Common use of Payment of Taxes and Assessments Clause in Contracts

Payment of Taxes and Assessments. Tenant shall pay, prior to delinquency: (a) all real property taxes, personal property taxes, GPLET and other taxes, assessments, levies, fees, fines and penalties and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which now or hereafter under existing or future Applicable Laws are imposed or levied upon, measured or assessed during the Lease Term against (i) the Premises, (ii) any Annual Rent, Municipal Service Fees, or any Additional Rent or other sum payable by Tenant hereunder or (iii) this Lease, the leasehold estate hereby created or which arises in respect of the operation, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Fees, or other amounts payable to Landlord hereunder, but not income taxes (collectively, the “Taxes”). If Tenant fails to pay any Taxes before they become delinquent, Landlord, after notice to Tenant, may pay such delinquent Taxes, and all expenditures and costs incurred thereby shall be payable as Additional Rent hereunder within ten (10) days after such notice to Tenant. Tenant will furnish to Landlord, promptly after demand therefor, proof of payment of all Taxes payable by Tenant. Tenant may pay such Taxes in installments if legally permitted to do so.

Appears in 3 contracts

Samples: Land and Improvements Lease, Land and Improvements Lease, Land and Improvements Lease

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Payment of Taxes and Assessments. Tenant shall paypay or cause to be paid without any abatement, prior to delinquency: deduction, diminution or offset (aexcept as permitted by Paragraph 5.3), (i) all real property taxes, and personal property taxes, GPLET general and special assessments, excises, impositions, levies and other taxes, assessments, levies, fees, fines and penalties and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which charges of every description now or hereafter under existing levied on, assessed against or future Applicable Laws are otherwise imposed with respect to, the Land, improvements located on the Land, personal property located on or levied upon, measured in the Land or assessed during the Lease Term against (i) the Premises, (ii) any Annual Rent, Municipal Service Fees, or any Additional Rent or other sum payable by Tenant hereunder or (iii) this LeaseImprovements, the leasehold estate hereby created hereby, or which arises in respect any subleasehold estate or any right of the operationoccupancy under any concession, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Feeslicense, or other amounts payable agreement, and (ii) the portion of any taxes or other impositions in the nature of a tax on Landlord’s right to do business attributable to Landlord’s rights, powers, duties, or obligations under this Lease, to the full extent of installments accruing during the term of this Lease, whether belonging to, or chargeable against, Landlord hereunderor Tenant, but not income taxes or anyone claiming by, through, or under Tenant (collectivelyhereinafter, the “collectively ‘Taxes). If In addition, Tenant fails to shall also pay any Taxes before they become delinquent, Landlord, after notice to Tenant, may pay such delinquent Taxes, and however described, which may hereafter be levied, assessed, or imposed in lieu of, as a substitute (in whole or in part) for, or as an addition to, any other Taxes payable by Tenant hereunder. Tenant shall make all expenditures and costs incurred thereby shall be payable as Additional Rent hereunder within such payments direct to the charging authority at least ten (10) days after such notice to Tenantbefore delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment. Tenant will furnish to LandlordIf, promptly after demand thereforhowever, proof of the law expressly permits the payment of all Taxes payable by Tenant. Tenant may pay such the Taxes in installments (whether or not interest accrues on the unpaid balance) Tenant may, at Tenant’s election, utilize the permitted installment method, but shall pay each installment with interest, if legally permitted any, before delinquency. Notwithstanding the above, no affirmative obligation shall be created for the Tenant to do sopay any tax, assessment, or other charge which is not or cannot under any circumstances result in a lien against the Land, Improvements, or leasehold estate or Tenant’s or Landlord’s interest therein, excepting any Tax described in clause (ii), above.

Appears in 2 contracts

Samples: Ground Lease (Palace Entertainment Holdings, Inc.), Ground Lease (Palace Entertainment Holdings, Inc.)

Payment of Taxes and Assessments. Tenant shall payBorrower will pay before any penalty attaches, prior to delinquency: (a) all real property taxes, personal property taxes, GPLET general and other special taxes, assessments, levieswater charges, sewer charges, and other fees, fines taxes, charges and penalties assessments of every kind and nature whatsoever (all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which now or hereafter under existing or future Applicable Laws are imposed or levied upon, measured or assessed during the Lease Term against (i) the Premises, (ii) any Annual Rent, Municipal Service Fees, or any Additional Rent or other sum payable by Tenant hereunder or (iii) this Lease, the leasehold estate hereby created or which arises in respect of the operation, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Fees, or other amounts payable to Landlord hereunder, but not income taxes (collectively, the herein generally called “Taxes”). If Tenant fails , whether or not assessed against Borrower, if applicable to the Property or any interest therein, or the Indebtedness, or any obligation or agreement secured hereby, subject to Borrower’s right to contest the same, as provided by the terms hereof; and Borrower will pay all other charges prior to delinquency, including without limitation, governmental impositions, vault charges and license fees for the use of vaults, chutes and similar areas adjoining the Real Estate, now or hereafter levied or assessed or imposed against the Property or any Taxes before they become delinquentpart thereof, Landlordall ground rents, after notice maintenance charges, charges for utility services provided to Tenantthe Property and similar charges, may pay such delinquent Taxesencumbrances and liens, now or hereafter levied or assessed or imposed against the Property or any part thereof (the “Other Charges”), and all expenditures costs, fees and costs incurred thereby expenses arising from or relating to this Deed of Trust, including without limitation cost of evidence of title and Trustee’s fees in connection with any foreclosure sale, whether completed or not, which amounts shall become due upon demand. Borrower will deliver to Lender, promptly upon Xxxxxx’s request, evidence reasonably satisfactory to Lender that the Taxes, Other Charges and utility service charges have been so paid or are not then delinquent. Borrower shall not suffer and shall promptly cause to be payable as Additional Rent hereunder within ten (10) days after such notice paid and discharged any lien or charge whatsoever which may be or become a lien or charge against the Property, except liens permitted by the terms of this Deed of Trust. Except to Tenant. Tenant will the extent sums sufficient to pay all Taxes and Other Charges have been deposited with Lender in accordance with the term of this Deed of Trust, Borrower shall furnish to Landlord, promptly after demand therefor, proof of Lender or shall cause its tenants to furnish to Lender paid receipts for the payment of all the Taxes payable by Tenant. Tenant may pay such Taxes in installments if legally permitted and Other Charges prior to do sothe date the same shall become delinquent.

Appears in 1 contract

Samples: Grubb & Ellis Healthcare REIT, Inc.

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Payment of Taxes and Assessments. Tenant shall pay, prior to delinquency: (a) Pay when due all real property taxes, personal property taxes, GPLET assessments and other taxesgovernmental charges or levies which become due and payable by the Borrower to any political entity, assessments, levies, fees, fines and penalties and all other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, which subdivision or department thereof under any law now or hereafter under existing in force or future Applicable Laws are imposed or levied uponeffect. The Borrower however, measured or assessed during the Lease Term against (i) the Premises, (ii) any Annual Rent, Municipal Service Fees, or any Additional Rent or other sum payable by Tenant hereunder or (iii) this Lease, the leasehold estate hereby created or which arises in respect of the operation, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or measured by any Annual Rent, Municipal Service Fees, or other amounts payable to Landlord hereunder, but shall not income taxes (collectively, the “Taxes”). If Tenant fails be required to pay any Taxes before they become delinquenttax, Landlordcharge or assessment so long as the Borrower shall contest, after notice in good faith and at its cost and expense, in its own name and behalf, the amount or validity thereof, in an appropriate manner or by appropriate proceedings which shall operate during the pendency thereof to Tenantprevent the collection of or other realization upon the tax, may pay assessment, levy or charge so contested, provided that no such delinquent Taxes, contest shall subject the Lender to the risk of any liability and all expenditures and costs incurred thereby that the Borrower shall take appropriate reserves or provide appropriate bond or collateral in respect thereof. Each such contest shall be payable as Additional Rent hereunder within ten promptly prosecuted to final conclusion (10subject to the right of the Borrower to settle any such contest) days after such notice to Tenant. Tenant and the Borrower will furnish to Landlord, promptly after demand thereforthe final determination of such contest or settlement thereof (including any appeals), proof pay and discharge the amounts which shall be levied, assessed or imposed or determined to be payable therein, together with all penalties, fines, interests, costs and expenses thereon or incurred in connection therewith. The Borrower shall give the Lender prompt written notice of payment of all Taxes payable by Tenant. Tenant may pay any such Taxes in installments if legally permitted to do socontest.

Appears in 1 contract

Samples: Loan and Security Agreement (Asta Funding Inc)

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