Common use of PAYMENT OF TAXES AND OTHER ASSESSMENTS Clause in Contracts

PAYMENT OF TAXES AND OTHER ASSESSMENTS. Landlord shall pay annually all real estate taxes on the demised premises existing at the commencement of this Lease. However, Tenant shall reimburse Landlord for their pro rata share of any and all taxes and other assessments assessed or levied against the premises, as well as any special assessment imposed upon the demised premises for any purpose whatsoever during the term, whether the in taxation results from a higher tax rate or an increase in the assessed valuation of the demised premises or of both. However, if the improvements upon the demised premises are not fully assessed by the local assessor's office during the agreed upon base year, the tax base will be amended in the following manner. The millage rate established in the year as set out above shall be applied to the assessed value of the demised premises when fully assessed by the Tax Assessor's office. Should the full assessment not be completed until after this Lease expires or is terminated, this increase will be due and payable upon demand. If the taxes of the demised premises are increased because of the fixtures added by Tenant, Tenant shall reimburse Landlord for all taxes assessed because of said improvements. Such payment shall be made by Tenant and Landlord not later than thirty (30) days following the date on which Landlord provides Tenant with written evidence of such increase. In the event the premises are less than the entire property assessed for such taxes for any such year, then the tax for any such year applicable to the premises shall be determined by proration on the basis that the rentable floor area of the premises bears to the rentable floor area of the entire property assessed. If the final year of the Lease term fails to coincide with the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax beyond the Lease term. For the purpose of this covenant, it is agreed that the premises demised hereunder contains 6,000 square feet and the rentable area of the building is 10,000 square feet. Tenant's Pro-Rata share is 60.0%.

Appears in 1 contract

Samples: Lease Agreement (Eautoclaims Com Inc)

AutoNDA by SimpleDocs

PAYMENT OF TAXES AND OTHER ASSESSMENTS. Landlord shall Maker will pay annually all real estate taxes taxes, assessments and other governmental, municipal or other public dues, charges, fines, or impositions imposed or levied upon the Mortgaged Property or on the demised premises existing interest created by this Mortgage, or any tax or excise on rents or other tax, however described, assessed or levied by any state, federal or local taxing authority as a substitute, in whole or in part, for taxes assessed or imposed on the Mortgaged Property or on the interest created by this Mortgage, and at least ten (10) days before said taxes, assessments and other governmental charges are due will exhibit receipts therefor to Noteholder. If any tax or assessment is levied, assessed or imposed on Noteholder as a legal holder of the commencement Note or any interest in the documents securing, evidencing or relating to the Note by any governmental authority, then unless all such taxes are paid by Maker as they become due and payable and in the opinion of Noteholder based on consultation with its counsel, such payment by Maker is lawful and does not place Noteholder in violation of any law, Noteholder may, at its option, declare the Indebtedness immediately due and payable, but in this Leaseevent no prepayment premium shall be due or payable. HoweverNotwithstanding the foregoing, Tenant Maker shall reimburse Landlord for their pro rata share have the right to challenge any such levy, assessment or imposition; provided, however, that (1) such a challenge shall be lawful; (2) such a challenge shall not place Noteholder in violation of any law; (3) Maker shall indemnify and hold Noteholder harmless from any and all taxes loss, liability, cost or expense that may arise due to Maker’s challenge; and other assessments assessed or levied against the premises, as well as any special assessment imposed upon the demised premises for any purpose whatsoever during the term, whether the in taxation results from a higher tax rate or an increase in the assessed valuation of the demised premises or of both. However(iv) such contested item and all costs and penalties, if the improvements upon the demised premises are not fully assessed by the local assessor's office during the agreed upon base yearany, the tax base will be amended in the following manner. The millage rate established in the year as set out above shall be applied to the assessed value of the demised premises when fully assessed by the Tax Assessor's office. Should the full assessment not be completed until after this Lease expires or is terminated, this increase will be due and payable upon demand. If the taxes of the demised premises are increased because of the fixtures added by Tenant, Tenant shall reimburse Landlord for all taxes assessed because of said improvements. Such payment shall be made by Tenant and Landlord not later than have been paid at least thirty (30) days following before the date on which Landlord provides Tenant with written evidence of such increase. In the event the premises are less than the entire property assessed for such taxes for Mortgaged Property, or any portion thereof, may be sold in order to satisfy any such yearcontested items. Upon a final determination as to Maker’s challenge, then the tax for Maker shall immediately pay any and all such year applicable taxes, assessments or other governmental charges deemed to the premises shall be determined by proration on the basis that the rentable floor area of the premises bears to the rentable floor area of the entire property assesseddue and payable. If the final year of the Lease term Maker fails to coincide with timely pay or cause such amounts to be paid prior to delinquency, Noteholder may, at its option declare the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax beyond the Lease term. For the purpose of this covenant, it is agreed that the premises demised hereunder contains 6,000 square feet Indebtedness immediately due and the rentable area of the building is 10,000 square feet. Tenant's Pro-Rata share is 60.0%payable.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Financing Statement (TNP Strategic Retail Trust, Inc.)

PAYMENT OF TAXES AND OTHER ASSESSMENTS. Landlord shall pay annually all pay, when they are due, the general real estate property taxes on the demised premises existing at Demised Premises except that Tenant shall be responsible for increases over the commencement Base Tax Rate as set forth in Paragraph 3. Tenant shall pay when due all general ad valorem personal property taxes upon Tenant's personal property or fixtures located upon the Demised Premises. Tenant shall further pay all other taxes, assessments, license fees or other charges during the Term of this Lease. However, Tenant shall reimburse Landlord for their pro rata share Lease which may be imposed by any governmental authority by reason of any and all taxes and other assessments assessed or levied against Tenant's business within the premises, as well as any special assessment imposed upon the demised premises for any purpose whatsoever Demised Premises during the term, whether the in taxation results from a higher tax rate or an increase in the assessed valuation of the demised premises or of both. However, if the improvements upon the demised premises are not fully assessed by the local assessor's office during the agreed upon base year, the tax base will be amended in the following manner. The millage rate established in the year as set out above shall be applied to the assessed value of the demised premises when fully assessed by the Tax Assessor's office. Should the full assessment not be completed until after this Lease expires or is terminated, this increase will be due and payable upon demand. If the taxes of the demised premises are increased because of the fixtures added by Tenant, Tenant shall reimburse Landlord for all taxes assessed because of said improvements. Such payment shall be made by Tenant and Landlord not later than thirty (30) days following the date on which Landlord provides Tenant with written evidence of such increaseTerm. In the event that Tenant shall fail to pay any of said taxes when due, Landlord may pay the premises are less than same pursuant to the entire property assessed for such taxes for provisions of Paragraph 14 hereinafter set forth. Tenant shall have the right, at Tenant's expense, in its or landlord's name, to contest the validity of any tax assessment which Tenant is required to bear, pay and discharge hereunder by appropriate legal proceedings instituted at least ten (10) days before the tax or assessment complained of shall become delinquent, if and provided Tenant, before instituting any such yearcontest, then gives Landlord written notice of its intention so to do, and if and provided further Tenant shall prosecute any such contest, tenant shall at all times effectually stay or prevent any official or judicial sale thereof, under execution or otherwise, and shall pay any final judgment enforcing the tax for any such year applicable to the premises shall be determined by proration on the basis that the rentable floor area of the premises bears to the rentable floor area of the entire property assessed. If the final year of the Lease term fails to coincide with the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax beyond the Lease term. For the purpose of this covenant, it is agreed that the premises demised hereunder contains 6,000 square feet or assessment so contested and the rentable area of the building is 10,000 square feet. Tenant's Pro-Rata share is 60.0%thereafter promptly procure and record satisfaction thereof.

Appears in 1 contract

Samples: Sytron Inc

PAYMENT OF TAXES AND OTHER ASSESSMENTS. Landlord shall pay annually all real estate taxes on the demised premises Demised Premises existing at the commencement of this Lease. However, Tenant shall reimburse Landlord for their pro rata share pay its Pro-Rata Share (as set forth on Schedule A attached hereto) of any and all taxes and other assessments assessed or levied against the premisesDemised Premises, as well as any special assessment imposed upon the demised premises Demised Premises for any purpose whatsoever during the term, whether the in taxation results from a higher tax rate or an increase in the assessed valuation of the demised premises or of both. However, if the improvements upon the demised premises are not fully assessed by the local assessor's office during the agreed upon base year, the tax base will be amended in the following manner. The millage rate established in the year as set out above shall be applied to the assessed value of the demised premises when fully assessed by the Tax Assessor's office. Should the full assessment not be completed until after this Lease expires or is terminated, this increase will be due and payable upon demand. If the taxes of the demised premises are increased because of the fixtures added by Tenant, Tenant shall reimburse Landlord for all taxes assessed because of said improvementsTerm. Such payment shall be made by Tenant and Landlord not later than thirty (30) days following included in the date on which Landlord provides Tenant with written evidence of such increaseCommon Area Charges. In the event the premises Demised Premises are less than the entire property assessed for such taxes for any such tax year, then the tax for any such year applicable to the premises Demised Premises shall be determined by proration on the basis that the rentable floor area of the premises bears to the rentable floor area of the entire property assessed. If the final year of the Lease term fails to coincide calculated in accordance with the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax beyond the Lease term. For the purpose of this covenant, it is agreed that the premises demised hereunder contains 6,000 square feet and the rentable area of the building is 10,000 square feet. Tenant's Pro-Rata share Share as hereinabove defined.. In the event that any documentary stamp tax, or tax levied on the rental, leasing or letting of the Demised Premises, whether local, state or Federal, is 60.0%required to be paid due to execution hereof, the cost thereof shall be borne by Tenant. Tenant at all times shall be responsible for and shall pay, before delinquency, all municipal, county, state or Federal taxes assessed against any leasehold interest or any fixtures, equipment, stock-in-trade or other personal property of any kind, installed or used by Tenant or with Tenant's actual knowledge in or on the Demised Premises. Should any governmental taxing authority acting under any present or future law, ordinance or regulation, levy, assess or impose a tax, excise and/or assessment (other than an income or franchise tax) upon or against the rentals payable by Tenant to Landlord, either by way of substitution or in addition to any existing tax on land or buildings or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse the Landlord for the amount thereof, as the case may be.

Appears in 1 contract

Samples: Lease Agreement (Integrated Business Systems & Services Inc)

AutoNDA by SimpleDocs

PAYMENT OF TAXES AND OTHER ASSESSMENTS. Landlord shall pay annually all real estate taxes on the demised premises Demised Premises existing at the commencement of this Lease. However, Tenant shall reimburse Landlord for their pay its pro rata share (see Paragraph 7) of any and all increases in the taxes and other assessments assessed or levied against the premisesDemised Premises over and above amounts assessed for the year 1990 (the "base year"), as well as any special assessment imposed upon the demised premises Demised Premises for any purpose whatsoever during the termTerm, whether the increase in taxation results from a higher tax rate or an increase in the assessed valuation of the demised premises Demised Premises or of both. However, if the improvements upon the demised premises Demised Premises are not fully assessed by the local assessor's office during the agreed upon base year, the tax base year will be amended in the following manner. The millage rate established in the base year as set out above shall be applied to the fully assessed value of the demised premises when fully assessed by the Tax Assessor's office. Should the full assessment not be completed until after this Lease expires or is terminated, this increase will be due and payable upon demand. If the taxes of the demised premises are increased because of the fixtures added by Tenant, Tenant shall reimburse Landlord for all taxes assessed because of said improvements. Such payment shall be made by Tenant and to Landlord not later than thirty (30) days following the date on which Landlord provides Tenant with written evidence of such increase. In the event the premises Demised Premises are less than the entire property assessed for such taxes for any such tax year, then the tax for any such year applicable to the premises Demised Premises shall be determined by proration on the basis that the rentable floor area of the premises bears to the rentable floor area of the entire property assessedas hereinabove defined. If the final year of the Lease term Term fails to coincide with the tax year, then any excess for the tax year during which the term Term ends shall be reduced by the pro rata part of such tax beyond the Lease termTerm. For In the purpose of this covenantevent that any documentary stamp tax, it is agreed that or tax levied on the premises demised hereunder contains 6,000 square feet and the rentable area rental, leasing or letting of the building Demised Premises, whether local, state or Federal, is 10,000 square feetrequired to be paid due to execution hereof, the cost thereof shall be borne by the Tenant. Tenant's ProTenant at all times shall be responsible for and shall pay, before delinquency, all municipal, county, state or Federal taxes assessed against any leasehold interest or any fixtures, equipment, stock-Rata share is 60.0%in-trade or other personal property of any kind, installed or used in or on the Demised Premises. Should any governmental taxing authority acting under any present or future law, ordinance or regulation, levy, assess or impose a tax, excise and/or assessment (other than an income or franchise tax) upon or against the rentals payable by Tenant to Landlord, either by way of substitution or in addition to any existing tax on land or buildings or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse the Landlord for the amount thereof, as the case may be.

Appears in 1 contract

Samples: Office Lease (Integrated Business Systems & Services Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.