Common use of Real Property Tax Definition Clause in Contracts

Real Property Tax Definition. As used herein, the term “Real Property Taxes” shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord in the Premises or any portion thereof, Landlord’s right to rent or other income therefrom, and/or Landlord’s business of leasing the Premises, including any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law taking effect, during the Term of this Lease, including, without limitation, a change in the ownership of the Premises or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, which such calendar year and tax year have in common. Each year, at Landlord’s election, Landlord may protest real property assessments. In the event Landlord elects to protest a real property tax assessment, Landlord may utilize the services of a tax consultant to protest the real property tax assessment. If as a result of the protest, the Real Property Taxes are lowered, and a tax consultant has been utilized in connection with the protest, Tenant agrees to pay, as additional rent during the Term, all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant from such lowering of Real Property Taxes. Tenant’s Initial /s/ AK Landlord’s Initial /s/ DA Rev.04/18

Appears in 2 contracts

Samples: Cue Health Inc., Cue Health Inc.

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Real Property Tax Definition. As used herein, the term "Real Property Taxes" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises Industrial Center by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord Lessor in the Premises Industrial Center or any portion thereof, Landlord’s Lessor's right to rent or other income therefrom, and/or Landlord’s Lessor's business of leasing the Premises. The following shall be excluded from Peal Property Taxes: penalties and/or interest incurred as a result of Lessor's negligence, including inability, or unwillingness to make payments, or taxes due from other Tenant's Improvements. The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law taking effect, during the Term term of this Lease, including, without limitationbut not limited to, a change in the ownership of the Premises Industrial Center or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, days which such calendar year and tax year have in common. Each year, at Landlord’s election, Landlord may protest real property assessments. In the event Landlord elects to protest a real property tax assessment, Landlord may utilize the services of a tax consultant to protest the real property tax assessment. If as a result of the protest, the Real Property Taxes are lowered, and shall include all expenses reasonably incurred by Lessor in seeking a tax consultant has been utilized in connection with reduction by the protest, Tenant agrees to pay, as additional rent during the Term, all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant from such lowering taxing authorities of Real Property Taxes. Tenant’s Initial /s/ AK Landlord’s Initial /s/ DA Rev.04/18Taxes applicable to the Industrial Center.

Appears in 1 contract

Samples: Accelerated Networks Inc

Real Property Tax Definition. As used herein, the term “Real Property Taxes” shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord Lessor in the Premises or any portion thereof, LandlordLessor’s right to rent or other income therefrom, and/or LandlordLessor’s business of leasing the Premises, including The term “Real Property Taxes” shall also include any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law Requirements taking effect, during the Term of this Lease, including, without limitation, including but not limited to a change in the ownership of the Premises or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, which such calendar year and tax year have in common. Each year, at LandlordLessor’s election, Landlord Lessor may protest real property assessments. In the event Landlord Lessor elects to protest a real property tax assessment, Landlord Lessor may utilize the services of a tax consultant to protest the real property tax assessment. If as a result of the protest, the Real Property Taxes are lowered, and a tax consultant has been utilized in connection with the protest, Tenant Lessee agrees to pay, as additional rent during the Term, all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant Lessee from such lowering of Real Property Taxes. Tenant’s Initial /s/ AK Landlord’s Initial /s/ DA Rev.04/18.

Appears in 1 contract

Samples: Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.)

Real Property Tax Definition. As used herein, the term “Real Property Taxes” "REAL PROPERTY TAXES" shall include any form of real estate tax or of assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises Industrial Center by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord Lessor in the Premises Industrial Center or any portion thereof, Landlord’s . Lessor's right to rent or other income therefrom, and/or Landlord’s Lessor's business of leasing the Premises. The following shall be excluded from Real Property Taxes: penalties and/or interest incurred as a result of Lessor's negligence, including inability, or unwillingness to make payments, or taxes due from other Tenant's Improvements. The term "REAL PROPERTY TAXES" shall also include any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law taking effect, during the Term term of this Lease, including, without limitationbut not limited to, a change in the ownership of the Premises Industrial Center or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained , in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, days which such calendar year and tax year have in common. Each year, at Landlord’s election, Landlord may protest real property assessments. In the event Landlord elects to protest a real property tax assessment, Landlord may utilize the services of a tax consultant to protest the real property tax assessment. If as a result of the protest, the Real Property Taxes are lowered, and shall include all expenses reasonably incurred by Lessor in seeking a tax consultant has been utilized in connection with reduction by the protest, Tenant agrees to pay, as additional rent during the Term, all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant from such lowering taxing authorities of Real Property TaxesTaxes applicable to the Industrial Center. Tenant’s Initial /s/ AK Landlord’s Initial /s/ DA Rev.04/18If any assessment can be paid in installments, Lessor shall be required to do so.

Appears in 1 contract

Samples: Accelerated Networks Inc

Real Property Tax Definition. As used herein, the term "Real Property Taxes" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises Industrial Center by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord Lessor in the Premises Industrial Center or any portion thereof, Landlord’s Lessor's right to rent or other income therefrom, and/or Landlord’s Lessor's business of leasing the Premises, including . The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law taking effect, during the Term term of this Lease, including, without limitation, including but not limited to a change in the ownership of the Premises Industrial Center or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, days which such calendar year and tax year have in common. Each year, at Landlord’s election, Landlord Any assessments which may protest real property assessmentsbe paid in installments shall be deemed payable during the lease term only to the extent that installments are attributable to the lease term on a pro rata basis. In the event Landlord elects to protest a real property tax assessment, Landlord may utilize the services of a tax consultant to protest the real property tax assessment. If as a result Lessee shall not be responsible for any penalties which are incurred solely by reason of the protest, fault of the Real Property Taxes are lowered, and a tax consultant has been utilized in connection with the protest, Tenant agrees to pay, as additional rent during the Term, all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant from such lowering of Real Property Taxes. Tenant’s Initial /s/ AK Landlord’s Initial /s/ DA Rev.04/18Lessor.

Appears in 1 contract

Samples: Kaynar Holdings Inc

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Real Property Tax Definition. As used herein, the term “Real Property Taxes” "REAL PROPERTY TAXES" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises Industrial Center by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord Lessor in the Premises Industrial Center or any portion thereof, Landlord’s Lessor's right to rent or other income therefrom, and/or Landlord’s Lessor's business of leasing the Premises, including . The term "REAL PROPERTY TAXES" shall also include any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law taking effect, during the Term term of this Lease, including, without limitation, including but not limited to a change in the ownership of the Premises Industrial Center or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, days which such calendar year and tax year have in common. Each year, at Landlord’s election, Landlord may protest real property assessments. In the event Landlord elects to protest a real property tax assessment, Landlord may utilize the services of a tax consultant to protest the real property tax assessment. If as a result of the protest, the "Real Property Taxes are loweredTaxes" shall not include (i) any item to the extent otherwise included in Common Area Operating Expenses, and a tax consultant has been utilized (ii) any environmental assessments, charges or liens arising in connection with the protestremediation of Hazardous Substances; (iii) reserves for future Real Property Taxes, Tenant agrees or (iv) any personal property taxes attributable to paysculptures, as additional rent paintings or other objects of art. If a reduction in Real Property Taxes is obtained for any year of the Term during the Term, all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant from such lowering which Lessee paid Lessee's percentage of Real Property Taxes, then Operating Expenses for such year shall be retroactively adjusted and Lessor shall provide Lessee with a credit against Lessee's next due obligations for Base Rent and Lessee's Share of Common Area Operating Expenses or, if none, refund such amount to Lessee within thirty (30) days based on such adjustment. Tenant’s Initial /s/ AK Landlord’s Initial /s/ DA Rev.04/18If, by applicable law, any taxes or assessments may be paid in installments at the option of the taxpayer, then whether or not Lessor elects to pay taxes and assessments in such installments, Lessee's liability for such taxes and assessments shall be computed as if such election had been made, and only the installments thereof for which Lessee would be responsible during the Term shall be included in Lessee's tax obligations.

Appears in 1 contract

Samples: Cardiodynamics International Corp

Real Property Tax Definition. As used herein, the term "Real Property Taxes" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises Industrial Center by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord Lessor in the Premises Industrial Center or any portion thereof, Landlord’s Lessor's right to rent or other income therefrom, and/or Landlord’s Lessor's business of leasing the Premises, including . The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law taking effect, during the Term term of this Lease, including, without limitation, including but not limited to a change in the ownership of the Premises Industrial Center or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, days which such calendar year and tax year have in common. Each yearNotwithstanding the foregoing, at Landlord’s election, Landlord may protest real property assessments. In the event Landlord elects to protest a real property tax assessment, Landlord may utilize the services of a tax consultant to protest the real property tax assessment. If as a result of the protest, the Real Property Taxes are loweredshall not include state, local and a tax consultant has been utilized federal personal or corporate income taxes measured by the net income of Lessor, estate and inheritance taxes, or documentary transfer taxes. Following Lessee's reasonable request, Lessor, in connection with its reasonable discretion, shall at no cost to Lessor, attempt to reduce the protest, Tenant agrees to pay, as additional rent during the Term, all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant from such lowering amount of Real Property Taxes. Tenant’s Initial /s/ AK Landlord’s Initial /s/ DA Rev.04/18Taxes assessed against the Industrial Center and/or Building.

Appears in 1 contract

Samples: Graham Field Health Products Inc

Real Property Tax Definition. As used herein, the term “Real Property Taxes” shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises Industrial Center by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, levied against any legal or equitable interest of Landlord Lessor in the Premises Industrial Center or any portion thereof, LandlordLessor’s right to rent or other income therefrom, and/or LandlordLessor’s business of leasing the Premises, including . The term “Real Property Taxes” shall also include any tax, fee, levy, assessment or charge, or any increase therein, imposed by reason of events occurring, or changes in Applicable Law taking effect, during the Term of this Lease, including, without limitation, including but not limited to a change in the ownership of the Premises Industrial Center or in the improvements thereon, the execution of this Lease, or any modification, amendment or transfer thereof, and whether or not contemplated by the Parties. Notwithstanding anything to the contrary contained in this Lease, Real Property Taxes shall not include excess profits taxes, franchise taxes, gift taxes, capital stock taxes, inheritance and succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Building and/or the Premises) or penalties incurred due to Landlord’s negligence or unwillingness to pay Real Property Taxes when due. In calculating Real Property Taxes for any calendar year, the Real Property Taxes for any real estate tax year shall be included in the calculation of Real Property Taxes for such calendar year based upon the number of days, which such calendar year and tax year have in common. Each year, at LandlordLessor’s election, Landlord Lessor may protest real property assessments. In the event Landlord Lessor elects to protest a real property tax assessment, Landlord Lessor may utilize the services of a tax consultant to protest the real property tax assessment. If as a result of the protest, the Real Property Taxes are lowered, and a tax consultant has been utilized in connection with the protest, Tenant Lessee agrees to pay, as additional rent during the Term, its prorated Lessee’s Share of all fees payable to tax consultants in the manner set forth in this Lease, as long as there is a net benefit to Tenant Lessee from such lowering of Real Property Taxes. TenantNotwithstanding anything to the contrary in this Lease, “Real Property Taxes” shall not include and Lessee shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) levied on Lessor’s Initial /s/ AK Landlordrental income, unless such tax or assessment is imposed in lieu of real property taxes; (b) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest permitted term; (c) imposed on land and improvements other than the Industrial Center; (d) attributable to Lessor’s Initial /s/ DA Rev.04/18net income, inheritance, gift, transfer, estate or state taxes; or (e) resulting from the improvement of any of the Industrial Center for the sole use of other occupants.

Appears in 1 contract

Samples: Attornment Agreement (Pfenex Inc.)

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