Common use of Payment of Proportionate Share of Taxes Clause in Contracts

Payment of Proportionate Share of Taxes. Tenant's proportionate share of Taxes shall be paid by Tenant in monthly installments in such amounts as are reasonably estimated and billed for each Tax Year during the Term by Landlord, each such installment being due on the first day of each calendar month. At any time during a Tax Year, Landlord may reestimate Tenant's proportionate share of Taxes and thereafter adjust Tenant's monthly installments payable during the Tax Year to reflect more accurately Tenant's proportionate share of Taxes. Within one hundred twenty (120) days after Landlord's receipt of tax bills for each Tax Year, or such reasonable (in Landlord's determination) time thereafter, Landlord will notify Tenant of the amount of Taxes for the Tax Year in question and the amount of Tenant's proportionate share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share of Taxes for each Tax Year shall be paid promptly. Failure of Landlord to provide such notice within the time prescribed shall not relieve Tenant of its obligations hereunder. Notwithstanding the foregoing, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Date, an amount equal to Tenant's share of Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expires.

Appears in 1 contract

Samples: Lease Agreement (Mego Financial Corp)

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Payment of Proportionate Share of Taxes. Tenant's Tenants proportionate share of Taxes shall be paid by Tenant in monthly installments in such amounts as are reasonably estimated and billed for each Tax Year during the Term by Landlord, each such installment being due on the first day of each calendar month. At any time during a Tax Year, Landlord may reestimate Tenant's proportionate share of Taxes and thereafter adjust Tenant's monthly installments payable during the Tax Year to reflect more accurately Tenant's proportionate share of Taxes. Within one hundred twenty (120) days after Landlord's receipt of tax bills for each Tax Year, or such reasonable (in Landlord's determination) time thereafter, Landlord will notify Tenant of the amount of Taxes for the Tax Year in question and the amount of Tenant's proportionate share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share of Taxes for each Tax Year shall be paid promptlyadjusted between Landlord and Tenant, and Landlord and Tenant hereby agree that Tenant shall pay Landlord or Landlord shall credit to Tenant's account (or, if such adjustment is at the end of the Term, Landlord shall pay Tenant), as the case may be, within fifteen (15) days of the aforesaid notice to Tenant, such amounts as may be necessary to effect such adjustment. Failure of Landlord to provide such notice within the time prescribed shall not relieve Tenant of its obligations hereunderhereunder . Notwithstanding the foregoing, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Datecommencement of the Term of this Lease, an amount equal to Tenant's share of Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expires.

Appears in 1 contract

Samples: Lease Agreement (Boston Restaurant Associates Inc)

Payment of Proportionate Share of Taxes. Tenant's proportionate share Proportionate Share of Taxes shall be paid by Tenant in equal monthly installments in such amounts as are reasonably estimated and billed for each Tax Year during the Term by Landlord, each such installment being due on the first day of each calendar month. At any time during a Tax Year, Landlord may reestimate re-estimate Tenant's proportionate share Proportionate Share of Taxes and thereafter adjust Tenant's monthly installments payable thereafter during the Tax Year to reflect more accurately Tenant's proportionate share Proportionate Share of TaxesTaxes as re-estimated by Landlord. Within one hundred twenty (120) days after Landlord's receipt of tax bills for each Tax Year, or such reasonable (Year with respect to which no Abatement was in Landlord's determination) time thereaftereffect, Landlord will notify deliver to Tenant a statement of the amount of Taxes for the with respect to such Tax Year in question and the amount of Tenant's proportionate share Proportionate Share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share Proportionate Share of Taxes for each such Tax Year shall be paid promptlyAdjusted within thirty (30) days after Tenant's receipt of such statement. Failure If Landlord fails to make, within the period indicated above, the appropriate adjustment with respect to any overpayment by Tenant, then the amount owed Tenant shall accrue interest at the same rate as the Default Rate until properly credited to Tenant's account. The failure of the Landlord to provide such notice certification within the time prescribed above shall not relieve Tenant of any of its obligations hereunder. Notwithstanding the foregoingUpon reasonable notice, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Date, an amount equal to shall make available for Tenant's share of inspection (which inspection shall be at Tenant's sole cost and expense and shall only be performed once per Rental Year) at the management office in the Shopping Center, during normal business hours, Landlord's records relating to Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expirespreceding twelve (12) month period.

Appears in 1 contract

Samples: Lease Agreement (Ashworth Inc)

Payment of Proportionate Share of Taxes. Tenant's proportionate share of Taxes shall be paid by Tenant in monthly installments in such amounts as are reasonably estimated and billed for each Tax Year during the Term by Landlord, each such installment being due on the first day of each calendar month. At any time during a Tax Year, Landlord may reestimate Tenant's proportionate share of Taxes and thereafter adjust Tenant's monthly installments payable during the Tax Year to reflect more accurately Tenant's proportionate share of Taxes. Within one hundred twenty (120) days after Landlord's receipt of tax bills for each Tax Year, or such reasonable (in Landlord's determination) time thereafter, Landlord will notify Tenant of the amount of Taxes for the Tax Year in question and the amount of Tenant's proportionate share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share of Taxes for each Tax Year shall be paid promptlyadjusted between Landlord and Tenant, and Landlord and Tenant hereby agree that Tenant shall pay Landlord or Landlord shall credit to Tenant's account (or, if such adjustment is at the end of the Term, Landlord shall pay Tenant), as the case may be, within fifteen (15) days of the aforesaid notice to Tenant, such amounts as may be necessary to effect such adjustment. Failure of Landlord to provide such notice within the time prescribed shall not relieve Tenant of its obligations hereunder. Notwithstanding the foregoing, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Datecommencement of the Term of this Lease, an amount equal to Tenant's share of Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expires.

Appears in 1 contract

Samples: Lease Agreement (Ciao Cucina Corp)

Payment of Proportionate Share of Taxes. Section 12.2 of the General Terms and Conditions to Lease is deleted in its entirety and the following provision is substituted: Tenant's proportionate share Proportionate Share of Taxes shall be paid by Tenant Tenant, at Landlord's election (i) in advance, in equal monthly installments in such amounts as are reasonably estimated and billed for each Tax Year by Landlord commencing July 1, 2008 and at the beginning of each successive Tax Year during the Term by LandlordTerm, each such installment being due on the first day of each calendar monthmonth or (ii) in lump sum, following Landlord's receipt of the tax xxxx for the Tax Year in question, and calculation of Tenant's Proportionate Share with respect thereto. At If Landlord has elected that Tenant pay its Proportionate Share of Taxes in installments, in advance, then, at any time during a Tax Year, Landlord may reestimate re-estimate Tenant's proportionate share Proportionate Share of Taxes and thereafter adjust Tenant's monthly installments payable during the Tax Year to reflect more accurately Tenant's proportionate share Proportionate Share of Taxes. Within one hundred twenty (120) days after Promptly following Landlord's receipt of tax bills for each Tax Year, or such reasonable (in Landlord's determination) time thereafter, Year Landlord will notify Tenant of the amount of Taxes for the Tax Year in question and the amount of Tenant's proportionate share Proportionate Share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share Proportionate Share of Taxes for each Tax Year shall be paid promptlyadjusted between Landlord and Tenant; Tenant shall pay Landlord or Landlord shall credit to Tenant's account (or, if such adjustment is at the end of the Term, Landlord shall pay Tenant), as the case may be, within thirty (30) days of the aforesaid notice to Tenant, such amount necessary to effect such adjustment. Failure of Landlord Landlord's failure to provide such notice within the time prescribed above shall not relieve Tenant of any of its obligations hereunder. Notwithstanding the foregoing, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Date, an amount equal to Tenant's share of Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expires.

Appears in 1 contract

Samples: Office Lease Agreement (Costar Group Inc)

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Payment of Proportionate Share of Taxes. Tenant's proportionate share Proportionate Share of Taxes shall be paid by Tenant Tenant, at Landlord's election (i) in advance, in equal monthly installments in such amounts as are reasonably estimated and billed for each Tax Year by Landlord at the commencement of the Term and at the beginning of each successive Tax Year during the Term by LandlordTerm, each such installment being due on the first day of each calendar monthmonth or (ii) in lump sum, following Landlord's receipt of the tax xxxx for the Tax Year in question, and calculation of Tenant's Proportionate Share with respect thereto. At If Landlord has elected that Tenant pay its Proportionate Share of Taxes in installments, in advance, then, at any time during a Tax Year, Landlord may reestimate re-estimate Tenant's proportionate share Proportionate Share of Taxes and thereafter adjust Tenant's monthly installments payable during the Tax Year to reflect more accurately Tenant's proportionate share Proportionate Share of Taxes. Within one hundred twenty (120) days after Landlord's receipt of tax bills for each Tax Year, or such reasonable time (in Landlord's determination) time thereafter, Landlord will notify Tenant of the amount of Taxes for the Tax Year in question and the amount of Tenant's proportionate share Proportionate Share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share Proportionate Share of Taxes for each Tax Year shall be paid promptlyadjusted between Landlord and Tenant; Tenant shall pay Landlord or Landlord shall credit to Tenant's account (or, if such adjustment is at the end of the Term, Landlord shall pay Tenant), as the case may be, within fifteen (15) days of the aforesaid notice to Tenant, such amount necessary to effect such adjustment. Failure of Landlord Landlord's failure to provide such notice within the time prescribed above shall not relieve Tenant of any of its obligations hereunder. Notwithstanding the foregoing, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Date, an amount equal to Tenant's share of Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expires.

Appears in 1 contract

Samples: Lease Agreement (Asset Acceptance Capital Corp)

Payment of Proportionate Share of Taxes. Tenant's proportionate share of Taxes shall be paid by Tenant in equal monthly installments in such amounts as are reasonably estimated and billed for each Tax Year by Landlord during the Term by LandlordTerm, each such installment being due on the first day of each calendar month. At If at any time during a Tax Year, Year it shall appear that Landlord may reestimate Tenant's proportionate share of Taxes and thereafter adjust Tenant's monthly installments payable during the Tax Year to reflect more accurately has underestimated Tenant's proportionate share of Taxes, it may bill Tenant for any deficiexxx which may have accrued during such Tax Year and thereafter the monthly installment payable by Tenant shall also be adjusted. Within one hundred twenty (120) days after Landlord's receipt of tax bills for each Tax Year, or such reasonable (in Landlord's determination) time thereafter, Landlord will notify Tenant of the amount of Taxes for the Tax Year in question question, and the amount of Tenant's proportionate share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share of Taxes for each Tax Year shall be paid promptlyadjusted between Landlord and Tenant, and Landlord and Tenant hereby agree that Tenant shall pay Landlord or Landlord shall credit to Tenant's account (or, if such adjustment is at the end of the Term, pay Tenant), as the case may be, within thirty (30) days of the aforesaid notification to Tenant, such amount necessary to effect such adjustment. Failure The failure of Landlord to provide such notice notification within the time prescribed above shall not relieve Tenant of its obligations hereunder. Notwithstanding the foregoing, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Date, an amount equal to Tenant's share of Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expires.

Appears in 1 contract

Samples: Lease Agreement (Newriders Inc)

Payment of Proportionate Share of Taxes. Tenant's proportionate share Proportionate Share of Taxes shall be paid by Tenant Tenant, at Landlord's election (i) in advance, in equal monthly installments in such amounts as are reasonably estimated and billed for each Tax Year by Landlord at the commencement of the Term and at the beginning of each successive Tax Year during the Term by LandlordTerm, each such installment being due on the first day of each calendar monthmonth or (ii) in lump sum, following Landlord's receipt of the tax xxxx for the Tax Year in question, and calculation of Tenant's Proportionate Share with respect thereto. At If Landlord has elected that Tenant pay its Proportionate Share of Taxes in installments, in advance, then, at any time during a Tax Year, Landlord may reestimate re-estimate Tenant's proportionate share Proportionate Share of Taxes and thereafter adjust Tenant's monthly installments payable during the Tax Year to reflect more accurately Tenant's proportionate share Proportionate Share of Taxes. Within one hundred twenty (120) days after Promptly following Landlord's receipt of tax bills for each Tax Year, or such reasonable (in Landlord's determination) time thereafter, Year Landlord will notify Tenant of the amount of Taxes for the Tax Year in question and the amount of Tenant's proportionate share Proportionate Share thereof. Any overpayment or deficiency in Tenant's payment 10 of its proportionate share Proportionate Share of Taxes for each Tax Year shall be paid promptlyadjusted between Landlord and Tenant; Tenant shall pay Landlord or Landlord shall credit to Tenant's account (or, if such adjustment is at the end of the Term, Landlord shall pay Tenant), as the case may be, within fifteen (15) days of the aforesaid notice to Tenant, such amount necessary to effect such adjustment. Failure of Landlord Landlord's failure to provide such notice within the time prescribed above shall not relieve Tenant of any of its obligations hereunder. Notwithstanding the foregoing, if Landlord is required under law to pay Taxes in advance, Tenant agrees to pay Landlord, upon Commencement Date, an amount equal to Tenant's share of Taxes for the entire Tax Year in which the Term of this Lease commences, and in such event, at the termination of this Lease, Tenant shall be entitled to a refund of Taxes paid which are attributable to a period after this Lease expires.[SEE RIDER]

Appears in 1 contract

Samples: Office Lease Agreement (Costar Group Inc)

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