant. Tenant shall pay to Landlord as additional rent for the Leased Premises all taxes and assessments, general and special, water and sewer charges and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, or imposed upon the Leased Premises or upon any improvements or personal property at any time situated thereon, including, but not limited to all of the personal property taxes and real property taxes (the “Impositions”). Notwithstanding anything herein to the contrary, Tenant’s obligations under this Section 4.1 shall include the Tenant paying all of the real property taxes for 2001; provided, however, that Landlord shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition of the Leased Premises. All Impositions shall be paid by Tenant to Landlord within twenty (20) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments each of which shall be equal to one-twelfth (1/12) of the estimated annual real property taxes and assessments pertaining to the Premises, to be held by Landlord and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates are to be made solely by Landlord and payments shall be made on the first day of the month; provided, however that no escrow shall be required for as long as the Tenant is the occupant of the Leased Premises unless (i) Landlord is required to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default under this Lease. No interest shall be payable by Landlord on the tax escrow unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required by other applicable law.

Payment by Tenant. Tenant shall pay all Impositions prior to ----------------- delinquency. If billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord's invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as additional rent would have been received by Landlord with reimbursement of such Imposition. In addition, on or before April 10 and December 10 of each year of the Term, Tenant shall pay directly to the San Mateo County assessor the Real Property Taxes for the Leased Premises all taxes and assessments, general and special, water and sewer charges and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, or imposed upon as set forth on the Leased Premises or upon any improvements or personal property at any time situated thereon, including, but not limited to all of assessor's tax xxxx for the personal property taxes and real property taxes (the “Impositions”)Premises. Notwithstanding anything herein to the contrary, Tenant’s obligations under this Section 4.1 shall include the Tenant paying all of the real property taxes for 2001; providedIf, however, that Landlord the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Lease shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition be a percentage of the Leased Premises. All Impositions Real Property Taxes payable for such parcel or parcels, which percentage shall be paid determined by dividing the Rentable Area of the Building by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord within twenty (20) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments each of which shall be equal to one-twelfth (1/12) as part of the estimated annual real property taxes and assessments pertaining to the Premises, to be held by Landlord and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates are to be made solely by Landlord and payments shall be made on the first day of the month; provided, however that no escrow shall be required for as long as the Tenant is the occupant of the Leased Premises unless (i) Landlord is required to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default under this Lease. No interest shall be payable by Landlord on the tax escrow unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required by other applicable lawCommon Area Maintenance Costs.

Payment by Tenant. Tenant shall pay to Landlord as additional rent for the Leased Premises all taxes and assessments, general and special, water and sewer charges and all other impositions, ordinary and extraordinary, Tenant's proportionate share of every kind and nature whatsoever, which may be levied, assessed, or imposed upon the Leased Premises or upon any improvements or personal property at any time situated thereon, including, but not limited to all of the personal property taxes and real property taxes (the “Impositions”). Notwithstanding anything herein to the contrary, Tenant’s obligations under this Section 4.1 shall include the Tenant paying all of the real property taxes for 2001; provided, however, that Landlord shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition of the Leased Premises. All Impositions Taxes shall be paid by Tenant to Landlord within twenty (20) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments each of which shall be equal to one-twelfth commencing with the Commencement Date, in amounts initially reasonably estimated by Landlord, one (1/121) of the estimated annual real property taxes and assessments pertaining to the Premises, to be held by Landlord and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates are to be made solely by Landlord and payments shall be made such installment being due on the first day of each full or partial month during the month; providedLease Term. Upon notice from Landlord, however that no escrow such monthly installments shall be required for as long as increase or decrease from time to time to reflect the Tenant is the occupant then current estimate of the Leased Premises unless amount of any Taxes due. When the actual amount of any such Taxes is determined by Landlord, Landlord will notify Tenant of such actual amount and the manner of calculating Tenant's proportionate share (iin a format to be determined by Landlord) and of any excess or deficiency in the amount theretofore paid by Tenant as its share of such Taxes. Any such excess will be credited to Tenant's account or refunded to Tenant if no further payments are due Landlord is required pursuant to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default under this Lease. No interest Tenant will pay the amount of any deficiency to Landlord within thirty (30) ten (10) days following Landlord's notice thereof. Tenant acknowledges and stipulates that Landlord has made no representations or agreement of any kind as to the total dollar amount of such Taxes, actual or estimated, or Tenant's dollar share thereof. With respect to any assessments which may be levied against or upon the Premises and the Center, or which under the laws then in force may be evidenced by improvement or other bonds, or may be paid in annual installments, only the amount of such annual installment (with appropriate proration for any partial year) shall be payable by included within the computation of Tenant's pro rata share of Taxes for any particular year. In no event shall Tenant be required to pay (a) any portion of Landlord's general income, franchise, inheritance, estate or gift taxes, (b) any business license tax or fee imposed upon Landlord on which is generally applicable to all real estate related and non-real estate related business owners or operators in the tax escrow unlesscity, and then only county or state in which the Premises is located, nor (c) any assessments levied in order to finance in whole or in part the extent that, development or construction of any portion of the Center. Landlord shall furnish Tenant with copies of all applicable law shall otherwise require. All overpayments bills pertaining to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Taxes upon Tenant, at the sole discretion of Landlord unless otherwise required by other applicable law's written request.

Payment by Tenant. Tenant shall pay to Landlord as additional rent "Additional Rent" for the Leased Premises Premises, all taxes and assessments, general and special, water and sewer charges rates and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which that may be levied, assessed, charged or imposed during the term of the Lease upon the Leased Premises Premises, or any part thereof, or upon any improvements or personal property at any time situated thereon, includingincluding without limitation, but not limited any assessment by any association of owners of property in the complex of which the Leased Premises are a part. Impositions shall also include fees and costs incurred by Landlord during or prior to all the Lease term for the purpose of contesting or protesting tax assessments or rates, to the extent such fees and costs relate to savings realized during the term of the personal property Lease and any extension thereof. Tenant may take the benefit of the provisions of any statute or ordinance permitting any assessment to be paid over a period of years, and Tenant shall be obligated to pay only those installments falling due during the term of this Lease. In the event that the fee mortgagee requires that taxes and real property taxes (the “Impositions”). Notwithstanding anything herein or insurance be paid in escrow, Tenant agrees to pay such items in escrow to the contraryLandlord or as if so directed, Tenant’s to the fee mortgagee. If at a time during the term of this Lease during which the Tenant shall not be paying escrows under the preceding sentence, Tenant shall fail to timely pay prior to their respective due date (being that date before which any interest or penalties would be assessed or accrue by reason of late payment), or if Tenant shall be default in any of its monetary obligations under this Section 4.1 Lease, then and in any of such events, upon ten business days written from Landlord, Tenant shall include the Tenant paying all be obligated to establish, and thereafter pay to Landlord on a monthly basis an amount equal to 1/12th of the real property taxes for 2001; provided, however, annual Impositions as determined by Landlord so that Landlord shall make will have available thirty days prior to Tenant any the respective due date the amount of Impositions held by Landlord in connection with the acquisition of Imposition then next due to the Leased Premisesrespective taxing or billing authority. All Impositions In the event that there shall be paid by any shortfall in the amount estimated, Tenant to Landlord shall pay such deficiency within twenty (20) days after Landlord bills five business days' notice of same. Tenant therefor or, at Landlord’s election, in monthly installments each of which shall be equal to one-twelfth (1/12) of the estimated annual real property taxes and assessments pertaining to the Premises, to be held by Landlord and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates are to be made solely by Landlord and payments shall be made on the first day of the month; provided, however that no escrow shall be required for to pay such amount to Landlord as long as the previously required until notified by Landlord that a different amount shall be due each month. All monies payable by Tenant is the occupant under this Section 5.0 shall be deemed items of the Leased Premises unless (i) Landlord is required to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default additional rent due under this Lease. No interest shall For purposes of this Section 5.0, Impositions may include premiums for insurance required to be payable carried by Landlord on the tax escrow unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required by other applicable lawTenant under this Lease.

Payment by Tenant. Tenant shall pay all Impositions prior to delinquency. If billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts not less than five (5) days prior to the date such Imposition would be delinquent. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as additional rent would have been received by Landlord with reimbursement of such Imposition. In addition, on or before April 10 and December 10 of each year of the Term, Tenant shall pay directly to the San Mateo County assessor the Real Property Taxes for the Leased Premises all taxes and assessments, general and special, water and sewer charges and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, or imposed upon as set forth on the Leased Premises or upon any improvements or personal property at any time situated thereon, including, but not limited to all of assessor's tax bill for the personal property taxes and real property taxes (the “Impositions”)Premises. Notwithstanding anything herein to the contrary, Tenant’s obligations under this Section 4.1 shall include the Tenant paying all of the real property taxes for 2001; providedIf, however, that Landlord the Xxxmises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Lease shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition be a percentage of the Leased Premises. All Impositions Real Property Taxes payable for such parcel or parcels, which percentage shall be paid determined by dividing the Rentable Area of the Premises by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord monthly as part of the Common Area Maintenance Costs. Tenant, at its cost, shall have the right at any time to seek a reduction in or otherwise contest any Real Property Taxes for which it is obligated to reimburse Landlord pursuant to this PARAGRAPH 15, by action or proceeding against the entity with authority to assess or impose the same. Landlord shall not be required to join in any proceeding or action brought by Tenant unless the provisions of applicable regulations require that such proceeding or action be brought by or in the name of Landlord, in which event Landlord shall join in such proceeding or action or permit it to be brought in Landlord's name, provided that Tenant shall protect, indemnify, defend, and hold Landlord free and harmless from and against any and all loss, liability, cost, damage, claim or expense in connection with such proceeding or contest. Tenant shall continue, during the pendency of such proceeding or action, to pay the Real Property Taxes due as determined by landlord pursuant to this PARAGRAPH 15. If Tenant is successful in such action or proceeding, Landlord shall reimburse to Tenant its prorata share of the reduction in Real Property Taxes realized by Tenant in such contest or proceeding within twenty ten (2010) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments each the amount of which shall be equal to one-twelfth (1/12) of the estimated annual real property taxes and assessments pertaining to the Premises, to be held by Landlord and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates are to be made solely by Landlord and payments shall be made on the first day of the month; provided, however that no escrow shall be required for as long as the Tenant is the occupant of the Leased Premises unless (i) Landlord is required to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default under this Lease. No interest shall be payable by Landlord on the tax escrow unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required by other applicable lawsuch reduction has been determined.

Payment by Tenant. Tenant shall pay to Landlord as additional rent for the Leased Premises all taxes and assessments, general and special, water and sewer charges and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, or imposed upon the Leased Premises or upon any improvements or personal property at any time situated thereon, including, but not limited to all of the personal property taxes and real property taxes (the “Impositions”). Notwithstanding anything herein to the contrary, Tenant’s obligations under this Section 4.1 shall include the Tenant paying all of the real property taxes for 2001; provided, however, that Landlord shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition of the Leased Premises. All Impositions shall be paid by Tenant to Landlord within twenty (20) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments each of which shall be equal to one-twelfth (1/12) of the estimated annual real property taxes and assessments pertaining to the PremisesPremises (the “Tax Escrow Account”), to be held by Landlord and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates are to be made solely by Landlord and payments shall be made on the first day of the month; provided. In the event that the funds in the Tax Escrow Account are insufficient to pay the Impositions, however that no escrow Tenant shall be required for as long as pay the requisite amount within twenty (20) days after Landlord bills Tenant is the occupant of the Leased Premises unless (i) Landlord is required to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default under this Leasetherefor. No interest shall be payable by Landlord on the tax escrow Tax Escrow Account unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account Tax Escrow Account shall be applied to reduce future payments to the tax escrow accountTax Escrow Account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required by other applicable law.

Payment by Tenant. Subject to the provisions of Section 6.2, in addition to the Annual Basic Rental, Tenant shall pay to reimburse Landlord as additional rent for the Leased Premises all ad valorem taxes and assessments, general and special, all personal property taxes, all water and sewer charges taxes and all other impositions, ordinary and extraordinary, extraordinary of every kind and nature whatsoeverwhatsoever relating to the Property, which may be levied, assessed, or imposed upon the Leased Premises or upon any improvements Tenant’s property located thereon or personal property at any time situated thereonused in connection therewith, including, but not limited to, maintenance assessments and other charges imposed pursuant to the Permitted Encumbrances, which, during the Term of this Lease, may be levied or assessed against the Premises. Landlord agrees to deliver copies of statements for all of the personal property taxes and real property taxes foregoing to Tenant on the later to occur of (the “Impositions”). Notwithstanding anything herein i) sixty (60) days prior to the contrary, Tenant’s obligations under due date thereof and (ii) ten (10) days from the date Landlord receives such statements from the applicable tax authorities. Landlord shall estimate the amounts due from Tenant pursuant to this Section 4.1 6.1 and Tenant shall include the Tenant paying all of the real property taxes for 2001; provided, however, that Landlord shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition of the Leased Premises. All Impositions shall be paid by Tenant to Landlord within twenty (20) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments each of which shall be equal to pay one-twelfth (1/12) thereof monthly in advance, together with its monthly installments of Annual Basic Rental. After the end of each calendar year Landlord shall furnish Tenant a statement in reasonable detail of the estimated annual actual real property estate taxes, prepared in accordance with sound accounting practices by Landlord’s accounting department, and there shall be an adjustment between Landlord and Tenant, with payment to or repayment by Landlord, as the case may require, to the end that Landlord shall receive the entire amount owed by Tenant. Upon not less than fifteen (15) days prior written notice to Tenant, once per calendar year, Landlord shall have the right, from time to time throughout the Term, to adjust the amount of its estimate. Upon request from Tenant, Landlord shall promptly provide Tenant with evidence of the payment by Landlord of such taxes and assessments. Tenant shall also be solely responsible for and pay prior to delinquency all taxes imposed on its inventory, trade fixtures, apparatus, leasehold improvements (installed by or on behalf of Tenant), equipment and other personal property. All taxes, assessments pertaining to the Premises, and other costs to be held paid by Landlord and disbursed by Landlord Tenant pursuant to pay the taxes before any penalty or interest shall accrue thereon. Estimates this Section 6.1 are collectively referred to be made solely by Landlord and payments shall be made on the first day of the month; provided, however that no escrow shall be required for as long herein as the Tenant is the occupant of the Leased Premises unless “Taxes”; provided that “Taxes” shall in no event include (i) Landlord is required to escrow taxes by any lender who holds a deed federal, state, or other tax on the income of trust or mortgage against the Leased Premises, Landlord; or (ii) any franchise, estate, inheritance or similar tax imposed upon Landlord. To the extent Tenant is in default under this Lease. No interest fails to pay any of the Taxes when required pursuant to the terms hereof, Landlord shall be have the right to do so and upon Landlord’s payment thereof the same shall become Additional Rental hereunder payable by Landlord Tenant on the tax escrow unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required demand by other applicable lawLandlord.

Payment by Tenant. Tenant shall pay all Impositions prior to delinquency. If billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts not less than five (5) days prior to the date such Imposition would be delinquent. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increased the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as additional rent would have been received by Landlord with reimbursement of such Imposition. In addition, on or before April 10 and December 10 of each year of the Term, Tenant shall pay directly to the San Mateo County assessor the Real Property Taxes for the Leased Premises all taxes and assessments, general and special, water and sewer charges and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, or imposed upon as set forth on the Leased Premises or upon any improvements or personal property at any time situated thereon, including, but not limited to all of assessor's tax xxxx for the personal property taxes and real property taxes (the “Impositions”)Premises. Notwithstanding anything herein to the contrary, Tenant’s obligations under this Section 4.1 shall include the Tenant paying all of the real property taxes for 2001; providedIf, however, that Landlord the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Lease shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition be a percentage of the Leased Premises. All Impositions Real Property Taxes payable for such parcel or parcels, which percentage shall be paid determined by dividing the Rentable Area of the Premises by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord monthly as part of the Common Area Maintenance Costs. Tenant, at its cost, shall have the right at any time to seek a reduction in or otherwise contest any Real Property Taxes for which it is obligated to reimburse Landlord pursuant to this PARAGRAPH 15, by action or proceeding against the entity with authority to assess or impose the same. Landlord shall not be required to join in any proceeding or action brought by Tenant unless the provisions of applicable regulations require that such proceeding or action be brought by or in the name of Landlord, in which event Landlord shall join in such proceeding or action or permit it to be brought in Landlord's name, provided that Tenant shall protect, indemnify, defend, and hold Landlord free and harmless from and against any and all loss, liability, cost, damage, claim or expense in connection with such proceeding or contest. Tenant shall continue, during the pendency of such proceeding or action, to pay the Real Property Taxes due as determined by landlord pursuant to this PARAGRAPH 15. If Tenant is successful in such action or proceeding, Landlord shall reimburse to Tenant its prorata share of the reduction in Real Property Taxes realized by Tenant in such Contest or proceeding within twenty ten (2010) days after Landlord bills Tenant therefor or, at Landlord’s election, in monthly installments each the amount of which shall be equal to one-twelfth (1/12) of the estimated annual real property taxes and assessments pertaining to the Premises, to be held by Landlord and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates are to be made solely by Landlord and payments shall be made on the first day of the month; provided, however that no escrow shall be required for as long as the Tenant is the occupant of the Leased Premises unless (i) Landlord is required to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default under this Lease. No interest shall be payable by Landlord on the tax escrow unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required by other applicable lawsuch reduction has been determined.

Payment by Tenant. Tenant shall pay all Impositions prior to delinquency. If billed directly, Tenant shall pay such Impositions and concurrently present to Landlord satisfactory evidence of such payments. If any Impositions are billed to Landlord or included in bills to Landlord for Real Property Taxes, then Tenant shall pay to Landlord all such amounts within fifteen (15) days after receipt of Landlord's invoice therefor. If applicable law prohibits Tenant from reimbursing Landlord for an Imposition, but Landlord may lawfully increase the Monthly Rent to account for Landlord's payment of such Imposition, the Monthly Rent payable to Landlord shall be increased so that the amount of such increased Monthly Rent, together with any accompanying increases in the Real Property Taxes payable by Tenant with respect to such Imposition, are sufficient to net to Landlord the same return without reimbursement of such Imposition as additional rent would have been received by Landlord with reimbursement of such Imposition. In addition, on or before April 10 and December 10 of each year of the Term, Tenant shall pay directly to the San Mateo County assessor the Real Property Taxes for the Leased Premises all taxes and assessments, general and special, water and sewer charges and all other impositions, ordinary and extraordinary, of every kind and nature whatsoever, which may be levied, assessed, or imposed upon as set forth on the Leased Premises or upon any improvements or personal property at any time situated thereon, including, but not limited to all of assessor's tax bill xxx the personal property taxes and real property taxes (the “Impositions”)Premises. Notwithstanding anything herein to the contrary, Tenant’s obligations under this Section 4.1 shall include the Tenant paying all of the real property taxes for 2001; providedIf, however, that Landlord the Premises are not a separate parcel for tax purposes but constitute a portion of a larger tax parcel or parcels, the Real Property Taxes payable by Tenant under this Lease shall make available to Tenant any amount of Impositions held by Landlord in connection with the acquisition be a percentage of the Leased Premises. All Impositions Real Property Taxes payable for such parcel or parcels, which percentage shall be paid determined by dividing the Rentable Area of the Building by the total Rentable Area of all buildings on such parcel or parcels and multiplying the result by 100, which Real Property Taxes shall be payable by Tenant to Landlord monthly as part of the Common Area Maintenance Costs. Promptly following payment of the Real Property Taxes, Tenant shall provide Landlord with copies of paid receipts or other documentary evidence that the Real Property Taxes have been paid by Tenant. If Tenant fails to pay the Real Property Taxes on or before April 10 and December 10, respectively, or if Tenant fails to pay its share of Real Property Taxes as part of the Common Area Maintenance Costs, Tenant shall pay to Landlord any penalty incurred by such late payment. In addition, Tenant shall pay any Real Property Tax not 38 included within twenty the county tax assessor's tax bill xxxhin ten (2010) days after Landlord bills being billed for same by Landlord. The foregoing dates are based on the dates established by the county as the dates on which Real Property Taxes become delinquent if not paid. If such delinquency dates change, the dates on which Tenant therefor or, at Landlord’s election, in monthly installments each of which must pay the Real Property Taxes for the Premises shall be equal at least ten (10) days prior to one-twelfth (1/12) the new delinquency dates. Assessments, taxes, fees, levies and charges may be imposed by governmental agencies for such purposes as fire protection, street, sidewalk, road, utility construction and maintenance, refuse removal and for other governmental services which may formerly have been provided without charge to property owners or occupants. It is the intention of the estimated annual real property taxes parties that all new and assessments pertaining to the Premisesincreased assessments, to be held by Landlord taxes, fees, levies and disbursed by Landlord to pay the taxes before any penalty or interest shall accrue thereon. Estimates charges are to be made solely by Landlord and payments shall be made on included within the first day definition of Real Property Taxes for the month; provided, however that no escrow shall be required for as long as the Tenant is the occupant purposes of the Leased Premises unless (i) Landlord is required to escrow taxes by any lender who holds a deed of trust or mortgage against the Leased Premises, or (ii) Tenant is in default under this Lease. No interest shall be payable by Landlord on the tax escrow unless, and then only to the extent that, applicable law shall otherwise require. All overpayments to the tax escrow account shall be applied to reduce future payments to the tax escrow account, if any, or shall be returned to Tenant, at the sole discretion of Landlord unless otherwise required by other applicable law.