Proration of Taxes. For purposes of this Agreement, in the case of any Straddle Period, (a) Property Taxes for the Pre-Closing Tax Period shall be equal to the amount of such Property Taxes for the entire Straddle Period multiplied by a fraction, the numerator of which is the number of days during the Straddle Period that are in the Pre-Closing Tax Period and the denominator of which is the number of days in the entire Straddle Period, and (b) Taxes (other than Property Taxes) for the Pre-Closing Tax Period shall be computed as if such taxable period ended as of the close of business on the Closing Date.
Proration of Taxes. Tenant's share of real property taxes for the years in which this Lease commences or terminates shall be prorated based on the portion of the tax year that this Lease is in effect.
Proration of Taxes. Except as provided in Section 5.15 or 5.16, the portion of any Tax payable with respect to a Straddle Period that is allocable to the portion of the Straddle Period ending on the Closing Date or Facility Transfer Date applicable to the Purchased Asset or Transferred Employee (or, with respect to any Deferred Asset or Deferred Closing Transfer Employee, the applicable Deferred Closing Date) shall be (i) in the case of property and similar ad valorem Taxes and any other Taxes not described in clause (ii) below relating to the Purchased Assets or the Business, equal to the amount of such Taxes for the entire Straddle Period multiplied by a fraction, the numerator of which is the number of days during the Straddle Period that fall on or prior to the Closing Date, Facility Transfer Date or Deferred Closing Date, as applicable, and the denominator of which is the number of days in the entire Straddle Period, and (ii) in the case of sales and similar Taxes, employment Taxes and other Taxes that are readily apportionable based on an actual or deemed closing of the books relating to the Purchased Assets or the Business, computed as if such taxable period ended as of the close of business on the Closing Date or Facility Transfer Date applicable to the Purchased Asset or Transferred Employee or, with respect to any Deferred Asset or Deferred Closing Transfer Employee, the applicable Deferred Closing Date. If any Taxes subject to proration pursuant to the preceding sentence are paid by the Purchaser or its Affiliates, on the one hand, or BSC or its Affiliates, on the other hand, then the proportionate amount of such Taxes for which the non-paying party is responsible under the terms of this Agreement shall be promptly reimbursed to the paying party by the non-paying party after the payment of such Taxes. Any refunds, credits or similar benefits relating to such Taxes shall be allocated between the Purchaser and BSC in the same manner that the Taxes to which the refunds, credits or similar benefits relate were paid, and BSC shall promptly pay to the Purchaser, or the Purchaser shall promptly pay to BSC, as the case may be, the portion of such refund, credit or similar benefit received or realized that is allocable to the other party hereunder.
Proration of Taxes. Payment of any and all state and local real property and personal property taxes levied on the Property and not otherwise provided for in this Agreement shall be prorated between the parties as of the closing of any transaction on the basis of a thirty (30) day month. The parties acknowledge that there are presently no real property taxes assessed against unpatented mining claims, including the unpatented mining claims which constitute the Property.
Proration of Taxes. To the extent necessary to determine the liability for Taxes for a portion of a taxable year or period that begins before and ends after the Closing Date, the determination of the Taxes for the portion of the year or period ending on, and the portion of the year or period beginning after, the Closing Date shall be determined by assuming that the taxable year or period ended as of the close of business on the Closing Date, except that those annual property taxes and exemptions, allowances or deductions that are calculated on an annual basis shall be prorated on a time basis.
Proration of Taxes. There shall be no proration of real estate taxes as the Property is tax exempt.
Proration of Taxes. Except as otherwise agreed to by Purchaser and Seller, whenever it is necessary to determine the liability for Taxes for a portion of a taxable year or period that begins before and ends after the Closing Date, the determination of the Taxes for the portion of the year or period ending on, and the portion of the year or period beginning after, the Closing Date shall be determined by assuming that the taxable year or period ended at the Close of Business on the Closing Date.
Proration of Taxes. Payment of any and all state and local real property and personal property taxes levied on the Property and not otherwise provided for in this Agreement shall be the responsibility of the Owner.
Proration of Taxes. Payment of any and all state and local real property and personal property taxes levied on the Surface of the Property and not otherwise provided for in this Agreement shall be prorated between the parties as of the closing of any transaction on the basis of a thirty (30) day month.
Proration of Taxes. Except as otherwise agreed to by the parties, whenever it is necessary to determine the liability for Taxes for a portion of a taxable year or period that begins before and ends on or after the Closing Date, the determination of the Taxes for the portion of the year or period ending on, and the portion of the year or period beginning on or after, the Closing Date shall be determined by assuming that the taxable year or period ended at 11:59 P.M. California time on the day prior to the Closing Date.
