Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises and located thereon, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.
Appears in 3 contracts
Sources: Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp), Lease Agreement (Lsi Logic Corp)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 3 contracts
Sources: Sublease (Gigamon Inc.), Lease Agreement (Palo Alto Networks Inc), Lease Agreement (Blue Coat Systems Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 2 contracts
Sources: Sublease (Atheros Communications Inc), Lease Agreement (Redback Networks Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Project or any portion thereof, or Landlord’s interest hereintherein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Project and located thereon, or Landlord’s business of owning, leasing or managing the Project or the gross receipts, income, or rentals from the Project: (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage sewage, or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased PremisesProject, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Project prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals rental from the Leased PremisesProject, or on Landlord’s business of owning, leasing or managing the Leased Premises Project or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” ”. Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 2 contracts
Sources: Industrial Space Lease (Adeza Biomedical Corp), Industrial Space Lease (Adeza Biomedical Corp)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Partythe federal or state income tax imposed on Landlord's income from all sources, or (e) any personal property tax penalties provided that Tenant has paid taxes attributable to items not owned by Tenant or utilized by Tenant reimbursed Landlord within the time periods required in connection with Tenant’s operations at the Leased Premisesthis Lease.
Appears in 2 contracts
Sources: Lease Agreement (Vantive Corp), Lease Agreement (Vantive Corp)
Real Property Taxes. The term “Real Property Tax” or “"Real Property Taxes” ", as used in this Lease, shall each mean Tenant’s Proportionate Share of ({i) } all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen forseen and unforeseen unforseen (including all instruments install ments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments assessments caused by any change in ownership or new construction), of the Complex now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises or any portion thereofagainst, or otherwise changed) or Landlord’s 's interest herein, or therein; any improvements located within the Complex (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin the Complex; or parking areas, (public utilities, or energy within the Complex; {ii) } all chargeschanges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, complex; and {iii} all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, If at any time during the term of this Lease Term, the taxation or assessment of the Leased Premises Complex prevailing as of the Effective Date commencement date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed, or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, alternate or additional use tax or charge ({i) } on the value, size, use or occupancy of the Leased Premises Complex or Landlord’s 's interest therein or ({ii) } on or measured by the gross receipts, income or rentals from the Leased PremisesComplex, on Landlord's business of leasing the Complex, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased PremisesComplex, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes” " for the purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesComplex, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Complex shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes.” ". Notwithstanding the foregoing, the terms “Real Property Tax” or “term "Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at state net income tax imposed on the Leased PremisesLandlord's income from all sources.
Appears in 2 contracts
Sources: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Real Property Taxes. Tenant shall pay to Landlord in equal estimated monthly installments, all Real Property Taxes relating to the Premises, which shall be considered as Additional Rent payable in accordance with Section 5 of this Lease. In the event the Premises leased hereunder consists of only a portion of the entire parcel being taxed, Tenant shall pay to Landlord the proportionate share of such Real Property Taxes allocated to the Premises during the Lease Term by square footage or other reasonable basis as calculated and determined solely by Landlord. The term “Real Property TaxTaxes,” or “Real Property Taxes” as used herein, shall each mean Tenant’s Proportionate Share of and include (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including including, without limitation, all instruments installments of principal and interest required to pay any general or special assessments for public improvements improvements, and any increases resulting from reassessments caused by any change in ownership of the Premises or new construction), otherwise) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to the Leased Premises value, occupancy, or use of all or any portion thereofof the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest herein, or therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin or about the Premises; and landscaping areas , walkways, parking areas, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size ; and (whether measured in area, volume, number of tenants or whateveriii) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, If at any time during the term of this Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Date commencement date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owningleasing the Premises, leasing or managing based on vehicular ownership, parking, employment, production or the Leased Premises like, or (iii) computed in any manner with respect to the operation or existence of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based in part upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or term “Real Property Taxes” shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. If the tax billing pertains entirely to the Premises, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future and Landlord elects by written notice to Tenant to have Tenant pay such Real Property TaxesTaxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain all tax and assessment bills pertaining to the Premises, and to pay (dprior to delinquency) environmental assessmentsall Real Property Taxes pertaining to the Premises, charges and all interest and penalties (if any) for non-payment or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant late payment thereof. Failure to request or receive a Tenant ▇▇▇▇ for taxes and/or assessments shall not alter or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with extinguish Tenant’s operations at responsibility to pay the Leased Premisesabove.
Appears in 2 contracts
Sources: Lease Agreement (Tintri, Inc.), Lease Agreement (Tintri, Inc.)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperly, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 2 contracts
Sources: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to or tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Project or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Project and located thereon, or Landlord’s business of owning, leasing or managing the Project or the gross receipts, income or rentals from the Project; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased PremisesProject, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Project prevailing as of the Effective Date of Landlord Initials W Tenant Initials NH this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, or on Landlord’s business of owning, leasing or managing the Leased Premises Project or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 2 contracts
Sources: Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Corsair Gaming, Inc.)
Real Property Taxes. As Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord (or if Landlord so directs, directly to the Tax Collector prior to the delinquency date) all Real Property Taxes relating to the Premises accruing with respect to the Premises during the Term of this Lease and the Extended Term (if any). The term “Real Property Tax” or “Real Property Taxes” shall each mean also include supplemental taxes related to the period of Tenant’s Term whenever levied, including any such taxes that may be levied after the Term as expired. In the event the Premises leased hereunder consist of only a portion of the entire tax parcel, Tenant shall pay to Landlord, monthly in advance or as they become due, pursuant to statements submitted to Tenant by Landlord, Tenant’s Proportionate Share of such real estate taxes allocated to the Premises by square footage or other reasonable basis as calculated and determined by Landlord. If the tax billing pertains 100% to the Premises, and Landlord chooses to have Tenant pay said real estate taxes directly to the Tax Collector, then in such event Landlord agrees to obtain and forward to Tenant the relevant tax and assessments bills and Tenant shall pay, prior to delinquency, the applicable real property taxes and assessments pertaining to the Premises. The term “Real Property Taxes”, as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), of the Premises) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to the Leased Premises value, occupancy or use of, all or any portion thereofof the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest herein, or therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin the Premises; or parking areas, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon other governmental control of the use of or number of parking spaces within the Leased Premises, provided that such charges, levies or fees are not imposed as a penalty for the amount specific acts of public services or public utilities used or consumed any third party not related to Tenant; and (e.g. water, gas, electricity, sewage or waste water disposaliii) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, If at any time during the Term of this Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Commencement Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.or
Appears in 2 contracts
Sources: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Project or any portion thereof, or Landlord’s interest hereintherein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Project and located thereon, or Landlord’s business of owning, leasing or managing the Project or the gross receipts, income or rentals from the Project; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. e.g., water, gas, electricity, sewage or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased PremisesProject, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Project prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, or on Landlord’s business of owning, leasing or managing the Leased Premises Project or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” ”. Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant tax imposed on Landlord’s income from all sources or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesdocumentary transfer taxes.
Appears in 2 contracts
Sources: Industrial Space Lease (Silicon Graphics International Corp), Industrial Space Lease (Rackable Systems, Inc.)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean the sum of Tenant’s Proportionate 's Property Share (as to the land component of the Property) and Tenant's Expense Share (as to the Building and other improvements in the Outside Areas) of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.any
Appears in 2 contracts
Sources: Lease (Juniper Networks Inc), Lease Agreement (Juniper Networks Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to or tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Project or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Project and located thereon, or Landlord’s business of owning, leasing or managing the Project or the gross receipts, income or rentals from the Project; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased PremisesProject, the size (whether measured in area, areas volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Project prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, or on Landlord’s business of owning, leasing or managing the Leased Premises Project or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 1 contract
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean the sum of Tenant’s Proportionate 's Property Share (as to the land component of the Property) and Tenant's Expense Share (as to the Building and other improvements in the Outside Areas) of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.
Appears in 1 contract
Sources: Lease (Juniper Networks Inc)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental govemmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental govenmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises."
Appears in 1 contract
Real Property Taxes. The term “Real Property Tax” or “For purposes of this Lease, "Real Property Taxes” " shall each mean Tenant’s Proportionate Share of (i) any and all federal, state and local governmental taxes, assessments, levies assessments and other charges of any kind or nature whatsoevernature, general and whether general, special, foreseen and unforeseen (including all instruments of principal and interest required ordinary or extraordinary, which Landlord shall pay or become obligated to pay any general because of or in connection with the ownership, leasing, renting, management, control or operation of the Project or of the personal property, fixtures, machinery, equipment, systems and apparatus located therein or used in connection therewith. Real Property Taxes shall include, without limitation, real estate taxes, personal property taxes, sewer rents, water rents, assessments (special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new constructionotherwise), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises and located thereon, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premisestransit taxes, and ad valorem taxes. Real Property Taxes shall also include all tees, costs and expenses (including, without limitation, reasonable legal fees (including reasonable attorneys’ feesand court costs) reasonably incurred paid by Landlord in contesting connection with protesting or contesting, or seeking a refund or reduction of, any of the aforesaid Real Property Tax and in negotiating with public authorities as to any Real Property TaxTaxes, and (iii) all tax increases due to improvements made to regardless of whether the Leased Premises by Tenant or by Landlord on behalf of Tenantis ultimately successful. If, If at any time during the Lease TermTerm hereof, a tax or excise on rents or income or other tax however described (herein called "Rent Tax") is levied or any political subdivision thereof, on account of the Rent hereunder or the interest of Landlord under this Lease, such Rent Tax shall constitute and be included in Real Property Taxes, provided, however, that in no event shall Tenant be obligated (a) to pay for any year any greater amount as a result of such Rent Tax than would have been payable by Tenant had the rentals paid to Landlord under all Project leases (being the rentals upon which such taxes are imposed) been the sole taxable income of Landlord for the year in question or (b) to pay or to reimburse Landlord for any tax of any kind assessed against Landlord on account of any such Rent Tax having been reimbursed to Landlord by Tenant or any third party. For the purposes of determining Real Property Taxes for any given calendar year, the taxation amount to be included for such calendar year (a) from special taxes or assessment assessments payable in installments, shall be the amount of the Leased Premises prevailing as installments (and any interest) due and payable during such calendar year, (b) from all other Real Property Taxes, shall be the amount of the Effective Date payments thereof due and payable during such calendar year, and (c) from any adjustments (including, without limitation, a refund) to any Real Property Taxes by the taxing authority, when such adjustment has resulted in a corresponding adjustment payment by or to Landlord, shall constitute an adjustment to Real Property Taxes for the calendar year to which such adjustment is applicable, regardless of when such adjustment is made or received by Landlord, as the case may be. Landlord shall refund to Tenant Tenant's Share of any net refund (after deducting therefrom all reasonable expenses incurred in obtaining such refund) received by Landlord of any Real Property Taxes paid by Tenant pursuant to the terms of this Lease Lease, up to the amount paid by Tenant on account of such refunded Real Property Taxes. Real Property Taxes shall not include any net income (except Rent Tax as hereinabove provided), capital, stock, succession, transfer, franchise, gift, estate or inheritance taxes, unless the same shall be altered so that imposed in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, all or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy portion of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.
Appears in 1 contract
Sources: Lease Agreement (Bionx Implants Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting in good faith any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of Building C the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord’s income from all sources, gifttransfer taxes, capital levy, capital stock, franchise or income tax, (b) any items which are in the nature of Taxes but are included as a in Property Maintenance CostCosts (in which case they shall be payable under that category) or expressly are excluded from Property Maintenance Costs (in which case they shall not be payable by Tenant), including, without limitation, certain of the items excluded pursuant to Paragraph 13.12(xviii) below) and any real estate taxes directly payable by Tenant or any other tenant of the Project (ci.e., not paid by Landlord) reserves under the applicable provisions of their respective leases. If Landlord receives a refund of Real Property Taxes or a credit against its future Real Property Taxes for any calendar year during the Lease Term for which Tenant paid Tenant’s Share of Real Property Taxes, Landlord shall, at its election, either pay to Tenant, or credit against subsequent payments of Rent due hereunder, an amount equal to Tenant’s Building Share or Tenant’s Project Share (as applicable) of the refund, net of any reasonable, actual out-of-pocket expenses incurred by Landlord in achieving such refund; provided, however, if this Lease shall have expired or is otherwise terminated, Landlord shall refund in cash any such refund or credit due to Tenant within thirty (30) days after Landlord’s receipt of such refund or its receipt of such credit against future Real Property Taxes. Landlord’s obligation to so refund to Tenant any such refund or credit of Real Property Taxes shall survive such expiration or termination. If the Cafe & Fitness Center is used only by certain tenants of the Project or Property, (d) environmental assessments, charges or liens arising in connection with then Landlord shall have the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes right to allocate Real Property Taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at such Cafe & Fitness Center solely to those tenants who have access to the Leased PremisesCafe & Fitness Center.
Appears in 1 contract
Real Property Taxes. The (a) Tenant shall pay to Landlord its Proportionate Share set forth in Section 1(j) of all real property impositions during the Term in accordance with Section 2 of the Rent Rider. As used herein, the term “Real Property Taxreal property impositions” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share means the aggregate amount of (i) all taxesany tax, assessments, levies and assessment or other charges governmental charge of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises and located thereon, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease TermTerm may be assessed, the taxation or assessment of the Leased Premises prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded imposed upon or imposed (whether by reason of a change in become due and payable with respect to the method of taxation Building or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or Project; (ii) any tax on Landlord’s right to receive or measured by the gross receipts, income or rentals receipt of rent from the Leased Premises, Project or on against Landlord’s business of owningleasing the building or the Project (provided that such tax shall not include any federal, leasing state or managing the Leased Premises or local income tax); (iii) computed any tax or charge for fire protection, normal office refuse collection, streets, sidewalks or road maintenance or other services provided to the Building or the Project by any governmental agency; (iv) any tax replacing or supplementing in whole or in part any manner tax previously included within the definition of real property impositions under this Lease; and (v) the cost of prosecuting any appeal of the real property impositions, contesting the validity or amount of any real property impositions or in retaining a refund of real property impositions with respect to the operation Project, including attorneys’ fees, appraisers’ fees, limited to the extent of any savings in such impositions. The real property impositions payable by Tenant shall be prorated for the fraction of the Leased Premisestax fiscal year included in the Term. Tenant shall not be responsible for any increase in real estate taxes arising solely by reason of the sale or refinancing of the Project.
(b) If an assessment for public improvements is levied against the Project, then any such tax or charge, however designated, Landlord shall be included within deemed to have elected to pay such assessment in the meaning maximum number of installments then permitted by law (whether or not Landlord actually so elects), and Tenant shall pay its Proportionate Share of the terms “Real Property Tax” installments payable as a result of such election or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property deemed election during or rents unrelated attributable to the Leased PremisesTerm, then only that part together with any interest due as a result of the installment payments. Any installment for a period during which the Commencement Date or Expiration Date occurs shall be prorated for the fraction of the period included in the Term.
(c) Real property impositions do not include Landlord’s federal or state income, franchise, inheritance or estate taxes.
(d) If at any time during the Term hereof, Tenant shall desire to contest or prosecute an appeal for any real estate tax assessment affecting the Project, Tenant shall notify Landlord in writing of its desire to do so, and Landlord shall permit the Tenant to prosecute such appeal, and shall cooperate with Tenant in the filing and prosecution of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” appeal. Notwithstanding the foregoing, if Landlord does not believe, in its reasonable judgment, that the terms “Real Property Tax” or “Real Property Taxes” tax appeal would be advisable, then Tenant shall not include bring a tax appeal during the last two (2) years of the Term or any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused extension thereof. Any such appeal shall be prosecuted by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by without cost and expense to Landlord or any Landlord Related Partythe other tenants of the Project, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant other than reasonable attorneys’ fees, appraisal costs and court costs in connection with Tenant’s operations at the Leased Premisesevent of a successful appeal.
Appears in 1 contract
Sources: Lease Agreement (Party City Corp)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Project Percentage Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 1 contract
Sources: Lease Agreement (Silicon Image Inc)
Real Property Taxes. As Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord, monthly in advance or as they become due, pursuant to statements submitted by Landlord, Tenant’s Proportionate Share of all Real Property Taxes relating to the Premises accruing with respect to the Premises during the Term of this Lease and the Extended Term (if any). The term “Real Property Tax” or “Real Property Taxes” shall each mean also include supplemental taxes related to the period of Tenant’s Proportionate Share of Lease Term whenever levied, including any such taxes that may be levied after the Lease Term has expired. The term “Real Property Taxes”, as used herein, shall mean (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), of the Premises) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to the Leased Premises value, occupancy or use of, all or any portion thereofof the Complex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest herein, or therein; any improvements located within the Complex (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin the Complex; or parking areas, public utilities, or energy within the Complex; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size Complex and (whether measured in area, volume, number of tenants or whateveriii) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, If at any time during the Term of this Lease Term, the taxation or assessment of the Leased Premises Complex prevailing as of the Effective Commencement Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Complex or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesComplex, or on Landlord’s business of owningleasing the Complex, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased PremisesComplex, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesComplex, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Complex shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or term “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate net income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 1 contract
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. E.G. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises."
Appears in 1 contract
Real Property Taxes. The term “Sublessor shall pay all Real Property Tax” or “Taxes levied upon the Land and the Property before the delinquency date. "Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) " means all real property taxes, special and extraordinary assessments, levies including the existing Mell▇ ▇▇▇s ▇▇▇ancing, "Poway CFD 88-1," and all other Parkway Business Centre assessments (computed as if paid in permitted installments regardless of whether actually so paid) and other charges of any kind or nature whatsoeversimilar governmental levies, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises or Property, together with any portion thereoftax, or Landlord’s interest hereinother levy, or the fixtureshowever denominated, equipment and other property of Landlord that is an integral part of the Leased Premises and located thereon, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or net rentals received from the Leased Premisesrental of land or space or both if similar in nature to, or on Landlord’s business levied in lieu of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” Taxes shall not include any (a) income, franchise, estate, inheritance, transfer, giftsuccession, capital levy, capital stocknet income, franchise excess profits or income transfer taxes imposed upon Sublessor, or any assessments levied for the sole benefit of Sublessor. Real Property Taxes also shall not include any new taxes or assessments (such as new Mell▇ ▇▇▇s ▇▇▇ancing) placed upon the Property with the consent or acquiescence of Sublessor, unless Subtenant also consents thereto. In addition, Real Property Taxes shall not include any taxes or assessments (such as new or existing Mell▇ ▇▇▇s ▇▇▇ancing) to the extent that the Property may be disproportionately burdened by the payment of such taxes or assessments as compared to the other properties lying within such taxing or assessment district. If any tax, special or ordinary assessments are imposed or levied with respect to this Sublease, the Property or occupancy thereof in substitution for (b) items included as a Property Maintenance Costin whole or in part), (c) reserves for future any Real Property Taxes, (d) environmental assessments, charges all such substitutions shall for the purpose of this Sublease be considered as Real Property Taxes regardless of how denominated or liens arising in connection the source from which collected. Subtenant shall reimburse Sublessor for Subtenant's Share of the expense associated with the remediation such Real Property Taxes pursuant to Section 4.2 of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesthis Sublease.
Appears in 1 contract
Sources: Sublease Agreement (Cohu Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 1 contract
Sources: Lease (LumiraDx LTD)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-quasi- governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. e.g., water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.
Appears in 1 contract
Sources: Sublease (Xpeed Networks Inc)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.Property
Appears in 1 contract
Sources: Lease Agreement (Macromedia Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Property or the Common Areas. In addition, if any Real Property Taxes, (d) environmental assessments, charges or liens arising Taxes may be paid in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations installments at the Leased Premises.option of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (including interest, if any) which would become due by exercise of such option. Building G
Appears in 1 contract
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of Building E or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Property or the Common Areas. In addition, if any Real Property Taxes, (d) environmental assessments, charges or liens arising Taxes may be paid in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations installments at the Leased Premisesoption of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (including interest, if any) which would become due by exercise of such option.
Appears in 1 contract
Real Property Taxes. The term “All Real Property Tax” or Taxes (defined below) shall be paid by Landlord and be reimbursed by Tenant to Landlord as provided in Section 3 of this Lease. However, if a supplemental assessment is levied in any calendar year subsequent to the Landlord’s estimate of the Operating Expenses and/or Taxes for that calendar year (as provided in Section 3 of this Lease), and payment is due for said supplemental assessment during this same calendar year, Landlord reserves the right to adjust its estimate of the Operating Expenses and/or Taxes for that calendar year in order to pay before delinquency said supplemental assessment. The Term “Real Property Taxes,” as used herein, shall each mean Tenant’s Proportionate Share of and include: (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including without limitation, all instruments installments of principal and interest required to pay any general or special assessments for public improvements improvements, and any increases resulting from reassessments caused by any change in ownership of the Premises, the Building or new construction)the Complex, or otherwise) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to the Leased Premises value, occupancy, or use of all or any portion thereofof the Complex, the Building or the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest hereintherein; any improvements of Landlord located within the Complex, the Building or the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin, on or about the Complex, the Building or the Premises; and landscaping areas, walkways and parking areas; and (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. Bay Tech Gross Office Lease Dance Biopharm, Inc. “Real Property Taxes” shall not include (i) any franchise, rental, income, inheritance or profit tax, capital levy or excise tax payable by Landlord (ii) any tax levy, assessment, charge or surcharge resulting from the contamination of real property by Hazardous Materials except unless caused by the acts or omissions by the Tenant, its agents or contractors and (iii) all tax increases due interest of penalties for the late payment or failure to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenantpay any real property taxes. If, at any time during the Lease TermTerm of this Lease, the taxation or assessment of the Leased Complex, the Building or the Premises prevailing as of the Effective Commencement Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Complex, the Building or the Premises or Landlord’s interest therein therein, or (ii) on or measured by the gross receipts, income or rentals from the Leased Complex, the Building or the Premises, or on Landlord’s business of owningleasing the Complex, leasing the Building or managing the Leased Premises Premises, or (iii) Landlord’s interest therein, or based on parking, employment, production or the like in, on or about the Complex, the Building or the Premises, or computed in any manner with respect to the operation of the Leased Complex, the Building or the Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or Term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based in part upon property or rents unrelated to the Leased Complex, the Building or the Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Complex, the Building or the Premises shall be included within the meaning of the terms “Real Property Tax” or Term “Real Property Taxes.” Notwithstanding ”. If, at any time during the foregoingTerm of this Lease, any assessments which would be deemed to be Real Property Taxes are levied against the Premises, the terms “Building or the Complex, Landlord may elect either to pay the assessment in full or to allow the assessment to go to bond and to pay it in installments. In either case, however, Tenant shall only be obligated to pay to Landlord, with regard to any such assessment, each time payment of Real Property Tax” or “Real Property Taxes” shall not include any (a) estateTaxes is made, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused sum equal to that which would have been payable by Tenant or a Tenant or any Tenant Related Party) or as its pro rata percentage of other Hazardous Materials caused by the installments of principal and interest which would have become due during the Term of this Lease had Landlord or any Landlord Related Party, or (e) any personal property taxes attributable allowed the assessment to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesgo to bond.
Appears in 1 contract
Sources: Office Lease (Dance Biopharm, Inc.)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.
Appears in 1 contract
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Project Percentage Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.
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Sources: Lease (Trident Microsystems Inc)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-quasi- governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises."
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Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Expense Share of the following (to the extent applicable to any portion of the Lease Tenn, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property, or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease TermTenn, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, giftgift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord's income (personal or corporate) from all sources, capital levyany fines, capital stockpenalties or interest resulting from L▇▇▇▇▇▇▇'s failure to timely pay any taxes (unless and to the extent such failure is the result of Tenant's failure to timely pay any Real Property Taxes), franchise or income tax, (b) any items which are included as a in Property Maintenance CostCosts, any real estate taxes directly payable to the applicable taxing authority by Tenant or any other tenant of the Property (ci.e., not paid by Landlord) reserves under the applicable provisions of this Lease or their respective leases, and any Real Estate Taxes attributable to a period of time outside of the Lease Term. If Landlord receives a refund of Real Property Taxes or a credit against its future Real Property Taxes for any calendar year during the Lease Tenn for which Tenant paid Real Property Taxes, Landlord shall, at its election, either pay to Tenant, or credit against subsequent payments of Property Operating Expenses due hereunder, an amount equal to Tenant's Expense Share of the refund, net of any costs and expenses (including reasonable attorneys' fees) incurred by Landlord in achieving such refund; provided, however, if this Lease shall have expired or is otherwise terminated, Landlord shall refund in cash any such refund or credit due to Tenant within thirty (30) days after Landlord's receipt of such refund or its receipt of such credit against future Real Property Taxes, (d) environmental assessments, charges . L▇▇▇▇▇▇▇'s obligation to so refund to Tenant any such refund or liens arising in connection with the remediation credit of Pre-existing Hazardous Materials (unless caused by Tenant Real Property Taxes shall survive such expiration or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisestermination.
Appears in 1 contract
Sources: Lease Agreement (EBR Systems, Inc.)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or Building F and Amenities Building assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Property or the Common Areas. In addition, if any Real Property Taxes, (d) environmental assessments, charges or liens arising Taxes may be paid in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations installments at the Leased Premisesoption of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (including interest, if any) which would become due by exercise of such option.
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Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Project Percentage Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.the
Appears in 1 contract
Sources: Lease Agreement (Webex Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or any increase therein (a) attributable to estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, tax imposed on Landlord’s income from all sources; or (c) reserves for future imposed on land and improvements other than the Project or the Common Areas. In addition, if any Real Property TaxesTaxes may be paid in installments at the option of the taxpayer, then Landlord shall include within Real Property Taxes only those installments (dincluding interest, if any) environmental assessmentswhich would become due by exercise of such option. If the cafeteria and fitness center are used only by certain tenants of the Project or Property, charges or liens arising in connection with then Landlord shall have the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes right to allocate Real Property Taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at such cafeteria and fitness center solely to those tenants who have access to the Leased Premisescafeteria and fitness center.
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Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to the Premises, which shall be considered as Additional Rent payable In accordance with Section 5. of this Lease. In the event the Premises leased hereunder consists of only a portion of the entire parcel being taxed. Tenant shall pay to Landlord the proportionate share of such Real Property Taxes allocated to the Premises during the term of this Lease by square footage or other reasonable basis as calculated and determined solely by Landlord. If the tax billing pertains entirely to the Premises, and Landlord elects by written notice to Tenant to have Tenant pay such Real Property Taxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain all tax and assessment bills pertaining to the Premises, and to pay (prior to delinquency) all Real Property Taxes pertaining to the Premises, and all interest and penalties (if any) for non-payment or late payment thereof. Failure to request or receive a ▇▇▇▇ for taxes and/or assessments shall not alter or extinguish Tenants responsibility to pay the above. The term “Real Property TaxTaxes,” or “Real Property Taxes” as used herein, shall each mean Tenant’s Proportionate Share of and include (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including including, without limitation, all instruments installments of principal and interest required to pay any general or special assessments for public improvements improvements, and any increases resulting from reassessments caused by any change in ownership of the Premises or new construction), otherwise) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to the Leased Premises value, occupancy, or use of all or any portion thereofof the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest herein, or therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size ; and (whether measured in area, volume, number of tenants or whateveriii) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, If at any time during the term of this Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Date commencement date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owningleasing the Premises, leasing or managing based on vehicular ownership, parking, employment, production or the Leased Premises like, or (iii) computed in any manner with respect to the operation or existence of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based in part upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or term “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or she term “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate net income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 1 contract
Sources: Lease Agreement (Anda Networks Inc)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or the federal or state income tax imposed on Landlord's income from all sources. Tenant also shall not be required to pay any Landlord Related Partyportion 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; or (eii) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at imposed on land and improvements other than the Property (including the Building and the Leased Premises).
Appears in 1 contract
Sources: Lease (Aviron)
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. E.G. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gifts or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.
Appears in 1 contract
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to or tax or levy assessments, which are levied or assessed for whatever reason against the Project Leased Premises or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Project Leased Premises and located thereon, or Landlord’s business of owning, leasing or managing the Project or the gross receipts, income or rentals from the Project Leased Premises; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Project Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, gas electricity, sewage or waste surface water disposal) at the Project Leased Premises, the number of people persons employed by tenants of the Project Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Project Leased Premises, or the type of use or uses conducted within the Project Leased Premises, ; and (iii) all costs and fees (including reasonable attorneys’ attorneys fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Project Leased Premises prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use tax or charge (i) on the value, size, use or occupancy of the Project Leased Premises or Landlord’s interest therein or (ii) on or a measured by the gross receipts, income or rentals from the Project Leased Premises, or on Landlord’s business of owning, leasing or managing the Project Leased Premises or (iii) computed imputed in any manner with respect to the operation of the Project Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Leasecase. If any Real Property Tax is partly based upon property or rents unrelated related to the Project Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Project Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 1 contract
Sources: Consent to Sublease (Alphasmart Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenantstate income tax imposed on Landlord’s operations at the Leased Premisesincome from all sources.
Appears in 1 contract
Sources: Short Term Lease (Echelon Corp)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to or tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Project or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Project, and located thereon, or Landlord’s business of owning, leasing or managing the Project or the gross receipts, income or rentals from the Project; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProject, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste surface water disposal) at the Leased PremisesProject, the number of people persons employed by tenants of the Leased Premises, Project the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProject, or the type of use or uses conducted within the Leased Premises, Project; and (iii) all costs and fees (including reasonable attorneys’ attorneys fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, If at any time during the Lease Term, the taxation or assessment of the Leased Premises Project prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProject, or on Landlord’s business of owning, leasing or managing the Leased Premises Project or (iii) computed in any manner with respect to the operation of the Leased PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Project shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included tax imposed on Landlord’s income from all sources. In the event that Landlord elects to pay any general or special assessments in one payment when such assessments could have been paid to the appropriate taxing agency over a period of time as a Property Maintenance Costbond with interest, (c) reserves for future Real Property Taxes, (d) environmental assessments, Tenant shall only be responsible to pay the annual charges or liens arising in connection with it would have paid had the remediation assessment been taken to bond and such payments shall continue only during the term of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesthis Lease.
Appears in 1 contract
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Expense Share of the following (to the extent applicable to any portion of the Lease Tenn, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property, or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease TermTenn, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, giftgift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord's income (personal or corporate) from all sources, capital levyany fines, capital stockpenalties or interest resulting from L▇▇▇▇▇▇▇'s failure to timely pay any taxes (unless and to the extent such failure is the result of Tenant's failure to timely pay any Real Property Taxes), franchise or income tax, (b) any items which are included as a in Property Maintenance CostCosts, any real estate taxes directly payable to the applicable taxing authority by Tenant or any other tenant of the Property (ci.e., not paid by Landlord) reserves under the applicable provisions of this Lease or their respective leases, and any Real Estate Taxes attributable to a period of time outside of the Lease Term. If Landlord receives a refund of Real Property Taxes or a credit against its future Real Property Taxes for any calendar year during the Lease Term for which Tenant paid Real Property Taxes, Landlord shall, at its election, either pay to Tenant, or credit against subsequent payments of Property Operating Expenses due hereunder, an amount equal to Tenant's Expense Share of the refund, net of any costs and expenses (including reasonable attorneys' fees) incurred by Landlord in achieving such refund; provided, however, if this Lease shall have expired or is otherwise terminated, Landlord shall refund in cash any such refund or credit due to Tenant within thirty (30) days after Landlord's receipt of such refund or its receipt of such credit against future Real Property Taxes, (d) environmental assessments, charges . L▇▇▇▇▇▇▇'s obligation to so refund to Tenant any such refund or liens arising in connection with the remediation credit of Pre-existing Hazardous Materials (unless caused by Tenant Real Property Taxes shall survive such expiration or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisestermination.
Appears in 1 contract
Sources: Lease Agreement (EBR Systems, Inc.)
Real Property Taxes. The term “Real Property Tax” or “"Real Property Taxes” ", as used in this Lease, shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), of the Complex now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against against, or with respect to the Leased Premises value, occupancy or use of, all or any portion thereofof the Complex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest herein, or therein) any improvements located within the Complex (regardless of ownership); the fixtures, equipment and other property of Landlord Landlord, real or personal, that is are an integral part of the Leased Premises and located thereonin the Complex; or parking areas, public utilities, or energy within the Complex; (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants other governmental control of the Leased Premises, the size Complex; and (whether measured in area, volume, number of tenants or whateveriii) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, If at any time during the term of this Lease Term, the taxation or assessment of the Leased Premises Complex prevailing as of the Effective Date commencement date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, alternate or additional use tax or charge (i) on the value, size, use or occupancy of the Leased Premises Complex or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesComplex, on Landlord's business of leasing the Complex, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased PremisesComplex, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesComplex, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Complex shall be included within the meaning of the terms “Real Property Tax” or “term "Real Property Taxes.” ". Notwithstanding the foregoing, the terms “Real Property Tax” or “term "Real Property Taxes” " shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord's income from all sources. If any portion of the Real Property Tax is based upon excess assessed valuation of interior improvements in the Premises (or other premises for the exclusive use of tenants in the Complex) that are deemed to be taxes levied against personal property of Tenant (or such other tenants) governed by the provisions of 13B(a) below, gift, capital levy, capital stock, franchise or income tax, (b) items then such portion shall not be included as a Property Maintenance Cost, (c) reserves for future within the meaning of the term "Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises."
Appears in 1 contract
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s 's Proportionate Share of (iof(i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public - improvements and any increases resulting from reassessments caused by any change in ownership or new constructionConstruction), now or hereafter imposed by any governmental governmental- or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax which amount shall not exceed the Real Property Tax savings realized in any given year. Notwithstanding the foregoing, Tenant shall be responsible for 100% of any increases resulting from Real Property Tax reassessments due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of TenantImprovement Work. If, If at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.
Appears in 1 contract
Sources: Lease (Digital Island Inc)
Real Property Taxes. The term “Tenant shall pay at least ten (10) days prior to delinquency any and all Real Property Tax” Taxes (defined below) levied or assessed against the Premises during the Term and indemnify and hold Landlord harmless from and against all demands for payment of such Real Property Taxes. “Real Property Taxes” shall each mean Tenant’s Proportionate Share means any form of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership assessment, license fee, commercial rental or new constructiongross receipts tax, levy, penalty, duty, charge or tax (other than inheritance, estate or income taxes), now or hereafter including roll-back taxes as a result of Tenant’s use of the Premises, imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax tax, including any city, county, state or levy assessmentsfederal government, which are levied or assessed for whatever reason any school, agricultural, lighting, drainage, sewer or other improvement district against any legal or equitable interest of Landlord in the land, buildings, or improvements comprising the Premises, against charges payable to Landlord or other income from the Premises, against the Leased use, occupancy or possession of the Premises or any portion thereoftax imposed in substitution, partially or totally, of any tax previously included within the definition of real property taxes, or Landlord’s interest hereinany additional tax the nature of which was previously included within the definition of real property taxes. All reasonable expenses, including attorneys’ fees and disbursements, experts’ and other witnesses’ fees, incurred by Landlord or Tenant in contesting the validity or amount of any Real Property Taxes or in obtaining a refund of any Real Property Taxes will be considered as part of the Real Property Taxes for the tax year in which such expenses are incurred. Tenant shall pay at least ten (10) days prior to delinquency all taxes assessed against and levied on all trade fixtures, furnishings, equipment and other personal property of Landlord that is an integral part Tenant contained in the Premises or elsewhere or assessed or levied as a result of ▇▇▇▇▇▇’s use of the Leased Premises Premises. When possible, Tenant shall cause said trade fixtures, furnishings, equipment and located thereon, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, other personal property to be assessed and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals billed separately from the Leased Premises, or on real property of Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premises.
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Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Lot Percentage Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (ai) estate, sales, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, tax imposed on Landlord's income from all sources; (bii) items included as a Property Maintenance Cost, (c) reserves for future any Real Property Taxes, Taxes occasioned by or relating to assessments and other fees for improvements and services which do not benefit the Property; (diii) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials any penalties resulting from Landlord's failure to pay Real Property Taxes before delinquency (unless caused by Tenant has failed to pay Landlord hereunder or a if Tenant or any Tenant Related Party) or has assumed responsibility for payment of other Hazardous Materials caused by Landlord or any Landlord Related Party, such taxes directly); or (eiv) any personal property taxes attributable increase in Real Property Taxes due to items not owned by Tenant or utilized by Tenant improvements made to buildings on the Property other than the Building. Landlord agrees that where permitted to do so without penalty, Landlord shall pay Real Property Taxes in connection with Tenant’s operations at the Leased Premisesinstallments.
Appears in 1 contract
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises (including allocable portions of the Property) shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income.
Appears in 1 contract
Real Property Taxes. The To the extent that the Demised Premises is currently or hereafter may be subject to property taxes, Tenant agrees to pay to Landlord throughout the term “Real Property Tax” or of this Lease, as Additional Rent, any and all real property taxes, assessments, and levies assessed against the Demised Premises during each tax year, together with all penalties and interest charged (“Real Property Taxes” shall each mean Tenant’s Proportionate Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction”), now or hereafter imposed by unless Tenant has paid all such Real Property Taxes in full when due. Should any governmental taxing authority acting under any present or quasi-governmental authority future law, ordinance or special district having the direct regulation, levy, assess, or indirect power to tax impose a tax, excise and/or assessment (other than an income or levy assessments, which are levied franchise tax) upon or assessed for whatever reason against the Leased Premises Rent, or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises and located thereonit, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased Premises, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased Premises, the number of people employed by tenants of the Leased Premises, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased Premises, or the type of use or uses conducted within the Leased Premises, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises payable by Tenant to Landlord, either by way of substitution (in whole or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises prevailing as of the Effective Date of this Lease shall be altered so that in lieu of part) for or in addition to any existing tax on the Demised Premises or otherwise, Tenant shall be responsible for and shall pay such tax, excise and/or assessment, or shall reimburse Landlord for the amount thereof within thirty (30) days of demand, as the case may be. Reasonable expenses incurred by Landlord in obtaining or attempting to obtain a reduction of any Real Property Taxes shall be added to and included as Additional Rent. Real Property Taxes which are being contested by Landlord shall nevertheless be included for purposes of computing Tenant’s liability hereunder, but if Tenant shall have paid any amount of Additional Rent pursuant to this Section 13, and thereafter Landlord shall receive a refund of any portion of any Real Property Taxes on which such payment shall have been based, Landlord shall pay to Tenant such refund. Landlord shall have no obligation to contest, object to or litigate the levy or imposition of any Real Property Taxes and may settle, compromise, consent to, waive or otherwise determine in its discretion any Real Property Taxes without the consent or approval of Tenant. In the event any governmental authority includes in the tax base upon which the Real Property Tax described above there shall be levied, awarded Taxes are levied or imposed (whether assessed the value of any improvements made by reason of a change in the method of taxation or assessment, creation of a new tax or chargeTenant, or of any machinery, equipment, fixtures, inventory or other cause) an alternatepersonal property or assets of Tenant, substitutethen Tenant shall pay the entire portion of the Real Property Taxes attributable to or based upon such items in addition to the portion of the Real Property Taxes payable by Tenant as otherwise provided in this Section. Landlord’s failure to collect the estimated Real Estate Taxes shall not be deemed a waiver of Landlord’s right to demand and fully collect the same at later time. Tenant agrees to pay before delinquency all taxes imposed on or incidental to the personal property of Tenant, or additional the conduct of its business and its use or charge (i) on the value, size, use or and occupancy of the Leased Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, or on Landlord’s business of owning, leasing or managing the Leased Premises or (iii) computed in any manner with respect to the operation of the Leased Premises, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Demised Premises.
Appears in 1 contract
Sources: Lease Agreement
Real Property Taxes. The term “"Real Property Tax” " or “"Real Property Taxes” " shall each mean Tenant’s Proportionate 's Building Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s 's interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord's business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. E.G. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ ' fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes” " for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “"Real Property Tax” " or “"Real Property Taxes.” " Notwithstanding the foregoing, the terms “"Real Property Tax” " or “"Real Property Taxes” " shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise or income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation taxes of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, the federal or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesstate income tax imposed on Landlord's income from all sources.
Appears in 1 contract
Sources: Lease (Ultratech Stepper Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made Tax to the Leased Premises extent such costs and fees are equal to or less than any Real Property Tax savings received by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (ai) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, tax imposed on Landlord’s income from all sources or (bii) items included as a Property Maintenance Cost, (c) reserves for future any increase in Real Property Taxes, (d) environmental assessments, charges or liens Taxes due to a reassessment arising out of a “change in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable ownership” pursuant to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased PremisesCalifornia Revenue and Taxation Code Section 60 et seq.
Appears in 1 contract
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements improvements, and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, . In the event and (iii) all tax increases due to improvements made to the Leased Premises by Tenant extent some or by Landlord on behalf all of the Common Areas are comprised of separate legal parcels, then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (as opposed to Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any The Real Property Tax Taxes for which Tenant is partly based upon property or rents unrelated responsible in connection with this Lease shall also specifically include all taxes attributable to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable taxable margin levied pursuant to the Leased Premises shall be included within the meaning Chapter 171 of the terms “Real Property Tax” Texas Tax Code, as the same may be amended, superseded or “Real Property Taxes.” replaced from time to time. Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, giftgift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord’s income from all sources. Real Property Taxes shall be net of any refunds obtained by Landlord in respect thereof with respect to any tax period that includes the Lease term, capital levyas it may be extended. If following the expiration date, capital stockany refund is received by Landlord in respect to any tax period that includes the Lease term, franchise or income tax, Landlord shall reimburse Tenant for Tenant’s share thereof within thirty (b30) items included days of Landlord’s receipt of the same (whether Landlord receives the refund as a Property Maintenance Cost, (c) reserves for credit against future Real Property Taxes, (d) environmental assessments, charges tax payments or liens arising in connection with as a cash reimbursement). The provisions of this last sentence shall survive the remediation expiration of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased PremisesLease term.
Appears in 1 contract
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Building Share of the following (to the extent applicable to any portion of the Lease Term, regardless of when the same are imposed, assessed, levied, or otherwise charged): (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments installments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting in good faith any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. In the event the Project is developed in a manner which results in separate legal parcels comprising some or all of the Common Areas, and then with respect to those Common Area parcels, Real Property Taxes shall be calculated using Tenant’s Project Share (iii) all tax increases due as opposed to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant’s Building Share). If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there Building D shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased Premises, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfergift or franchise taxes of Landlord or the federal or state income tax imposed on Landlord’s income from all sources, gifttransfer taxes, capital levy, capital stock, franchise or income tax, (b) any items which are in the nature of Taxes but are included as a in Property Maintenance CostCosts (in which case they shall be payable under that category) or expressly are excluded from Property Maintenance Costs (in which case they shall not be payable by Tenant), including, without limitation, certain of the items excluded pursuant to Paragraph 13.12(xviii) below) and any real estate taxes directly payable by Tenant or any other tenant of the Project (ci.e., not paid by Landlord) reserves under the applicable provisions of their respective leases. If Landlord receives a refund of Real Property Taxes or a credit against its future Real Property Taxes for any calendar year during the Lease Term for which Tenant paid Tenant’s Share of Real Property Taxes, Landlord shall, at its election, either pay to Tenant, or credit against subsequent payments of Rent due hereunder, an amount equal to Tenant’s Building Share or Tenant’s Project Share (as applicable) of the refund, net of any reasonable, actual out-of-pocket expenses incurred by Landlord in achieving such refund; provided, however, if this Lease shall have expired or is otherwise terminated, Landlord shall refund in cash any such refund or credit due to Tenant within thirty (30) days after Landlord’s receipt of such refund or its receipt of such credit against future Real Property Taxes. Landlord’s obligation to so refund to Tenant any such refund or credit of Real Property Taxes shall survive such expiration or termination. If the Fitness Center is used only by certain tenants of the Project or Property, (d) environmental assessments, charges or liens arising in connection with then Landlord shall have the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes right to allocate Real Property Taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at such Fitness Center solely to those tenants who have access to the Leased PremisesFitness Center.
Appears in 1 contract
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or Landlord’s business or owning, leasing or managing the fixturesProperty or the gross receipts, equipment and other property of Landlord that is an integral part of income or rentals from the Leased Premises and located thereonProperty, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people persons employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or on the type of or use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to or any of the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, ,; or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future Real Property Taxes, (d) environmental assessments, charges or liens arising in connection with the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant tax imposed on Landlord’s income from all sources or any Tenant Related Party) or assessment expense in excess of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal the installments as billed on the property taxes attributable to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at tax ▇▇▇▇ for the Leased PremisesProperty.
Appears in 1 contract
Sources: Lease (Vivus Inc)
Real Property Taxes. The term “Real Property Tax” or “Real Property Taxes” shall each mean Tenant’s Proportionate Expense Share of (i) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all instruments of principal and interest required to pay any general or special assessments for public improvements and any increases resulting from reassessments caused by any change in ownership or new construction), now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are levied or assessed for whatever reason against the Leased Premises Property or any portion thereof, or Landlord’s interest herein, or the fixtures, equipment and other property of Landlord that is an integral part of the Leased Premises Property and located thereon, or Landlord’s business of owning, leasing or managing the Property or the gross receipts, income or rentals from the Property, (ii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of or based upon the use of or number of parking spaces within the Leased PremisesProperty, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Leased PremisesProperty, the number of people person employed by tenants of the Leased PremisesProperty, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Leased PremisesProperty, or the type of use or uses conducted within the Leased PremisesProperty, and all costs and fees (including reasonable attorneys’ fees) reasonably incurred by Landlord in contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, and (iii) all tax increases due to improvements made to the Leased Premises by Tenant or by Landlord on behalf of Tenant. If, at any time during the Lease Term, the taxation or assessment of the Leased Premises Property prevailing as of the Effective Date of this Lease shall be altered so that in lieu of or in addition to any the Real Property Tax described above there shall be levied, awarded or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate, substitute, or additional use or charge (i) on the value, size, use or occupancy of the Leased Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased PremisesProperty, or on Landlord’s business of owning, leasing or managing the Leased Premises Property or (iii) computed in any manner with respect to the operation of the Leased PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is partly based upon property or rents unrelated to the Leased PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Leased Premises Property shall be included within the meaning of the terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the terms “Real Property Tax” or “Real Property Taxes” and “Property Operating Expenses” shall not include any (a) estate, inheritance, transfer, gift, capital levy, capital stock, gift or franchise taxes of Landlord or the federal or state income tax, (b) items included as a Property Maintenance Cost, (c) reserves for future tax imposed on Landlord’s income from all sources. In determining the amount of Real Property TaxesTaxes for any calendar year, (d) environmental assessmentsif less than 100% of the rentable area of the Property is occupied by tenants at any time, charges or liens arising in connection with Real Property Taxes shall be determined to be an amount equal to the remediation of Pre-existing Hazardous Materials (unless caused by Tenant or a Tenant or any Tenant Related Party) or of other Hazardous Materials caused by Landlord or any Landlord Related Party, or (e) any personal property taxes attributable Real Property Taxes which would normally be expected to items not owned by Tenant or utilized by Tenant in connection with Tenant’s operations at the Leased Premisesbe incurred had such occupancy been 100%.
Appears in 1 contract
Sources: Office Lease (Cortina Systems Inc)