Common use of Real Property Taxes and Assessments Clause in Contracts

Real Property Taxes and Assessments. The Tenant shall pay to the Landlord on the first day of each month, as additional rent, the Tenant's Prorata Share of all real estate taxes and special assessments levied and assessed against the Building in which the Leased Premises are located and the Common Areas. If the first and last years of the Lease Term are not calendar years, the obligations of the Tenant hereunder shall be prorated for the number of days during the calendar year that this Lease is in effect. The monthly payments for such taxes and assessments shall be $ 1,292.62 until the Landlord receives the first tax statement for the referred to properties. Thereafter, the monthly payments shall be based upon 1/12th of the prior year's taxes and assessments. Once each year the Landlord shall determine the actual Tenant's Prorata Share of taxes and assessments for the prior year and if the Tenant has paid less than the Tenant's Prorata Share for the prior year the Tenant shall pay the deficiency to the Landlord with the next payment of Base Monthly Rent, or, if the Tenant has paid in excess of the Tenant's Prorata Share for the prior year the Landlord shall forthwith refund said excess to the Tenant. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to pay any portion of any tax or assessment expense (i) levied on Landlord's rental income, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest possible term; (iii) imposed on land and improvements other than the Area; or (iv) attributable to Landlord's net income, inheritance, gift, transfer, franchise, estate or state taxes. Tenant may in good faith contest any tax or assessment, provided that Tenant indemnifies Landlord from any loss or liability in connection therewith.

Appears in 2 contracts

Samples: Lease Agreement Office and Industrial Space (Heska Corp), Lease Agreement Office and Industrial Space (Heska Corp)

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Real Property Taxes and Assessments. The Tenant shall pay to the Landlord on the first day of each month, as additional rent, the Tenant's Prorata Share of all real estate taxes and special assessments levied and assessed against the Building in which the Leased Premises are located and the Common Areas. If the first and last years of the Lease Term are not calendar years, the obligations of the Tenant hereunder shall be prorated for the number of days during the calendar year that this Lease is in effect. The monthly payments for such taxes and assessments shall be $ 1,292.62 $6,356.00 until the Landlord receives the first tax statement for the referred to properties. Thereafter, the monthly payments shall be based upon 1/12th of the prior year's taxes and assessments. Once each year the Landlord shall determine the actual Tenant's Prorata Share of taxes and assessments for the prior year and if the Tenant has paid less than the Tenant's Prorata Share for the prior year the Tenant shall pay the deficiency to the Landlord with the next payment of Base Monthly Rent, or, if the Tenant has paid in excess of the Tenant's Prorata Share for the prior year the Landlord shall forthwith refund said excess to the Tenant. Notwithstanding anything to Additionally, upon Lease expiration or termination Landlord shall also determine Tenant's Prorata Share of taxes and assessments for the contrary contained calendar year in this Lease, which the Lease expires or terminates based on the most recent valuation and estimate of taxes provided by Boulder County. If the Tenant has paid less than the Tenant's prorated Prorata Share for the current year the Tenant shall not be required to pay any portion of any tax or assessment expense (i) levied on Landlord's rental incomethe deficiency, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) or, if the Tenant has paid in excess of the amount which would be payable if such tax or assessment expense were paid in installments over Tenant's prorated Prorata Share for the longest possible term; (iii) imposed on land and improvements other than current year the Area; or (iv) attributable Landlord shall forthwith refund the excess to Landlord's net income, inheritance, gift, transfer, franchise, estate or state taxes. Tenant may in good faith contest any tax or assessment, provided that Tenant indemnifies Landlord from any loss or liability in connection therewiththe Tenant.

Appears in 1 contract

Samples: Lease Agreement Office and Industrial Space (Advanced Energy Industries Inc)

Real Property Taxes and Assessments. The Tenant shall pay to the Landlord on the first day of each month, as additional rent, the Tenant's ’s Prorata Share of all real estate taxes and special assessments levied and assessed against the Building in which the Leased Premises are located and the Common Areas. If the first and last years of the Lease Term are not calendar years, the obligations of the Tenant hereunder shall be prorated for the number of days during the calendar year that this Lease is in effect. The monthly payments for such taxes and assessments shall be $ 1,292.62 $9,878.34 until the Landlord receives the first tax statement for the referred to properties. Thereafter, the monthly payments shall be based upon 1/12th of the prior year's ’s taxes and assessments. Once each year the Landlord shall determine the actual Tenant's ’s Prorata Share of taxes and assessments for the prior year and if the Tenant has paid less than the Tenant's ’s Prorata Share for the prior year the Tenant shall pay the deficiency to the Landlord with the next payment of Base Monthly Rent, or, if the Tenant has paid in excess of the Tenant's ’s Prorata Share for the prior year the Landlord shall forthwith refund said excess to the Tenant. Notwithstanding anything to Additionally, upon Lease expiration or termination Landlord shall also determine Tenant’s Prorata Share of taxes and assessments for the contrary contained calendar year in this Lease, which the Lease expires or terminates based on the most recent valuation and estimate of taxes provided by Boulder County. If the Tenant has paid less than the Tenant’s prorated Prorata Share for the current year the Tenant shall not be required to pay any portion of any tax or assessment expense (i) levied on Landlord's rental incomethe deficiency, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) or, if the Tenant has paid in excess of the amount which would be payable if Tenant’s prorated Prorata Share for the current year the Landlord shall forthwith refund the excess to the Tenant within thirty (30) days of such tax or assessment expense were paid in installments over the longest possible term; (iii) imposed on land and improvements other than the Area; or (iv) attributable to Landlord's net income, inheritance, gift, transfer, franchise, estate or state taxes. Tenant may in good faith contest any tax or assessment, provided that Tenant indemnifies Landlord from any loss or liability in connection therewithdetermination.

Appears in 1 contract

Samples: Lease Agreement (New Frontier Media Inc)

Real Property Taxes and Assessments. The Tenant shall pay to the Landlord on the first day of each month, as additional rent, the Tenant's Prorata Share of all real estate taxes and special assessments levied and assessed against the Building in which the Leased Premises are located and the Common Areas. If the first and last years of the Lease Term are not calendar years, the obligations of the Tenant hereunder shall be prorated for the number of days during the calendar year that this Lease is in effect. The monthly payments for such taxes and assessments shall be $ 1,292.62 4,209.00 until the Landlord receives the first tax statement for the referred to properties. Thereafter, the monthly payments shall be based upon 1/12th of the prior year's taxes and assessments. Once each year the Landlord shall determine the actual Tenant's Prorata Share of taxes and assessments for the prior year and if the Tenant has paid less than the Tenant's Prorata Share for the prior year the Tenant shall pay the deficiency to the Landlord with the next payment of Base Monthly Rent, or, if the Tenant has paid in excess of the Tenant's Prorata Share for the prior year the Landlord shall forthwith refund said excess to the Tenant. Notwithstanding anything to Additionally, upon Lease Agreement expiration or termination Landlord shall also determine Tenant's Prorata Share of taxes and assessments for the contrary contained calendar year in this Lease, which the Lease Agreement expires or terminates based on the most recent valuation and estimate of taxes provided by Boulder County. If the Tenant has paid less than the Tenant's prorated Prorata Share for the current year the Tenant shall not be required to pay any portion of any tax or assessment expense (i) levied on Landlord's rental incomethe deficiency, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) or, if the Tenant has paid in excess of the amount which would be payable if such tax or assessment expense were paid in installments over Tenant's prorated Prorata Share for the longest possible term; (iii) imposed on land and improvements other than current year the Area; or (iv) attributable Landlord shall forthwith refund the excess to Landlord's net income, inheritance, gift, transfer, franchise, estate or state taxes. Tenant may in good faith contest any tax or assessment, provided that Tenant indemnifies Landlord from any loss or liability in connection therewiththe Tenant.

Appears in 1 contract

Samples: Lease Agreement (Transgenomic Inc)

Real Property Taxes and Assessments. The Tenant shall pay to the Landlord on the first day of each month, as additional rent, the Tenant's Prorata Share of all real estate taxes and special assessments levied and assessed against the Building in which the Leased Premises are located and the Common Areas. If the first and last years of the Lease Term are not calendar years, the obligations of the Tenant hereunder shall be prorated for the number of days during the calendar year that this Lease is in effect. The monthly payments for such taxes and assessments shall be $ 1,292.62 $935.00 until the Landlord receives the first tax statement for the referred to properties. Thereafter, the monthly payments shall be based upon 1/12th of the prior year's taxes and assessments. Once each year the Landlord shall determine the actual Tenant's Prorata Share of taxes and assessments for the prior year and if the Tenant has paid less than the Tenant's Prorata Share for the prior year the Tenant shall pay the deficiency to the Landlord with the next payment of Base Monthly Rent, or, if the Tenant has paid in excess of the Tenant's Prorata Share for the prior year the Landlord shall forthwith refund said excess to the Tenant. Notwithstanding anything to Additionally, upon Lease expiration or termination Landlord shall also determine Tenant's Prorata Share of taxes and assessments for the contrary contained calendar year in this Lease, which the Lease expires or terminates based on the most recent valuation and estimate of taxes provided by Boulder County. If the Tenant has paid less than the Tenant's prorated Prorata Share for the current year the Tenant shall not be required to pay any portion of any tax or assessment expense (i) levied on Landlord's rental incomethe deficiency, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) or, if the Tenant has paid in excess of the amount which would be payable if such tax or assessment expense were paid in installments over Tenant's prorated Prorata Share for the longest possible term; (iii) imposed on land and improvements other than current year the Area; or (iv) attributable Landlord shall forthwith refund the excess to Landlord's net income, inheritance, gift, transfer, franchise, estate or state taxes. Tenant may in good faith contest any tax or assessment, provided that Tenant indemnifies Landlord from any loss or liability in connection therewiththe Tenant.

Appears in 1 contract

Samples: Lease Agreement Office and Industrial Space (Heska Corp)

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Real Property Taxes and Assessments. The Tenant shall pay to the Landlord on the first day of each month, as additional rent, the Tenant's Prorata Share of all real estate taxes and special assessments levied and assessed against the Building in which the Leased Premises are located and the Common Areas. If the first and last years of the Lease Term are not calendar years, the obligations of the Tenant hereunder shall be prorated for the number of days during the calendar year that this Lease is in effect. The monthly payments for such taxes and assessments shall be $ 1,292.62 $1,961.00 until the Landlord receives the first tax statement for the referred to properties. Thereafter, the monthly payments shall be based upon 1/12th of the prior year's taxes and assessments. Once each year the Landlord shall determine the actual Tenant's Prorata Share of taxes and assessments for the prior year and if the Tenant has paid less than the Tenant's Prorata Share for the prior year the Tenant shall pay the deficiency to the Landlord with the next payment of Base Monthly Rent, or, if the Tenant has paid in excess of the Tenant's Prorata Share for the prior year the Landlord shall forthwith refund said excess to the Tenant. Notwithstanding anything to Additionally, upon Lease expiration or termination Landlord shall also determine Tenant's Prorata Share of taxes and assessments for the contrary contained calendar year in this Lease, which the Lease expires or terminates based on the most recent valuation and estimate of taxes provided by Boulder County. If the Tenant has paid less than the Tenant's prorated Prorata Share for the current year the Tenant shall not be required to pay any portion of any tax or assessment expense (i) levied on Landlord's rental incomethe deficiency, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) or, if the Tenant has paid in excess of the amount which would be payable if such tax or assessment expense were paid in installments over Tenant's prorated Prorata Share for the longest possible term; (iii) imposed on land and improvements other than current year the Area; or (iv) attributable Landlord shall forthwith refund the excess to Landlord's net income, inheritance, gift, transfer, franchise, estate or state taxes. Tenant may in good faith contest any tax or assessment, provided that Tenant indemnifies Landlord from any loss or liability in connection therewiththe Tenant.

Appears in 1 contract

Samples: Lease Agreement Office and Industrial Space (Heska Corp)

Real Property Taxes and Assessments. The Tenant Lessee shall pay to the Landlord on the first day of each month, as additional rent, the Tenant's Prorata Share of all increases in real estate property taxes and special assessments, whether the increase results from increased rates and/or valuation levied and assessed against the premises, over and above those real property taxes and assessments levied and assessed against the Building in which premises for the Leased Premises are located and the Common Areasbase year 2006. If the first premises are not separately assessed, Lessee's proportionate share of real property taxes and last years assessments increases shall be the product of the Lease Term are not calendar yearsincrease, multiplied by a fraction, the obligations numerator of which the total number of square feet included in the premises and the denominator of which is the total number of square feet in all buildings included in the tax parcel. Each year Lessor shall notify Lessee of the Tenant hereunder real property taxes and assessments and together with such notice shall be prorated furnish Lessee with a copy of the tax xxxx, and a copy of the tax xxxx for the number base year if not previously furnished. Lessee shall pay Lessor for the increase in the real property taxes and assessments not later than ten (10) days after receipt of days during the calendar year that this Lease is in effectnotice from Lessor. The monthly payments for such Lessee's liability to pay real property taxes and assessments shall be $ 1,292.62 until prorated on the Landlord receives basis of a 365-day year to account for any fractional portion of a fiscal tax year included in the first tax statement for the referred term at its commencement and expiration. Lessee's obligation to properties. Thereafter, the monthly payments shall be based upon 1/12th of the prior year's taxes and assessments. Once each year the Landlord shall determine the actual Tenant's Prorata Share of pay increases in real property taxes and assessments for the prior last year of the term of this lease shall survive the expiration or earlier termination of this lease. For the purposes of this lease, "real property taxes and if the Tenant has paid less than the Tenant's Prorata Share for the prior year the Tenant assessments" shall pay the deficiency mean and include all real property taxes and personal property taxes, general and special assessments, foreseen as well as unforeseen, which are levied or assessed upon or with respect to the Landlord property on which the premises is situated, any improvements, fixtures, equipment and other property of Lessor, real or personal, located on the property and used in connection with the next payment operation of Base Monthly Rent, or, if the Tenant has paid in excess of the Tenant's Prorata Share for the prior year the Landlord shall forthwith refund said excess to the Tenant. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not be required to pay all or any portion of the property, as well as any tax tax, surcharge or assessment expense (i) which shall be levied on Landlord's rental income, unless such tax or assessment expense is imposed assessed in addition to or in lieu of such real or personal property taxes; (ii) taxes and assessments. Real property taxes and assessments shall also include any expenses incurred by Lessor in excess of contesting the amount which would be payable if such tax or assessment expense were paid in installments over the longest possible term; (iii) imposed on land validity of any real or personal property taxes and improvements other than the Area; or (iv) attributable to Landlord's net incomeassessments. Real property taxes and assessments shall not, however, include any franchise, gift, estate, inheritance, giftconveyance, transfer, franchise, estate transfer or state taxes. Tenant may in good faith contest any net income tax or assessment, provided that Tenant indemnifies Landlord from any loss or liability in connection therewithassessed against Lessor.

Appears in 1 contract

Samples: Industrial Lease (Virtra Systems Inc)

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