Common use of Real Property Taxes Clause in Contracts

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Advanced Analogic Technologies Inc)

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Real Property Taxes. Tenant shall pay Real Property Taxes" means all taxes, ------------------- assessments (special or otherwise) and charges levied upon or with respect to Landlord all the Project and ad valorem taxes on personal property used in connection -- ------- therewith. Real Property Taxes relating shall include, without limitation, any tax, fee or excise on the act of entering into this Lease or any other lease of space in the Project, on the occupancy of Tenant or any other tenant of the Project, the rent hereunder or in connection with the business of owning and/or renting space in the Project which are now or hereafter levied, assessed or imposed against Landlord by the United States of America, the State of California or any political subdivision, public corporation, district or other political or public entity, and shall also include any other tax, assessment, fee or excise, however described (whether general or special, ordinary or extraordinary, foreseen or unforeseen), to the Premisesextent it may be levied, assessed or imposed in lieu of, as a substitute, in whole or in part, for or as an addition to, any other Real Property Taxes. Landlord may pay any such special assessments in installments when allowed by law, in which case Real Property Taxes shall be considered as Additional Rent payable in accordance with Section 5. of this Leaseinclude any interest charged thereon. In the event the Premises leased hereunder consists of only a portion recognition of the entire parcel being taxeddecrease in the level and quality of governmental services and amenities as a result of Proposition 13, Real Property Taxes shall also include any private assessments or the Building's contribution towards a private cost-sharing agreement for the purpose of augmenting or improving the quality of service and amenities normally provided by governmental agencies, provided that Tenant shall not be responsible for any share of any such assessments or contribution voluntarily assumed by Landlord unless Tenant has given its prior approval thereof, such approval not to be unreasonably withheld in light of Landlord's obligation and desire to operate the Project in a manner consistent with the highest category of premiere, first class office building projects in the Golden Triangle area and on Maple Drive in Beverly Hills, California. Real Property Taxes shall also include reasonable legal fees, costs and disbursements incurred in connection with proceedings to contest, determine or reduce Real Property Taxes, but shall exclude any such costs otherwise included in Operating Expenses, any taxes paid directly by Tenant pursuant to Sections 10.1 and 10.2 ---------------------- and any penalties assessed against the Project or Landlord as a result of Landlord's failure to timely pay any installment of Real Property Taxes when due (except where such failure is caused by the failure of Tenant to Landlord the proportionate pay timely its share of such Real Property Taxes allocated to the Premises during the term of in accordance with this Lease by square footage or other reasonable basis as calculated and determined solely by LandlordLease). 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 shall not include income, franchise, transfer, inheritance, estate, or capital stock taxes, unless and, to the Tax Collectorextent, then in such event it shall be the responsibility of Tenant due 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation taxation, any of such taxes are levied, assessed or assessmentimposed against Landlord in lieu of, creation of as a new tax substitute, in whole or chargein part, for or as an addition to, any other causetax which would otherwise constitute a Real Property Tax. At all times (including calendar year 2000 if applicable) an alternate or additional tax or charge (i) on prior to the value, use or occupancy assessment of the Premises or Landlord’s interest therein or (ii) Project on or measured by a fully completed basis, Real Property Taxes shall be adjusted to reflect the gross receiptsamount which Real Property Taxes would be if the Project were assessed on a fully completed and occupied basis. For purposes of computing rent adjustments pursuant to this Article 5, income or rentals from the PremisesReal Property Taxes shall be --------- allocated and charged to Tenant in accordance with generally accepted accounting and management practices and expressed as an amount per square foot of Rentable Area, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect provided that at all times all Real Property Taxes are allocated to the operation or existence all portions of the PremisesRentable Area of the Project. Notwithstanding any other provision hereof, then any such tax or charge, however designated, parking revenue taxes shall not be included within the meaning of the term “in Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property Taxes or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property TaxesOperating Expenses.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease (Global Crossing LTD)

Real Property Taxes. All Real Property Taxes shall be paid by Landlord. However, the portion of the Real Property Taxes that are assessed on the parcels where improvements made by Tenant are located (which parcel numbers are set out in Exhibit D) at the 0000 Xxxxxxxx Xxxxxx address, shall be billed by Landlord to Tenant, and Tenant shall pay to Landlord all such portion of the Real Property Taxes relating to the Premises, which shall be considered Landlord as Additional Rent payable in accordance with Section 5. of this Lease. In the event the Premises leased hereunder consists of only a portion are reasonably and fairly allocable to Tenant's improvements no later than thirty (30) days after receipt from Landlord of the entire parcel being taxed, Tenant shall pay to Landlord the proportionate share of such Real Property Taxes allocated to Tax xxxx from 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the abovetaxing governmental authority. The term "Real Property Taxes," as used herein, shall mean and include 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changedchanged by the Tenant) or Landlord’s 's interest therein; any improvements located within the Premises (regardless of ownership)) constructed by Tenant; the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the Premises; and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys' fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax attributable to the parcel(s) on which the Building is located and in negotiating with public authorities as to any Real Property Tax. If at any time during Tax attributable to the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (iparcel(s) on which the valueBuilding is located. Tenant shall not be obligated to pay (a) any state, use local, federal or occupancy of the Premises or Landlord’s interest therein or (ii) on or corporate income tax measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources; (b) any franchise, succession or transfer taxes; (c) interest on taxes or penalties resulting from Landlord's failure to pay taxes in a timely manner; (d) any increases in taxes attributable to additional improvements to the Building or parking areas unless such improvements to the Building or parking areas are for Tenant's benefit; (e) any increases in taxes attributable to the sale, transfer, exchange or other disposition of Landlord's interest in the Building.

Appears in 1 contract

Samples: Lease Agreement (Noosh Inc)

Real Property Taxes. Tenant shall pay to Landlord all The term "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 Tax" 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “"Real Property Taxes,” as used herein, " shall each mean 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, including all installments instruments 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Property or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, alteredthereof, or otherwise changed) Landlord's interest herein, or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Property and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord's business of owning, leasing or managing the Premises; 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (E.G. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Premises; Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and (iii) 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. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “terms "Real Property Tax" or "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 PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Premises Property shall be included within the meaning of the term “terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the term “terms "Real Property Tax" or "Real Property Taxes" shall not include estate, inheritance, gift transfer, gifts or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 1 contract

Samples: Introbiotics Phamaceuticals Inc

Real Property Taxes. Tenant shall pay to Landlord all The term "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 Tax" 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “"Real Property Taxes,” as used herein, " shall each mean 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, including all installments instruments 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Property or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, alteredthereof, or otherwise changed) Landlord's interest herein, or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Property and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord's business of owning, leasing or managing the Premises; 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Premises; Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and (iii) 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. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “terms "Real Property Tax" or "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 PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Premises Property shall be included within the meaning of the term “terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the term “terms "Real Property Tax" or "Real Property Taxes" shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 1 contract

Samples: Simplex Solutions Inc

Real Property Taxes. On and after the Rent Commencement Date and throughout the Term of this Lease (as the same may be extended), Tenant shall pay to Landlord pay, as additional rent, all Real Property Taxes relating Taxes, including all taxes, assessments (general and special) and other impositions or charges which may be taxed, charged, levied, assessed or imposed with respect to any calendar year or part thereof included within the Term upon all or any portion of or in relation to the Premises or any portion thereof, any leasehold estate in the Premises or measured by rent from 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all taxes, assessments, levies and other charges of including any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all installments of principal and interest required to pay any general or special assessments for public improvements, and any increases resulting from reassessments increase caused by any change in ownership the transfer, sale or encumbrance of the Premises or otherwiseany portion thereof, but excluding any taxes, assessments (general and special) now and other impositions or hereafter charges that relate to any portion of the Project that is not included in the Premises. "Real Property Taxes" (sometimes referred to herein as "Taxes" and "Tax Expenses") shall also include any form of assessment, levy, penalty, charge or tax (other than estate, inheritance, net income or franchise taxes or as otherwise in Exhibit M attached hereto) imposed by any governmental or quasi-governmental authority or special district having the a direct or indirect power to tax or levy assessmentscharge, which are levied including, without limitation, any city, county, state, federal or assessed againstany improvement or other district, whether such tax is: (1) determined by the area of the Premises or the rent or other sums payable under this Lease; (2) upon or with respect to any legal or equitable interest of Landlord in the value, occupancy, or use of all Premises or any portion of the Premises part thereof; (as now constructed 3) upon this transaction or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s document to which Tenant is a party creating a transfer in any interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the Premises; (ii4) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or as a direct substitute in whole or in part of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) Taxes on the valuePremises; (5) based on any parking spaces or parking facilities provided at the Premises; or (6) in consideration for services, use such as police protection, fire protection, street, sidewalk and roadway maintenance, refuse removal or occupancy other services that may be provided by any governmental or quasi-governmental agency from time to time which were formerly provided without charge or with less charge to property owners or occupants. Tenant shall pay Real Property Taxes on or before the date any taxes or installments of taxes would become delinquent as determined by the taxing authority, evidenced by the tax xxxx, and subject to Landlord providing thirty (30) days advanced notice as stated below. Landlord shall determine and notify Tenant of the Premises or Landlord’s interest therein or amount of Real Property Taxes not less than thirty (ii30) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed days in any manner with respect to the operation or existence advance of the Premises, then any date such tax or chargeinstallment of taxes is due and payable. In the event Landlord fails to deliver such timely determination and notice to Tenant, however designatedthen Tenant shall have thirty (30) days from receipt of such notice to remit payment of Real Property Taxes to Landlord. The foregoing notwithstanding, upon notice from Landlord, Tenant shall pay, as additional rent, Real Property Taxes to Landlord in advance monthly installments equal to one twelfth (1/12) of Landlord's reasonable estimate of the Real Property Taxes payable under this Lease, together with monthly installments of Basic Rent, and Landlord shall hold such payments in a non-interest bearing account. Landlord shall determine and notify Tenant of any deficiency in the impound account Tenant shall pay any deficiency of funds in the impound account on or before the date such taxes or installments of taxes would become delinquent as determined by the taxing authority. In the event Landlord fails to deliver such timely deficiency determination and notice to Tenant, then Tenant shall have thirty (30) days from receipt of such notice to remit payment of such deficiency to Landlord. If Landlord determines that Tenant's impound account has accrued an amount in excess of the Real Property Taxes due and payable, then such excess shall be included credited to Tenant within the meaning thirty (30) days from receipt of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxessaid notice from Landlord.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Industrial Lease (Deckers Outdoor Corp)

Real Property Taxes. For purposes of this Lease, "Real Property Taxes" shall consist of all transit charges, housing fund assessments, real estate taxes, and all other taxes relating to the Premises or the Building, all other taxes which may be levied in lieu of real estate taxes, all assessments, assessment bonds, levies, fees and other governmental charges including but not limited to, charges for traffic facilities and improvements, water service studies, and improvements or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits, or any other purpose, which are assessed, levied, confirmed, imposed or become a lien upon the Premises or the Building or become payable during the Term (or which become payable after the expiration or earlier termination of this Lease and are attributable in whole or in part to any period during the Term), together with all costs and expenses incurred by Landlord in good faith in contesting, resisting, or appealing any such taxes, rates, duties, levies or assessments, including, without limitation, legal fees. "Real Property Taxes" shall exclude any franchise, estate, inheritance or succession transfer tax of Landlord, or any federal or state income, profits or revenue tax or charge upon the net income of Landlord from all sources promulgated and effective after the Commencement Date; provided, however, that if at any time during the Term there is levied or assessed against Landlord a federal, state or local tax or excise tax on rent, or any other tax however described on account of rent or gross receipts or any portion thereof, Tenant shall pay as Additional Rent one hundred percent (100%) of any said tax or excise applicable to Rent collected from Tenant. If the Real Property Taxes payable for the Base Year are reduced by final determination of legal proceedings, settlement, or otherwise, such reduced amount as finally determined shall become the amount of Real Property Taxes payable for the Base Year for purposes of this Lease and such reduced amount shall be used to determine Tenant's Share of Real Property Taxes payable by Tenant during the Term of this Lease, and all payments of Tenant's Share of Real Property Taxes theretofore paid or payable under this Lease shall be recomputed on the basis of such reduction, and 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 within ten (10) days after being billed therefor any deficiency between 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 amount of such Real Property Taxes allocated payments computed prior to the Premises during reduction and the term of this Lease by square footage or other reasonable basis amount thereof due 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part result of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxesrecomputation.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Work Letter Agreement (Sedona Corp)

Real Property Taxes. As Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord 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, which shall be considered as Additional Rent payable in accordance Premises accruing with Section 5. respect to the Premises during the Term of this LeaseLease and the Extended Term (if any). The term “Real Property Taxes” shall 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 has expired. In the event the Premises leased hereunder consists consist of only a portion of the entire parcel being taxedtax parcel, Tenant shall pay to Landlord the proportionate share monthly in advance or as they become due, pursuant to statements submitted to Tenant by Landlord, Tenant’s Proportionate Share of such Real Property Taxes real estate 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 100% to the Premises, and Landlord elects by written notice to Tenant chooses to have Tenant pay such Real Property Taxes said real estate taxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain all the tax and assessment assessments bills and pay, no less than ten (10) days prior to delinquency, the applicable real property taxes and assessments pertaining to the Premises, and failure 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 xxxx for taxes and/or assessments shall not alter provide a basis for cancellation of or extinguish Tenant’s non-responsibility to pay the above. for payment of penalties for nonpayment or late payment by Tenant The term “Real Property Taxes,” ”, as used herein, shall mean 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, including all 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 otherwisePremises) 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 against, or with respect to the value, occupancy, occupancy or use of of, all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in or about the Premises; and landscaping areas, walkways, or parking areas, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Premises; Premises and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term Term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date Commencement Date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. Notwithstanding anything to the contrary above , it is agreed that if any special assessments for capital improvements are assessed, and if Landlord has the option to either pay the entire assessment in cash or go to bond, and if Landlord elects to pay the entire assessment in cash in lieu of going to bond, the entire portion of the assessment assigned to Tenant’s Leased Premises will be prorated over the same period that the assessment would have been prorated had the assessment gone to bond (including interest) and Tenant shall pay its Proportionate Share over the Term remaining in the Lease (including the Extended Lease Term if said Lease Term is extended for any reason whatsoever) as Additional Rent on the first day of the remaining months in the Lease Term (as may be extended).

Appears in 1 contract

Samples: Lease Agreement (Ruckus Wireless Inc)

Real Property Taxes. Tenant shall agrees to pay to the 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 throughout the term of this Lease Lease, Tenant's Proportionate Share of all real estate taxes and all assessments which may be levied against Landlord by square footage or the local tax authorities and other reasonable basis as calculated and determined solely by Landlordgovernmental agencies. If Tenant's proportionate share of real estate taxes shall be fifty (50%) percent of any increase over the tax billing pertains entirely to base year which shall be 1995. Tenant will pay its proportionate share of real estate taxes after the Premises, and end of each calendar year Landlord elects by written notice when the Landlord delivers to Tenant a computation of the Tenant's proportionate Share for the prior calendar year based upon the base year of 1995. Tenant shall pay said additional rent to have Landlord within thirty (30) days after Landlord presents to Tenant pay such Real Property Taxes directly to its proportionate share. For the Tax Collectorpurposes of this Lease, then in such event it the term "real estate taxes" shall be the responsibility of Tenant to obtain include 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all real estate taxes, assessments, levies water and sewer rents (except water meter charges and sewer rent based thereon) and other governmental impositions and charges of any every kind or and nature whatsoever, extraordinary as well as ordinary, general and special, foreseen and unforeseen (including, without limitation, all installments of principal and interest required to pay any general or special assessments for public improvementsunforeseen, and each and every installment thereof (including any increases resulting from reassessments caused by any change interest on amounts which may be paid in ownership of installments) which shall or may, during the Premises 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 assessmentsLease term, which are levied or assessed againstbe levied, assessed, imposed, become due and payable, or with respect to the value, occupancyliens upon, or use arising in connection with, the use, occupancy or possession of all or become due and payable out of, or for, the entire demise premises or any portion of the Premises (as now constructed or as may at any time hereafter be constructedpart thereof, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord in contesting or negotiating the same with governmental authority. Tenant in reasonably hereby waives any right it may have by statute or otherwise to protest real estate taxes so long as Landlord is contesting or negotiating the same with the governmental authority. Nothing herein contained shall be construed to include as a tax which shall be the basis of real estate taxes, any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at inheritance, estate succession, transfer gift, franchise, corporation, income or profit tax or capital levy that is or may be imposed upon Landlord; provided, however, that if, any time during after the term date hereof the methods of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to as a substitute for the whole or any Real Property Tax described above part of the taxes now levied, assessed or imposed on real estate as such, there shall be levied, assessed or imposed (whether by reason of a) a change in tax on the method of taxation or assessment, creation of a new tax or chargerents received from such real estate, or any other cause(b) an alternate or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or a license fee measured by the gross receipts, income rents receivable by Landlord or rentals from the Premises, on Landlord’s business of leasing the Premisesany portion thereof, or (c) a tax or license fee imposed upon Landlord which is otherwise measured by or based on vehicular ownershipin whole or part upon any portion thereof. In addition to the foregoing, parkingshould any governmental authority acting under any existing or future law, employmentordinance or regulation, production levy, assess or impose a tax, excise and/or 7 assessment upon or against this Lease, the execution hereof and/or the Minimum Rent, Percentage Rent and other charges payable by Tenant to Landlord whether by way of substitution for or in addition to any existing tax or otherwise, and whether or not evidenced by documentary stamps or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, Tenant shall be included within responsible for and shall pay such tax, excise and/or assessment, or shall reimbursed Landlord for the meaning of amount thereof, as the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premisescase may be, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxesafter Tenant has received thirty (30) days' written notification.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Pharmasystems Holdings Corp

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Tax” or “Real Property Taxes,shall each mean Tenant’s Building Share (with respect to clause (i)) and Tenant’s Property Share (with respect to clauses (ii) and (iii) below) (each as used hereinhereinafter adjusted) of the following (to the extent applicable to any portion of the Lease Term, shall mean and include 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, without limitation, including all 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 otherwise) 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or for whatever reason against Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); in Building 4 or this Lease, or the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of Building 4 and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy Landlord’s business of owning, leasing or managing Building 4 or the gross receipts, income or rentals from Building 4, or based on the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at Building 4, or based on the number of persons employed by tenants of Building 4, the size (whether measured in area, volume, number of tenants or whatever) or the value of Building 4, or the type of use or uses conducted within the Premises; Building 4, (ii) except as otherwise provided herein, all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all 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 Property and/or the Common Areas (but without duplication of amounts payable on account of clause (i) above) other than Development Costs (as defined in Paragraph 13.12(c) below), and (iii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or other governmental control based upon the use of or number of parking spaces within the Premises; Common Areas, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) in the Common Areas (but without duplication of amounts payable on account of clause (i) above), and (iii) all costs and fees (including reasonable attorneys’ fees) reasonably incurred in good faith by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (iA) on the value, size, use or occupancy of the Premises Property or Landlord’s interest therein or (iiB) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (C) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, Building 4 however designated, shall be included within the meaning of the term terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term terms “Real Property Tax” or “Real Property Taxes” shall not include include: (1) estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources, or any excess profits taxes, sales taxes, franchise taxes, gift taxes, capital stock or capital gains taxes, inheritance and succession taxes, estate taxes, or documentary transfer taxes, f (2) penalties incurred as a result of Landlord’s failure to pay taxes or to file any tax or informational returns and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Property), (3) any penalties due to Landlord’s late or non-payment of any Real Property Taxes, except to the extent such late or non-payment by Landlord is directly attributable to Tenant’s failure to pay Tenant’s Share of Real Property Taxes as provided herein, (4) any items that are otherwise a Property Operating Expense so as not to double-count them, (5) any taxes which are otherwise paid by Tenant directly to the taxing authority pursuant to the terms of this Lease, (6) real estate taxes attributable to improvements made to or within other buildings in the Property which consist of tenant improvements or buildings built for other tenants (as opposed to improvements built for the common benefit of all tenants of the Property), (7) fees for transit, housing, schools, open space, child care, arts programs, traffic mitigation measures, environmental impact reports and/or traffic studies, to the extent the foregoing are payable in connection with Landlord’s obtaining of the current or future entitlements for the Property, (8) any special taxes or assessments related to any community facilities district or other assessment district relating to future improvements constructed at the Property or in connection with off-site improvements required to be constructed or paid for as the result of construction at the Property, (9) any taxes assessed on the value of improvements in the premises of any other tenant, resident, occupant or user of the Property, (10) any improvement bond or other bond, in each case to the extent arising solely from the redevelopment of the Property by Landlord or its affiliates, (11) any lump sum or prepayment of any item of Real Property Tax that is payable in installments, to the extent that such lump sum or prepayment results in an increase in Tenant’s liability for such item of Real Property Taxes in any calendar year over and above what it would have been had such item of Real Property Taxes been paid in installments (for clarity, Landlord will be permitted to include in Real Property Taxes the amount of such item as if it had been paid in installments, including interest at the rate implicit in any permitted installment payment program), or (12) any item of Real Property Tax that is the sole responsibility of another tenant of the Property to pay under its lease).

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)

Real Property Taxes. Tenant shall To the extent that the Demised Premises is currently or hereafter may be subject to property taxes, Xxxxxx agrees to pay to Landlord all Real Property Taxes relating to throughout the Premises, which shall be considered as Additional Rent payable in accordance with Section 5. term of this Lease. In , as Additional Rent, any and all real property taxes, assessments, and levies assessed against the event the Demised Premises leased hereunder consists of only a portion of the entire parcel being taxedduring each tax year, Tenant shall pay to Landlord the proportionate share of together with all penalties and interest charged (“Real Property Taxes”), unless Xxxxxx has paid all such Real Property Taxes allocated to in full when due. Should any governmental taxing authority acting under any present or future law, ordinance or regulation, levy, assess, or impose a tax, excise and/or assessment (other than an income or franchise tax) upon or against the Premises during the term Rent, or any part of this Lease it, payable 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 CollectorLandlord, then either by way of substitution (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 anywhole or in part) for non-payment or late payment thereof. Failure to request or receive a xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of 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 Tax described above there Taxes shall be leviedadded 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, assessed 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 imposed (whether by reason litigate the levy or imposition of a change 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 method tax base upon which the Real Property Taxes are levied or assessed the value of taxation or assessment, creation of a new tax or chargeany improvements made by Tenant, or of any machinery, equipment, fixtures, inventory or other cause) an alternate personal property or additional tax assets of Tenant, then Tenant shall pay the entire portion of the Real Property Taxes attributable to or charge (i) based upon such items in addition to the portion of the Real Property Taxes payable by Tenant as otherwise provided in this Section. Xxxxxxxx’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. Xxxxxx agrees to pay before delinquency all taxes imposed on or incidental to the valuepersonal property of Tenant, the conduct of its business and its use or and occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Demised Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease Agreement

Real Property Taxes. 1. Tenant To Pay All Taxes Tenant shall pay to Landlord the appropriate taxing authority, as additional rent, its prorata share of any and all Real Property Taxes relating real estate taxes, ad valorem taxes and assessments, assessments, surcharges and municipal or government charges, general and special, ordinary and extraordinary, of every kind and nature whatsoever attributable to the PremisesLeased Premises (excluding any transfer or excise tax imposed as a consequence of Landlord's transfer or assignment of its interest in this Sublease) which may be levied, imposed or assessed during any fiscal tax year which shall be considered as Additional Rent payable in accordance with Section 5. occurs wholly or partially during the term of this Lease. In the event the Premises leased hereunder consists of only a portion Lease against all of the entire parcel being taxedland, buildings and other real property improvements of the Leased Premises. If any general or special assessment is levied and assessed, Landlord can elect to either pay the assessment in full or use the installment payment method as authorized by the appropriate levying authority. If Landlord pays the assessment in full, Tenant shall pay to Landlord each time a payment of real property taxes is made a sum equal to that which would have been payable, had Landlord elected to pay such assessment under the proportionate share installment payment method (as both principal and interest, at the rate of interest utilized by the taxing authority), had Landlord used the optional installment payment method; provided, however, Tenant shall be entitled to pay such Real Property Taxes allocated assessment in full at the time Landlord pays it in full. At any time during the lease term, if Tenant has not paid when due any tax payment required hereunder or under the Third Party Leases, Landlord may elect to require the real property taxes be paid by Tenant in equal monthly installments in such amounts as are estimated and billed for each tax year by Landlord at the commencement of the lease term and at the beginning of each successive tax year during the lease term, each such installment being due on the first day of each calendar month. At any time during a tax year, Landlord may re-estimate the real properly taxes and thereafter adjust Tenant's monthly installments payable during the tax year to reflect more accurately Tenant's real property taxes. Within thirty (30) days after Landlord's receipt of tax bills for each tax year, or such reasonable time thereafter, Landlord will notify Tenant of the amount of real property taxes for the tax year in question. Any overpayment or deficiency in Tenant's payment of the real property taxes for each tax year shall be adjusted between Landlord and Tenant, and Landlord and Tenant hereby agree that Tenant shall pay Landlord or Landlord shall credit to Tenant's account (or, if such adjustment is at the end of the Term, Landlord shall pay Tenant), as the case may be, within fifteen (15) days of the aforesaid notice to Tenant, such amount necessary to effect such adjustment. The failure of Landlord to provide such notice within the time prescribed above shall not relive Tenant of any of its obligations hereunder. Notwithstanding the foregoing, if Landlord is required under law to pay real property taxes in advance, Tenant agrees to pay Landlord, upon commencement of the term of this Lease, an amount equal to the Premises during real property taxes for the entire tax year in which 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 Premisescommences, 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 event, at 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes termination of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises Tenant shall be included within the meaning entitled to a refund of the term “Real Property Taxesreal property taxes paid which are attributable to a period after this Lease expires.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lithia Motors Inc

Real Property Taxes. Tenant shall pay to Landlord all For purposes of this Lease, "Real Property Taxes Taxes" shall consist of all real estate taxes, and all other taxes relating to the PremisesBuilding or the Project, all other taxes which may be levied in lieu of real estate taxes, all assessments, assessment bonds, levies, fees and other governmental charges including but not limited to, charges for traffic facilities and improvements, water service studies, and improvements or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits, or any other purpose, which shall be considered as Additional Rent are assessed, levied, confirmed, imposed or become a lien upon the Building or the Project or become payable in accordance with Section 5. during the Term (or which become payable after the expiration or earlier termination of this LeaseLease and are attributable in whole or in part to any period during the Term), together with all costs and expenses incurred by Landlord in good faith in contesting, resisting, or appealing any such taxes, rates, duties, levies or assessments, including, without limitation, reasonable legal fees. In "Real Property Taxes" shall exclude any franchise, estate, inheritance or succession transfer tax of Landlord, or any federal or state income, profits or revenue tax or charge upon the event net income of Landlord from all sources; provided, however, that if at any time during the Premises leased hereunder consists Term there is levied or assessed against Landlord a federal, state or local tax or excise tax on rent, or any other tax however described on account of only a rent or gross receipts or any portion of the entire parcel being taxedthereof, Tenant shall pay as Additional Rent one hundred percent (100%) of any said tax or excise applicable to Landlord the proportionate share of such Real Property Taxes allocated to the Premises Rent collected from Tenant. If at any time during the term Term, the method or scope of this Lease by square footage taxation shall be altered, modified, or repealed, so as to cause the method or scope of taxation to be changed, in whole or in part, so that in substitution for the real estate taxes now assessed there may be, in whole or in part, a capital levy, tax, assessment, 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all taxes, assessments, levies and other charges imposition of any kind or nature whatsoeverupon, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 against, or with respect to the value, occupancyBuilding or the Project or the rents payable by Tenant or on the income derived from the Building or the Project, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to Landlord's ownership interest in the operation Building or existence of the PremisesProject, then any such tax capital levy, tax, assessment, or charge, however designated, imposition shall be included within the meaning definition of the term “"Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes".” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Confidential Document (Sea Coast Foods, Inc.)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Tax” or “Real Property Taxes,as used hereinshall each mean the following (to the extent applicable to any portion of the Lease Term, shall mean and include 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, without limitation, including all 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Property or any portion of the Premises (as now constructed or as may at any time hereafter be constructedthereof, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); herein, or the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Property and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord’s business of owning, leasing or managing the Premises; 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of persons employed by tenants of the Premises; Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and (iii) 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. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term terms “Real Property Tax” or “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease (LumiraDx LTD)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Tax” or “Real Property Taxes,shall each mean Tenant’s Building Share (with respect to clause (i)) and Tenant’s Property Share (with respect to clauses (ii) and (iii) below) (each as used hereinhereinafter adjusted) of the following (to the extent applicable to any portion of the Lease Term, shall mean and include 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, without limitation, including all 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 otherwise) 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or for whatever reason against Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); in Building 3 or this Lease, or the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of Building 3 and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy Landlord’s business of owning, leasing or managing Building 3 or the gross receipts, income or rentals from Building 3, or based on the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at Building 3, or based on the number of persons employed by tenants of Building 3, the size (whether measured in area, volume, number of tenants or whatever) or the value of Building 3, or the type of use or uses conducted within the Premises; Building 3, (ii) except as otherwise provided herein, all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all 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 Property and/or the Common Areas (but without duplication of amounts payable on account of clause (i) above) other than Development Costs (as defined in Paragraph 13.12(c) below), and (iii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or other governmental control based upon the use of or number of parking spaces within the Premises; Common Areas, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) in the Common Areas (but without duplication of amounts payable on account of clause (i) above), and (iii) all costs and fees (including reasonable attorneys’ fees) reasonably incurred in good faith by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date 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, assessed 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 Building 3 other cause) an alternate alternate, substitute, or additional tax use or charge (iA) on the value, size, use or occupancy of the Premises Property or Landlord’s interest therein or (iiB) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (C) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term terms “Real Property Tax” or “Real Property Taxes” shall not include include: (1) estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources, or any excess profits taxes, sales taxes, franchise taxes, gift taxes, capital stock or capital gains taxes, inheritance and succession taxes, estate taxes, or documentary transfer taxes, f (2) penalties incurred as a result of Landlord’s failure to pay taxes or to file any tax or informational returns and other taxes to the extent applicable to Landlord’s general or net income (as opposed to rents, receipts or income attributable to operations at the Property), (3) any penalties due to Landlord’s late or non-payment of any Real Property Taxes, except to the extent such late or non-payment by Landlord is directly attributable to Tenant’s failure to pay Tenant’s Share of Real Property Taxes as provided herein, (4) any items that are otherwise a Property Operating Expense so as not to double-count them, (5) any taxes which are otherwise paid by Tenant directly to the taxing authority pursuant to the terms of this Lease, (6) real estate taxes attributable to improvements made to or within other buildings in the Property which consist of tenant improvements or buildings built for other tenants (as opposed to improvements built for the common benefit of all tenants of the Property), (7) fees for transit, housing, schools, open space, child care, arts programs, traffic mitigation measures, environmental impact reports and/or traffic studies, to the extent the foregoing are payable in connection with Landlord’s obtaining of the current or future entitlements for the Property, (8) any special taxes or assessments related to any community facilities district or other assessment district relating to future improvements constructed at the Property or in connection with off-site improvements required to be constructed or paid for as the result of construction at the Property, (9) any taxes assessed on the value of improvements in the premises of any other tenant, resident, occupant or user of the Property, (10) any improvement bond or other bond, in each case to the extent arising solely from the redevelopment of the Property by Landlord or its affiliates, (11) any lump sum or prepayment of any item of Real Property Tax that is payable in installments, to the extent that such lump sum or prepayment results in an increase in Tenant’s liability for such item of Real Property Taxes in any calendar year over and above what it would have been had such item of Real Property Taxes been paid in installments (for clarity, Landlord will be permitted to include in Real Property Taxes the amount of such item as if it had been paid in installments, including interest at the rate implicit in any permitted installment payment program), or (12) any item of Real Property Tax that is the sole responsibility of another tenant of the Property to pay under its lease).

Appears in 1 contract

Samples: By And (Kodiak Sciences Inc.)

Real Property Taxes. Tenant shall pay to reimburse Landlord for all Real Property Taxes relating to assessed against the Premises, and payable with respect to any period, during the term of the Lease paid by Landlord; provided that Tenant's share of Real Property Taxes which first become due during the term hereof 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 prorated on a portion of the entire parcel being taxed, per diem basis such that Tenant shall pay to Landlord only be responsible for the proportionate share of such Real Property Taxes allocated attributable to the Premises during the term of this Lease by square footage or other reasonable basis as calculated and determined solely by Landlordperiod Tenant had occupancy rights hereunder. If the tax billing pertains entirely to the Premises, and Landlord elects by written notice to Tenant to have Tenant shall pay such Real Property Taxes directly amounts to the Tax CollectorLandlord within thirty (30) days following written demand from Landlord, then in such event it shall which demand must include to be the responsibility of Tenant to obtain all tax deemed valid hereunder true and assessment accurate bills pertaining to the Premises, and to pay (prior to delinquency) for all Real Property Taxes pertaining to for which reimbursement is sought. As used herein, the Premises, and all interest and penalties (if any) for non-payment or late payment thereof. Failure to request or receive a xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term "Real Property Taxes,” as used herein" shall include any form of real estate tax or assessment, shall mean and include (i) all taxesgeneral, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all installments of principal and interest required to pay any general ordinary or special assessments for public improvementsextraordinary, and any increases resulting from reassessments caused license fee, commercial rental tax, improvement bond or bonds, levy, or tax (other than inheritance, personal income or estate taxes) imposed upon the Premises by any change in ownership of the Premises or otherwise) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax tax, including, any city, state or levy assessmentsfederal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, levied against any legal interest of Landlord in the Premises or in the real property of which the Premises are a part. Landlord represents that it has provided Tenant with true and accurate copies of all bills for Real Property Taxes for the past twelve (12) months and that there are no pending special assessments or increased assessments or other pending new or increased costs of which are levied defined as Real Property Taxes hereunder of which notice has been sent to the Premises or assessed againstto Landlord or of which Landlord has otherwise become aware. Notwithstanding anything contained herein to the contrary, Tenant shall not be obligated to pay any portion of any special assessment, bond or other tax-related obligation that is payable with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during period after the term of this Lease has expired. If Tenant desires to contest the taxation validity of any taxes or assessment assessments for which Tenant is ultimately responsible, Tenant may do so without being in default under its obligation to pay taxes and assessments, provided Tenant institutes appropriate legal proceedings to contest the validity of the tax or assessment. Tenant shall prevent the sale of any tax certificate or the Premises prevailing as of or any property subject to the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether tax lien by reason of a change nonpayment of the tax or assessment being contested in such legal proceedings. If Tenant fails to prevent any such sale, Tenant shall deposit with Landlord at least thirty (30) days before the method contested tax or assessment would become delinquent for nonpayment (or within ten (10) days of taxation dissolution of the injunction), an amount which is sufficient to pay in full the contested tax or assessment, creation of a new tax or chargeincluding, or without limitation, all penalties and court costs if the adjudication in such proceedings should be adverse to Tenant. Landlord shall have the right to make any other cause) an alternate or additional tax or charge (i) on the valuesuch payment; provided, use or occupancy however, Landlord shall refund to Tenant any portion of the Premises or Landlord’s interest therein or (ii) on or measured deposit retained by Landlord which shall be determined by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect court not to be due to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part taxing authorities on account of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoingtaxes, the term “Real Property Taxes” penalties or costs. Landlord shall not include estate, inheritance, gift or franchise taxes of be obligated to incur any expense in connection therewith unless Tenant agrees to reimburse Landlord or the federal or state net income tax imposed on Landlord’s income from all sourcesfor such expenses.

Appears in 1 contract

Samples: Operating Lease Agreement (Dynamic Materials Corp)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Tax” or “Real Property Taxes,shall each mean Tenant’s Building Share (with respect to clause (i)) and Tenant’s Property Share (with respect to clauses (ii) and (iii) below) (each as used hereinhereinafter adjusted) of the following (to the extent applicable to any portion of the Lease Term, shall mean and include 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, without limitation, including all 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 otherwise) 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or for whatever reason against Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); in Building 2 or this Lease, or the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of Building 2 and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy Landlord’s business of owning, leasing or managing Building 2 or the gross receipts, income or rentals from Building 2, or based on the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at Building 2, or based on the number of persons employed by tenants of Building 2, the size (whether measured in area, volume, number of tenants or whatever) or the value of Building 2, or the type of use or uses conducted within the Premises; Building 2, (ii) all taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including all 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 Property and/or the Common Areas (but without duplication of amounts payable on account of clause (i) above), and (iii) all charges, levies or fees imposed by any governmental authority against Landlord by reason of environmental regulation or other governmental control based upon the use of or number of parking spaces within the Premises; Common Areas, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) in the Common Areas (but without duplication of amounts payable on account of clause (i) above), and (iii) 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. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term terms “Real Property Tax” or “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term terms “Real Property Tax” or “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. Additionally, at any time and from time to time during the Lease Term during which Tenant is leasing at least fifty percent (50%) of the leasable space at the Property, to the extent permitted pursuant to the Ground Lease, Tenant, at its cost, shall have the right to seek a reduction in or otherwise contest any Real Property Taxes by action or proceeding against the entity with authority to assess or impose the same. In order to ensure that there is not a duplication of effort, Tenant shall notify Landlord at least thirty (30) days prior to bringing or commencing any action with respect to such tax contest or reduction and if requested by Landlord, Tenant agrees not to bring or commence such action so long as Landlord is pursuing same. Landlord shall not be required to join in any proceeding or action brought by Tenant unless the provisions of applicable Laws require that such proceeding or action be brought by or in the name of Landlord, in which event Landlord shall join in such proceeding or action or permit it to be brought in Landlord’s name, provided that Tenant shall protect, indemnify, and hold Landlord free and harmless from and against any liability, cost or expense in connection with such proceeding or contest. Tenant shall continue, during the pendency of such proceeding or action, to pay the Real Property Taxes pursuant to this Paragraph 13.12(a). If Tenant is successful in such action or proceeding, Tenant shall be entitled to the benefit of the reduction in Real Property Taxes realized by Tenant in such contest or proceeding to the extent applicable to the Lease Term.

Appears in 1 contract

Samples: By and Between (Applovin Corp)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Tax” or “Real Property Taxes,as used herein, shall each mean and include Tenant’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, without limitation, including all installments instruments 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Property or any portion of the Premises (as now constructed or as may at any time hereafter be constructedthereof, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); herein, or the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Property and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord’s business of owning, leasing or managing the Premises; 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Premises; Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and (iii) 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 Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term terms “Real Property Tax” or “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 PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Premises Property shall be included within the meaning of the term terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the term terms “Real Property Tax” or “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease (Silicon Image Inc)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Tax” or “Real Property Taxes,as used herein, shall each mean 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, including all 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Project or any portion of the Premises (as now constructed or as may at any time hereafter be constructedthereof, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); herein, or the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Project, and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord’s business of owning, leasing or managing the PremisesProject 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Project, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or surface water disposal) at the Project, the number of persons employed by tenants of the PremisesProject the size (whether measured in area, volume, number of tenants or whatever) or the value of the Project, or the type of use or uses conducted within the Project; and (iii) all costs and fees (including reasonable attorneys’ attorneys fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease Term, the taxation or assessment of the Premises Project prevailing as of the commencement date Effective Date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 alternate, substitute, or additional tax or charge (i) on the value, size, use or occupancy of the Premises Project or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProject, or on Landlord’s business of owning, leasing or managing the Premises, Project or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProject, then any such tax or charge, however designated, shall be included within the meaning of the term terms “Real Property Tax” or “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 PremisesProject, then only that part of such Real Property Tax that is fairly allocable to the Premises Project shall be included within the meaning of the term terms “Real Property Tax” or “Real Property Taxes.” Notwithstanding the foregoing, the term terms “Real Property Tax” or “Real Property Taxes” shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income 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 bond with interest, Tenant shall only be responsible to pay the annual charges it would have paid had the assessment been taken to bond and such payments shall continue only during the term of this Lease.

Appears in 1 contract

Samples: Acceptance Agreement (Lexar Media Inc)

Real Property Taxes. Tenant shall pay to Landlord all The term "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 Tax" 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “"Real Property Taxes,” as used herein, " shall each mean 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, including all installments instruments 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Property or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, alteredthereof, or otherwise changed) Landlord's interest herein, or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Property and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord's business of owning, leasing or managing the Premises; 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property TaxProperty. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “terms "Real Property Tax" or "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 PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Premises Property shall be included within the meaning of the term “terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the term “terms "Real Property Tax" or "Real Property Taxes" shall not include estate, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources.

Appears in 1 contract

Samples: Lease (Scientific Learning Corp)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term "Real Property Taxes,” as used herein, " shall mean and include any ordinary or extraordinary form of assessment or special assessment, license fee, rent tax, levy, penalty (i) all if a result of Tenant's delinquency), or tax, other than net income, premium, estate, succession, inheritance, transfer or franchise taxes, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 againsttax, or with respect by any city, county, state or federal government for any maintenance or improvement or other district or division thereof, relating to the value, occupancy, or use of all or any portion part of the Premises (as now constructed or as property, including the Building and Premises. The term shall include all transit charges, housing fund assessments, real estate taxes and all other taxes relating to the Premises, Building and/or Property, all other taxes which may at any time hereafter be constructedlevied in lieu of real estate taxes, alteredall assessments, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixturesassessment bonds, equipment levies, fees, and other property governmental charges (including, but not limited to, charges for traffic facilities, improvements, child care, water services studies and improvements, and fire services studies and improvements) for amounts necessary to be expended because of Landlordgovernmental orders, real whether general or personalspecial, that ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvement, services, benefits or any other purposes which are an integral part of and located in assessed, levied, confirmed, imposed or about become a lien upon the Premises; and landscaping areas, walkwaysBuilding or Property or become payable during the Term. Landlord may, parking areasin its sole discretion but without obligation, public utilities, contest the amount or energy within the Premises; (ii) all charges, levies or fees imposed by reason validity of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If Taxes at any time during the term Term. In the event Tenant desires to contest the amount or validity of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there Taxes not otherwise contested by Landlord during the Term, Tenant shall be leviedfirst provide Landlord with written notice of such desire. Within thirty (30) days of such notice, assessed Landlord shall elect to either pursue such contest itself or imposed (whether by reason of a change in permit Tenant to pursue such contest. In the method of taxation event Landlord elects to permit Tenant to pursue such contest, then, and only then, Tenant may contest the amount or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy validity of the Premises or Landlord’s interest therein or (ii) on or measured Real Property Taxes in question by the gross receiptsappropriate proceedings, income or rentals from the Premises, on Landlord’s business provided that Tenant gives Landlord prior notice of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or chargecontest and keeps Landlord advised as to all proceedings, however designated, and provided further that Tenant shall be included within the meaning of the term “Real Property Taxes” continue to reimburse Landlord pursuant to Section 6(d) below for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part Landlord's payment of such Real Property Tax that is fairly allocable Taxes unless such proceedings shall operate to prevent or stay such payment and the Premises shall be included within the meaning collection of the term “Real Property Taxestax so contested. Landlord shall join in any such proceedings if any applicable laws, statutes, ordinances or government rule, regulation or requirement shall so require, provided that Tenant shall hold harmless, indemnify, protect and defend Landlord from and against any liability, claim, demand, cost or expense in connection therewith, including, but not limited to, actual attorneys' fees and costs reasonably incurred.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease (Seagate Software Inc)

Real Property Taxes. As Additional Rent and in accordance with Paragraph 4.D of this Lease, Tenant shall pay to Landlord 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, which shall be considered as Additional Rent payable in accordance Premises accruing with Section 5. respect to the Premises during the Term of this LeaseLease and the Extended Term (if any). The term “Real Property Taxes” shall 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 has expired. In the event the Premises leased hereunder consists consist of only a portion of the entire parcel being taxedtax parcel, Tenant shall pay to Landlord the proportionate share monthly in advance or as they become due, pursuant to statements submitted to Tenant by Landlord, Tenant’s Proportionate Share of such Real Property Taxes real estate 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 100% to the Premises, and Landlord elects by written notice to Tenant chooses to have Tenant pay such Real Property Taxes said real estate taxes directly to the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain all the tax and assessment assessments bills and pay, no less than ten (10) days prior to delinquency, the applicable real property taxes and assessments pertaining to the Premises, and failure 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 xxxx bxxx for taxes and/or assessments shall not alter provide a basis for cancellation of or extinguish non-responsibility for payment of penalties for nonpayment or late payment by Tenant’s responsibility to pay the above. The term “Real Property Taxes,” ”, as used herein, shall mean 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, including all 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 otherwisePremises) 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 against, or with respect to the value, occupancy, occupancy or use of of, all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in or about the Premises; and landscaping areas, walkways, or parking areas, public utilities, or energy within the Premises; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.Initial: MMK BUILDING: 1098 Alta PROPERTY: 1-0001

Appears in 1 contract

Samples: Lease Agreement (Sonics, Inc.)

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to the PremisesAny form of assessment, 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 taxedlicense, 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 Premisesfee, and Landlord elects by written notice to Tenant to have Tenant pay such Real Property Taxes directly to the Tax Collectorrent tax, then in such event it shall be the responsibility of Tenant to obtain all tax and assessment bills pertaining to the Premiseslevy, and to pay (prior to delinquency) all Real Property Taxes pertaining to the Premises, and all interest and penalties penalty (if any) for non-payment or late payment thereof. Failure to request or receive a xxxx for taxes and/or assessments shall not alter or extinguish result of Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used hereindelinquency), shall mean and include or tax (i) all other than net income, estate, succession, inheritance, transfer or franchise taxes), assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 againsttax, or by any city, county, state or federal government or any improvement or other district or division thereof, whether such tax is: (i) determined by the area of the Premises or any part thereof or the rent and other sums payable hereunder by Tenant or by other tenants, including, but not limited to, any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of such rent or other sums due under this Lease, (ii) upon any legal or equitable interest of Landlord in the value, occupancy, or use of all Premises or any portion of the Premises part thereof; (as now constructed iii) upon this transaction or as may at any time hereafter be constructed, altered, document to which Tenant is a party creating or otherwise changed) or Landlord’s transferring any interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the Premises; (iiiv) all chargeslevied or assessed in lieu of, levies in substitution for, or fees imposed by reason of environmental regulation in addition to, existing or other governmental control additional taxes against the Premises whether or not now customary or within the contemplation of the Premisesparties; and or (iiiv) all costs and fees (including reasonable attorneys’ fees) incurred surcharged against the Parking Area. To the extent that Landlord receives during any calendar year any rebate or refund of Real Property Taxes assessed against the Project, the Real Property Taxes for such year shall be reduced by Landlord the amount of such rebate or Tenant in reasonably contesting refund received by Landlord. Real Property Taxes shall not include any penalties, interest or late charges caused by Landlord’s failure to timely pay any Real Property Tax and in negotiating with public authorities Taxes so long as Tenant timely pays to any its share of Real Property TaxTaxes pursuant to Paragraph 15. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect Notwithstanding anything to the operation or existence of the Premisescontrary herein, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift and Tenant shall not be required to pay any tax or franchise taxes of Landlord assessment expense or the federal or state net income tax imposed any increase therein (i) levied on Landlord’s income from all sourcesrental income, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest possible term; or (iii) imposed on land and improvements other than the Project.

Appears in 1 contract

Samples: Lease (Claria Corp)

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to the PremisesAny form of assessment, which shall be considered as Additional Rent payable in accordance with Section 5. license, fee, rent tax, levy, interest or penalty (unless a result 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used hereindelinquency), shall mean and include or tax (i) all other than net income, estate, succession, inheritance, transfer or franchise taxes), assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 by any city, county, state or federal government or any improvement or other district or division thereof, whether such tax is: (i) determined by the value or levy assessmentsarea of the Project or any part thereof (or any improvements now or hereafter made to the Project or any portion thereof by Landlord, Tenant or other tenants) or the rent and other amounts payable hereunder by Tenant or by other tenants, including any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of such rent or other amounts due under this Lease; (ii) upon any legal or equitable interest of Landlord in the Project or any part thereof; (iii) upon this transaction or any document to which are Tenant is a party creating or transferring any interest in the Project; (iv) levied or assessed againstin lieu of, in substitution for, or with respect to in addition to, existing or additional taxes against the value, occupancy, Project whether or use of all not now customary or any portion within the contemplation of the Premises parties; (as now constructed v) assessed for the purpose of constructing or as may at maintaining or reimbursing the cost of construction of any time hereafter be constructedstreets, altered, utilities or otherwise changedother public improvements; (vi) surcharged against the parking area; or Landlord’s interest therein; (vii) levied upon any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other personal property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation Tenant or other governmental control tenants located on or used exclusively in connection with the operation of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant Project. Notwithstanding anything to the contrary contained in reasonably contesting any this Lease, Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” Taxes shall not include estate, inheritance, any of the following tax or assessment expenses: (a) gift or franchise taxes of Landlord or any federal, state or local income, sales or transfer tax, (b) penalties and interest, other than those attributable to Tenant’s failure to comply timely with its obligations pursuant to this Lease, (c) increases in Real Property Taxes (whether increases result from increased rate, valuation, or both) attributable to additional improvements to the federal Premises unless constructed for Tenant’s primary benefit or state net income for the common benefit of Tenant and other tenants in the Project, and (d) any Real Property Taxes in excess of the amount which would be payable if such tax imposed on Landlord’s income from all sourcesor assessment expense were paid in installments over the longest possible term.

Appears in 1 contract

Samples: Office Lease Agreement (Corcept Therapeutics Inc)

Real Property Taxes. (a) As used in this Lease, the term "Taxes" shall include any form of tax or assessment, license fee, license tax, tax or excise on rental, or any other levy, charge, expense or imposition imposed by any Federal, state, county or city authority having jurisdiction, or any political subdivision thereof, or any school, agricultural, lighting, drainage or other improvement or special assessment district (individually and collectively, "Governmental Agencies") on any interest of Landlord or Tenant (including any legal or equitable interest of Landlord or its mortgagee, if any) in the Premises, the remainder of the Shopping Center or the underlying realty including, but not limited to: (i) Any impositions (whether or not such impositions constitute tax receipts to Governmental Agencies) in substitution, partially or totally, of any impositions now or previously included within the definition of real property taxes including, without limitation, those imposed or required by Governmental Agencies to increase tax increments to Governmental Agencies and for services such as fire protection, street, sidewalk and road maintenance, refuse removal or other governmental services formerly provided without charge to property owners or occupants; (ii) any impositions allocable to or measured by the area of the Premises, the sales generated from the Premises or any rental payable under this Lease; and (iii) any impositions upon this Lease transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises. The term "Taxes" shall not include Landlord's general income taxes, inheritance, estate or gift taxes. (b) From and after the Commencement Date, Tenant shall pay to Landlord, as Additional Rental, a share of the Taxes pursuant to subparagraph (c) below. Taxes for any partial year shall be prorated. Landlord, at its option, may collect Tenant's payment of its share of Taxes after the actual amount of Taxes are ascertained or in advance, monthly or quarterly, based upon estimated Taxes. If Landlord elects to collect Tenant's share of Taxes based upon estimates, Tenant shall pay to Landlord all Real Property from and after the Commencement Date, and thereafter on the first (1st) day of each month or quarter during the Term (as determined by Landlord), an amount estimated by Landlord to be the monthly or quarterly Taxes relating payable by Tenant. Landlord may periodically adjust the estimated amount. If Landlord collects Taxes based upon estimated amounts, then following the end of each calendar year or, at Landlord's option, its fiscal year, Landlord shall furnish Tenant with a statement covering the year just expired showing the total Taxes payable by Tenant for that year and the payments made by Tenant with respect to that year, as set forth above. If the Premises, which shall be considered as Additional Rent actual Taxes 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 taxedfor that year exceed Tenant's payments for that year, Tenant shall pay to Landlord the proportionate deficiency within ten (10) days after its receipt of the statement. If Tenant's payments exceed the actual Taxes payable for that year, Tenant shall be entitled to offset the excess against the next payment(s) of Taxes that become due to Landlord. (c) If the Premises and underlying realty are part of a larger parcel for assessment purposes or are within a multi-level building ("larger parcel"), Tenant's share of such Real Property the Taxes allocated to shall be determined by multiplying all of the Premises during Taxes on the term larger parcel, excluding Taxes on the "Common Area" (as defined in Section 13.1), by a fraction, the numerator 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 which 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean 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 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 Floor Area of the Premises or otherwise) now or hereafter imposed by any governmental or quasi-governmental authority or special district having and the direct or indirect power to tax or levy assessments, denominator of which are levied or assessed against, or with respect to shall be the value, occupancy, or use of all or any portion of Floor Area in the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing larger parcel which is occupied as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises applicable calendar or Landlord’s interest therein or (ii) on or measured by the gross receiptsfiscal year, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence exclusive of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this LeaseCommon Facilities. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.9.2

Appears in 1 contract

Samples: Retail Space Lease (Chicago Pizza & Brewery Inc)

Real Property Taxes. Tenant shall agrees to 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 throughout the term of this Lease by square footage or other reasonable basis Lease, as calculated and determined solely by Landlord. If the tax billing pertains entirely to the PremisesAdditional Rent, 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, any and all interest and penalties (if any) for non-payment or late payment thereof. Failure to request or receive a xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all real property taxes, assessments, and levies assessed against the Leased Premises during each tax year ("Real Property Taxes"). Tenant covenants and other charges agrees to deposit monthly, in advance, and if requested by Landlord, with Landlord on the first day of any kind or nature whatsoever, general each calendar month throughout the Lease Term an amount equal to one-twelfth (1/12th) of Landlord's estimate of the Real Property Taxes for the next succeeding tax fiscal year. The first installment shall be due and special, foreseen and unforeseen (includingpayable by Tenant on the Rent Commencement Date, without limitation, all installments of principal and interest required to pay any general or special assessments for public improvementsproration, and any increases resulting from reassessments caused by any change in ownership the next installment shall be paid on the first day of the Premises or otherwisenext calendar month. Any underpayment of Tenant's obligations not covered by the accumulation of monthly deposits shall be paid by Tenant within fifteen (15) now or hereafter imposed by days of Landlord's demand and any governmental or quasi-governmental authority or special district having overpayment shall be credited against the direct or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to installments next coming due. Any interest earned on the value, occupancy, or use of all or any portion of escrow deposits payable hereunder shall be and remain the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord. Should any governmental taxing authority acting under any present or future law, real ordinance or personalregulation, that are levy, assess, or impose a tax, excise and/or assessment (other than an integral income or franchise tax) upon or against the Rent, or any part of and located it, payable by Tenant to Landlord, either by way of substitution (in whole or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the Premises; (iiin part) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of for or in addition to any existing tax on the Leased 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. In the event any governmental authority includes in the tax base upon which the Real Property Tax described above there shall be levied, Taxes are levied or assessed or imposed (whether 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 alternate personal property or additional tax assets of Tenant, then Tenant shall pay the entire portion of the Real Property Taxes attributable to or charge (i) based upon such items in addition to the portion of the Real Property Taxes payable by Tenant as otherwise provided in this Section. Tenant agrees to pay before delinquency all taxes imposed on or incidental to the valuepersonal property of Tenant, the conduct of its business and its use or and occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Leased Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Execustay Corp)

Real Property Taxes. Tenant shall agrees to pay to Landlord all Real Property Taxes relating to the PremisesLandlord, 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 "taxes applicable to the Premises, and all interest and penalties (if any) for non-payment or late payment thereof. Failure to request or receive a xxxx for taxes and/or assessments Property," which shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all taxes, assessments, levies bonds and other charges imposed by any government entity on The Property, any special assessments imposed on The Property for the construction or improvement of public works for the benefit of The Property, and any kind tax, fee, or nature whatsoeverexcise levied, general and specialassessed, foreseen and unforeseen (and/or based on rent, on the square footage of The Property, on the act of entering into this Lease, or on Tenant's occupancy, or any other tax, fee, or excise, however described, in substitution or in addition to taxes applicable to The Property, including, without limitation, all installments of principal and interest a so-called value added tax; provided, however, that Tenant shall not be required to pay any general or special assessments for public improvementsmunicipal, and any increases resulting from reassessments caused by any change in ownership of the Premises 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 assessmentscounty, which are levied or assessed againststate, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, federal income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or transfer taxes of Landlord. With respect to any assessments which may be levied against or on The Property and which under the federal laws then in force may be evidenced by improvement or state net income other bonds or may be paid in annual installments, there shall be included within the definition of "taxes applicable to The Property," with respect to any tax imposed fiscal year, only the current annual installment for such tax fiscal year. In the event The Property is not separately assessed, then the taxes, assessments and other charges shall be apportioned upon the ratio of total number of square feet in The Property to the total number of square feet in all offices in The Building. Within a reasonable time after the date Landlord receives each tax xxxx covering The Property, Landlord shall notify Tenant in writing of the following: (1) the total taxes applicable to The Property for the tax fiscal year in question; and (2) the basis for calculating the taxes applicable to The Property. Tenant's liability to pay taxes applicable to The Property shall be prorated on the basis of a 365-day year to account for any fractional portion of a tax fiscal year included in the term at its commencement and expiration. After expiration or termination of the term, Tenant shall pay to Landlord’s income from all sources, immediately on demand, the amount remaining unpaid toward Tenant's obligation to pay taxes applicable to The Property for the partial tax fiscal year included in the term at its end, or Landlord shall pay to Tenant any excess amounts Tenant shall have paid to Landlord for such last tax fiscal year included in the term at its end, provided Tenant is not in default.

Appears in 1 contract

Samples: Pacific Community Banking Group

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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 taxedUpon written notice from Landlord, Tenant shall pay to Landlord the proportionate share of such Real Property Taxes allocated real property tax, as defined herein, applicable to the Premises during the term of this Lease by square footage or other reasonable basis as calculated and determined solely by LandlordLease. 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as As used herein, the term "real property tax" shall mean and include (i) all taxesany form of real estate tax or assessment, assessmentsgeneral, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all installments of principal and interest required to pay any general ordinary or special assessments for public improvementsextraordinary, and any increases resulting from reassessments caused license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any change in ownership of the Premises or otherwise) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax tax, including any city, state or levy assessments, which are levied or assessed against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or chargefederal government, or any school, agricultural, sanitary, fire, street, drainage or other cause) an alternate improvement district thereof, as against any legal or additional tax or charge (i) on the value, use or occupancy equitable interest of Landlord in the Premises or in the real property of which the Premises are a part, as against Landlord’s interest therein 's right to rent or (ii) on or measured by the gross receiptsother income therefrom, income or rentals from the Premises, on and as against Landlord’s 's business of leasing the Premises. If the Premises are not separately assessable, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence Xxxxxx's liability shall be an equitable portion of the Premisesreal property taxes for all of the land and improvements included within the tax parcel assessed, then any such tax proportion to be determined by Landlord from the respective valuations assigned in the assessor's work sheets or chargesuch other information as may be reasonably available. Landlord's reasonable determination thereof, however designatedin good faith, shall be included within conclusive. If Xxxxxx believes the meaning assessed value of the term “Real Property Taxes” Premises is greater than the actual market value, Tenant, with Xxxxxxxx's prior written consent, which consent will not be unreasonably withheld, may pursue a reassessment at it's expense. Landlord shall cooperate with Tenant with such efforts. Tenant assumes all risk and expenses and liabilities if the request is denied, or in the event the assessed value is increased as a result of Xxxxxx's request for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxesreassessment.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease (Community Bancorp Inc)

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to the Premises, which shall be considered as As Additional Rent payable and in accordance with Section 5. Paragraph 4.E 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 Tenant's Share of such all Real Property Taxes allocated to the Premises that accrue during the term of this Lease by square footage or other reasonable basis as calculated Term 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 which constitute Real Property Taxes pertaining to the PremisesComplex. This obligation shall survive the expiration or earlier termination of this Lease, and all interest and penalties (if any) any Real Property Taxes are imposed by the County Assessor or other governmental authority for non-payment the period of time constituting the Lease Term, whether or late payment thereof. Failure to request or receive a xxxx not Landlord is billed for taxes and/or assessments the same during the Lease Term, Tenant shall not alter or extinguish Tenant’s responsibility to pay the above. such Real Property Taxes when they are ultimately billed, in accordance with Paragraph 4.E. The term "Real Property Taxes," as used herein, shall mean 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, including all installments of principal and interest required to pay any general or special assessments for public improvementsimprovements (not specifically relating to the Complex or any construction thereon, but generally applicable in scope) and any increases resulting from reassessments caused by any new improvements or any change in ownership of the Premises or otherwiseComplex) 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 against, or with respect to the value, occupancy, occupancy or use of of, all or any portion of the Premises Complex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s 's interest therein; any improvements located within the Premises (regardless of ownership)Complex; the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the Complex; or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the PremisesComplex; (ii) all generally applicable charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Premises; Complex (i.e. relating not solely to the Complex or the area surrounding it but as to a county or district wide program) and (iii) all costs and fees (including reasonable attorneys' fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax, but only to the extent of any relief obtained thereby. If at any time during the term of this Lease the taxation or assessment of the Premises Complex prevailing as of the commencement date Commencement Date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises Complex or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesComplex, on Landlord’s 's business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the likeComplex, or computed in any manner with respect to the operation or existence of the PremisesComplex, then any such tax or charge, however designated, shall be included within the meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the PremisesComplex, then only that the part of such Real Property Tax that is fairly allocable to the Premises Complex shall be included within the meaning of the term "Real Property Taxes." Notwithstanding the foregoingforegoing provisions of this subsection A., the term "Real Property Taxes" shall not include estate, inheritance, gift or franchise taxes of Landlord Landlord, or the federal or state net income tax imposed on Landlord’s Landlord income from all sources, or taxes, assessments, all other governmental levies, and any increases in the foregoing occasioned by or relating to the construction of improvements for other occupants of the Complex. B. Taxes on Tenant's Property.

Appears in 1 contract

Samples: Lease Agreement (Logic Devices Inc)

Real Property Taxes. Tenant shall pay to Landlord all Real Property real property taxes and general and special taxes including Possessory Interest Taxes relating to the Premises(collectively, 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein”), shall mean levied 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 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 of assessed against the Premises 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 against, or with respect to the value, occupancy, or use of all Facility or any portion of thereof. Tenant shall, semiannually, pay the Premises Real Property Taxes not later than the Taxing Authority’s (as now constructed or as may at any time hereafter be constructeddefined below) delinquency date. If, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term Term, any authority having the power to tax, including any federal, state or county government or any political subdivision thereof (collectively, “Taxing Authority”), shall alter the methods and/or standards of this Lease taxation and assessment against the taxation legal or assessment equitable interests of Landlord in the Premises prevailing or Facility or any other improvements located or constructed thereon, in whole or in part, so as of the commencement date of this Lease shall be altered so that to impose a monetary obligation on Landlord in lieu of or in addition to the taxes and assessments in existence as of the date of this Ground Lease, such taxes or assessments based thereon, including: (a) any Real Property Tax described above there shall be leviedtax, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation excise, surcharge, fee, levy, penalty, bond or similar imposition (collectively, “Impositions”), on Landlord’s right to rental or other income from the Premises or Facility or as against Landlord’s leasing of a new tax the Premises, (b) any Impositions in substitution or chargein lieu, partially or totally, of any other causeImpositions assessed upon real property prior to any such alteration, (c) an alternate any Impositions allocable to or additional tax measured by the area of the Facility and/or Premises or charge (i) on the valuerental payable hereunder, including any Impositions levied by any Taxing Authority with respect to the receipt of such rental or with respect to the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant or any subtenant of the Premises or Landlord’s Facility or any portion thereof, (d) any Impositions upon this lease transaction or any document to which Tenant is a party which creates or transfers any interest therein or estate in or to the Facility and/or Premises or any portion thereof, or (iie) on any special, unforeseen or measured by the gross receiptsextraordinary Impositions which, income or rentals from the Premisesalthough not specifically described above, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such can fairly be characterized as a real property tax or charge, however designateda substitute for real property tax, shall be included within the meaning of the term “considered as Real Property Taxes” Taxes for the purposes of this Ground Lease. If any Real Property Tax is based in part upon property or rents unrelated to the PremisesTaxes shall exclude, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoinghowever, the term “Real Property Taxes” shall not include estate, inheritanceall general income taxes, gift or franchise taxes, inheritance taxes of Landlord or the federal or state net income tax imposed on and estate taxes, if any, owed by Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease Agreement

Real Property Taxes. Tenant shall pay Landlord, as Additional Rent in the manner described below, an amount equal to Landlord all Tenant’s Pro Rata Share of 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during for the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed Office Unit in any manner with respect to the operation full or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Leasepartial calendar year. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estatemean real and personal property taxes, inheritanceassessments, gift including omit tax, and other governmental impositions and charges of every kind and nature, now or franchise taxes hereafter imposed, including surcharges with respect thereto and interest thereon, if Landlord, at its sole option, elects to amortize assessments over a period exceeding one year, which may during the Term of Landlord this Lease be levied, assessed, imposed, or otherwise become due and payable with respect to the Office Unit, including the tenant improvements, and the Office Unit and all improvements, fixtures, and equipment thereon, or the use, occupancy or possession thereof; taxes on property of Tenant which have not been paid by Tenant directly to the taxing authority; any taxes levied or assessed upon or measured by the Condominium, the Premises, or the Office Unit, or any amounts received by Landlord in connection therewith or hereunder, but not including any federal or state net income income, estate, or inheritance tax imposed on upon the Landlord, all determined with respect to the period for which such taxes are (or would have been if timely levied) due and payable; and any taxes levied or assessed in lieu of, or as a substitute for, the foregoing in whole or part. Notwithstanding the foregoing, Real Property Taxes shall not include: (a) any inheritance, estate, succession, transfer, gift, franchise, or capital stock tax; (b) any gross or net income taxes; (c) any excise taxes imposed upon Landlord based upon gross or net rentals or other income received by it; or (d) Real Property Taxes assessed against the Property for periods of time prior to the Commencement Date. Landlord shall provide a copy of the tax xxxx to Tenant upon request. All special assessments shall be deemed paid by Landlord over the maximum payment period allowed by applicable law and Tenant shall be liable for its pro rata share of the minimum annual payment thereon. If, after Tenant shall have made a payment of real estate taxes, Landlord shall have received a refund of any portion of the real estate taxes, Landlord shall credit to Tenant an amount equal to Tenant’s income from proportionate share of the net refund, after deducting Tenant’s proportionate share of all sourcesreasonable expenses incurred in obtaining such refund. Notwithstanding the foregoing, if the Office Unit is sold within three years of the Commencement Date, and such sale causes an increase in real estate taxes, then real estate tax increases shall be capped at five percent (5) annually for the two years following such sale.

Appears in 1 contract

Samples: Lease (Avalara Inc)

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to Commencing on the Premises, which shall be considered as Additional Rent payable in accordance with Section 5. of this Lease. In Commencement Date and continuing throughout the event the Premises leased hereunder consists of only a portion of the entire parcel being taxedTerm, Tenant shall will pay or cause 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 Premisesbe paid, 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 real property taxes and assessments now or hereafter levied or assessed against the Premises (the “Taxes”). Notwithstanding the foregoing, 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (ia) all any inheritance, estate, succession, transfer, gift, franchise, or capital stock tax; (b) any gross or net income taxes of Landlord; or (c) any excise taxes imposed upon Landlord based upon gross or net rentals or other income received by it (collectively, the “Excluded Taxes”), unless the present method of assessment or taxation is changed so that the whole or any part of the taxes, assessments, levies and other or charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of on real estate and improvements thereon are changed or discontinued and as a change substitute therefore, taxes, assessments, levies or charges are levied, assessed and/or imposed wholly or partially upon Landlord in the method form of taxation one or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy more of the Premises or Landlord’s interest therein or (ii) on or measured by Excluded Taxes, in which event Taxes will include the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect Excluded Taxes to the operation extent so levied, assessed or existence of imposed. Taxes will be prorated between the Premises, then parties for any such tax partial year after the Commencement Date or charge, however designated, shall be included within at the meaning of the term “Real Property Taxes” for purposes expiration or other termination of this Lease. If any Real Property Tax is based in part upon property or rents unrelated Tenant shall pay Taxes assessed against the Premises directly to the Premisestaxing authority prior to delinquency and shall provide Landlord with copies of paid tax receipts or other evidence of payment within ten (10) business days following such payment. If Tenant fails to pay any Taxes when required to be paid hereunder and that failure continues for more than five (5) business days after written notice from Landlord, then only that part of then, in addition to any other remedies available to Landlord under this Lease, Landlord may pay such Real Property Tax that is fairly allocable to Taxes, in which event Tenant must immediately reimburse Landlord for the Premises amount thus advanced by Landlord, together with the administrative charge and interest at the Default Rate on such sums as provided in Section 15.7. Any refunds, rebates and discounts received by Landlord in connection with such Taxes shall be included within credited against the meaning next installment of the term “Real Property TaxesRent due hereunder.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Lease Agreement (Intermountain Community Bancorp)

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 pay and discharge as calculated they become due, promptly and determined solely by Landlord. If the tax billing pertains entirely to the Premisesbefore delinquency, 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all taxes, assessments, levies special assessments, rates, license fees, municipal liens, levies, excises or imports of every nature and other charges kind levied, assessed, charged or imposed on or against the Premises, Tenant's leasehold interest in the Premises, personal property of any kind owned or nature whatsoeverplaced in the Premises by Tenant, general or, except for taxes measured by Landlord's total income, the rents from, or privilege of renting, the Premises. All such taxes and specialcharges (with the exception of personal property taxes on Tenant's personal property) shall be prorated if necessary at the commencement and expiration of the Lease term. Tenant shall provide Landlord with copies of paid tax receipts within five (5) days of the date when such taxes, foreseen and unforeseen (includingor any installment thereof, without limitationbecome due. Notwithstanding the foregoing, all Tenant shall be obligated to pay 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 of (using the Premises or otherwiselongest amortization schedule available) 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time coming due during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be leviedLease. In addition, assessed or imposed (whether by reason of a change in the method event the holder of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) mortgage on the value, use or occupancy of the Premises or any improvements thereon does not require, and in the event Tenant shall be in default with respect to payment of any amounts hereunder, at Landlord’s interest therein 's request, Tenant shall pay monthly, as additional rent, along with regular base rent payments, an amount equal to one-twelfth (1/12) of Tenant's estimated annual real estate tax, personal property tax or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner special assessment obligation next becoming due with respect to the operation Premises. Tenant's estimated annual real estate tax obligation shall not be less than its prior year's real estate-tax obligation. Landlord shall hold such additional rent payments in escrow, with no obligation to pay interest thereon, for the sole purpose of satisfying Tenant's real estate tax obligation. Tenant shall have the right at its own cost and expense to initiate and prosecute any proceedings permitted by law for the purpose of obtaining an abatement of or existence otherwise contesting the validity or amount of taxes assessed to or levied upon the Premises and required to be paid against Landlord's estate and, if required by law, Tenant may take such action in the name of Landlord who shall cooperate with Tenant to such extent as Tenant may reasonably require, provided, however, that Tenant shall fully indemnity and save Landlord harmless from all loss, cost, damage and expense incurred by or to be incurred by Landlord as a result thereof, and further provided Tenant shall, at Landlord's request, escrow or post a bond for the full amount of the Premises, then any tax claimed pending such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxesproceedings.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Invitrogen Corp

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to the Premisespay, which shall be considered as Additional Rent payable in accordance with Section 5. of under this Lease. In , to the event the Premises leased hereunder consists of only a portion relevant authority or entity, in lawful money of the entire parcel being taxedUnited States, 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 without offset or other reasonable basis as calculated and determined solely by Landlord. If the tax billing pertains entirely to the Premisesdeduction, 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all taxes, assessments, levies rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and other kind whatsoever, including all governmental charges of any every name, nature or kind that may be levied, assessed, charged or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all installments of principal and interest required to pay any general imposed or special assessments for public improvements, and any increases resulting from reassessments caused by any change in ownership of may be or become a lien or charge upon the Premises or otherwise) now any part thereof; or hereafter imposed by any governmental upon the rent or quasi-governmental authority income of Tenant; or special district having upon the direct use or indirect power to tax or levy assessments, which are levied or assessed against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control occupancy of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting upon any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as buildings or improvements that are or are hereafter placed upon the Premises; or upon the leasehold of Tenant or upon the commencement date of this Lease shall be altered so that in lieu of estate hereby created; or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether upon Landlord by reason of its ownership of the fee underlying this Lease (but not including any franchise, transfer, inheritance, or capital stock taxes or income taxes measured by the net income of Landlord unless, due to a change in the method of taxation taxation, any of such taxes is levied or assessmentassessed against Landlord as a substitute for, creation of a new tax in whole or chargein part, or any other cause) an alternate tax that would otherwise be the responsibility of Tenant). if at any time during the Term, under any Applicable Laws, any tax is levied or additional tax assessed against Landlord directly, in substitution in whole or charge (i) on the valuein part for real property taxes, use or occupancy Tenant covenants and agrees to pay and discharge such tax. All of the Premises or Landlord’s interest therein or (ii) on or measured by foregoing taxes, assessments and other charges which are the gross receipts, income or rentals from the Premises, on Landlord’s business responsibility of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect Tenant are herein referred to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term as “Real Property Taxes.” Notwithstanding the foregoingTenant shall obtain and deliver to Landlord, the term “promptly upon request therefor, satisfactory evidence of payment of all Real Property Taxes. Any Real Property Taxes relating to a fiscal period of any taxing authority, only a part of which period is included within the Term, shall not include estatebe prorated as between Landlord and Tenant so that Landlord shall pay the portion thereof attributable to any period outside the Term, inheritance, gift or franchise taxes of Landlord or and Tenant shall pay the federal or state net income tax imposed on Landlord’s income from all sourcesportion thereof attributable to any period within the Term.

Appears in 1 contract

Samples: Commercial Lease (Tesla Motors Inc)

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. For purposes 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “"Real Property Taxes,” as used herein, " shall mean any and include (i) 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 ordinary or extraordinary, which Landlord shall pay or become obligated to pay 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 unforeseen 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 or otherwise), transit taxes, and ad valorem taxes. Real Property Taxes shall also include all tees, costs and expenses (including, without limitation, all installments of principal reasonable legal fees and interest required to pay court costs) paid by Landlord in connection with protesting or contesting, or seeking a refund or reduction of, any general or special assessments for public improvements, and any increases resulting from reassessments caused by any change in ownership of the Premises 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 assessmentsaforesaid Real Property Taxes, which are levied or assessed against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); whether the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Taxis ultimately successful. If at any time during the term of this Lease the taxation Term hereof, a tax or assessment 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 Premises prevailing 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 amount to be included for such calendar year (a) from special taxes or assessments payable in installments, shall be the amount of the commencement date of this Lease installments (and any interest) due and payable during such calendar year, (b) from all other Real Property Taxes, shall be altered so that in lieu the amount of or in addition the payments thereof due and payable during such calendar year, and (c) from any adjustments (including, without limitation, a refund) to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured Taxes by the gross receiptstaxing authority, income when such adjustment has resulted in a corresponding adjustment payment by or rentals from to Landlord, shall constitute an adjustment to Real Property Taxes for the Premisescalendar year to which such adjustment is applicable, on regardless of when such adjustment is made or received by Landlord’s business , as the case may be. Landlord shall refund to Tenant Tenant's Share of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed any net refund (after deducting therefrom all reasonable expenses incurred in obtaining such refund) received by Landlord of any manner with respect Real Property Taxes paid by Tenant pursuant to the operation or existence terms of this Lease, up to the Premises, then any amount paid by Tenant on account of such tax or charge, however designated, shall be included within the meaning of the term “refunded Real Property Taxes” for purposes of this Lease. If any Real Property Taxes shall not include any net income (except Rent Tax is based in part upon property as hereinabove provided), capital, stock, succession, transfer, franchise, gift, estate or rents unrelated to inheritance taxes, unless the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises same shall be included within the meaning imposed in lieu of the term “all or any portion of Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Work Letter Agreement (Bionx Implants Inc)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as As used herein, shall mean 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 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include mean any and all real property taxes, assessments and impositions levied against the Project and the various estates therein, all personal property taxes levied on personal property of Lessor used in the management, operation, maintenance and repair of the Project, all taxes, assessments and reassessments of every kind and nature whatsoever levied or assessed in lieu of or in substitution for existing or additional real or personal property taxes and assessments on the Project, service payment in lieu of taxes, excises, transit charges and fees, housing, park and child care assessments, development and other assessments, reassessments, levies, fees or charges, general and special, ordinary and extraordinary, unforeseen as well as foreseen, of any kind which are assessed, levied, charged, confirmed, or imposed by any public authority upon the Project, its operations or the rent received from the Project, or amounts necessary to be expended because of governmental orders, whether general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind and nature for public improvements, services, benefits, or any other purposes which are assessed, levied, confirmed, imposed or become a lien upon the Premises or Project or become payable during the Lease Term (hereinafter collectively “Impositions”). In the case of any Impositions which may be evidenced by improvement or other bonds or which may be paid in annual or other periodic installments, Lessor shall elect to cause such bonds to be issued or cause such assessment to be paid in installments over the maximum period permitted by law, and such installment payments would be applicable for determining amounts to be included with and paid as Basic Costs. Nothing contained in this Lease shall require Lessee to pay any franchise, estate, inheritanceinheritance or succession transfer tax of Lessor, gift or franchise taxes of Landlord any income, profits or revenue tax or charge, upon the federal or state net income tax imposed on Landlord’s income of Lessor from all sources; provided, however, that if at any time during the Lease Term under the laws of the United States government or the State of California, or any political subdivision thereof, a tax or excise on Rent is levied or assessed by any such political body against Lessor on account of collection of Rent, or a portion thereof, Lessee shall pay one hundred percent (100%) of any such tax or excise as Additional Rent. Outside of Base Rent, Lessee shall not be responsible for paying any additional cost associated with Real Property Taxes.

Appears in 1 contract

Samples: Office Lease

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating applicable to the Premises, which shall be considered as Additional Rent payable in accordance with Section 5. Premises directly to the applicable taxing authority during the term of this Lease. In All such payments shall be made at least ten (10) days prior to the event delinquency date of such payment. Tenant shall promptly furnish Landlord with satisfactory evidence that all Real Property Taxes have been paid. If any Real Estate Taxes paid by Tenant shall cover any period of time prior to or after the Premises leased hereunder consists of only a portion expiration of the entire parcel being taxedterm hereof, Tenant shall pay to Landlord the proportionate Tenant's share of such Real Property Taxes allocated taxes shall be equitably prorated to cover only the Premises during period of time within 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 fiscal year applicable to the Premises, and Landlord elects by written notice to Tenant to have Tenant pay such Real Property Taxes directly during which this Lease shall be in effect, and Landlord shall reimburse Tenant to the Tax Collector, then in such event it extent required within thirty (30) days of the expiration of the Term. If Tenant shall be the responsibility of Tenant to obtain all tax and assessment bills pertaining to the Premises, and fail to pay (prior to delinquency) all any Real Property Taxes pertaining to Taxes, Landlord shall have the Premises, and all interest and penalties (if any) for non-payment or late payment thereof. Failure to request or receive a xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility right to pay the abovesame, in which event Tenant shall repay such amount to Landlord with Tenant's next rent installment together with interest at the rate applicable hereunder for sums overdue after any applicable notice or grace period. The For purposes of this Lease, the term "Real Property Taxes,” as used herein" shall include any form of real estate tax or assessment, shall mean and include (i) all taxesgeneral, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all installments of principal and interest required to pay any general ordinary or special assessments for public improvementsextraordinary, and any increases resulting from reassessments caused license fee, commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any change in ownership of the Premises or otherwise) now or hereafter imposed by any governmental or quasi-governmental authority or special district having the direct or indirect power to tax tax, including any city, state or levy assessments, which are levied or assessed against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or chargefederal government, or any school, agricultural, sanitary, fire, street, drainage or other cause) an alternate improvement district thereof, as against any legal or additional tax equitable interest of Landlord in the Premises or in the real property of which the Premises are a part, as against Landlord's right to rent or other income therefrom, and as against Landlord's business of leasing the Premises. The term "Real Property Taxes" shall also include any tax, fee, levy, assessment or charge (i) on in substitution of, partially or totally, any tax, fee, levy assessment or charge hereinabove included within the valuedefinition of "Real Property Taxes", use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business nature of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be which was hereinbefore included within the meaning definition of the term “"Real Property Taxes” for purposes of this Lease. If any Real Property Tax ", or (iii) which is based in part upon property added to a tax or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be charge hereinbefore included within the meaning definition of "Real Property Taxes" by reason of such transfer, (iv) which is imposed by reason of this transaction, any modifications or changes hereto or any transfers hereof, or (v) any fee assessed or charged by any third party in connection with any assessment appeal or Real Property Taxes valuation adjustment which actually results in a reduction of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Office Space Lease (Nco Group Inc)

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. For purposes 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term Real Property Taxes,as used herein, shall mean and include all assessment, license, fee, rent, tax, levy, interest, or tax (iother than Landlord’s net income, estate, succession, inheritance, gift, excise, transfer or franchise taxes) all taxescharges, assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 againsttax, or with respect by any city, county, state or federal government or any improvement or other district or division thereof, on the real property comprising the Project, including any land and improvements thereon, whether such tax is: (i) determined by the value or area of the Project or any part thereof (or any improvements now or hereafter made to the value, occupancy, or use of all Project or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of thereof by Landlord, real Tenant or personal, that are an integral part of and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the Premisesother tenants); (ii) all charges, levies upon any legal or fees imposed by reason equitable interest of environmental regulation Landlord in the Project or other governmental control of the Premisesany part thereof; and (iii) all costs and fees upon this transaction or any document to which tenant is a party creating or transferring any interest in the Project; (including reasonable attorneys’ feesiv) incurred by Landlord levied or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that assessed in lieu of of, in substitution for, or in addition to, existing or additional taxes against the Project whether or not now customary or within the contemplation of the parties; or (v) assessed upon real property generally for the purpose of constructing or maintaining or reimbursing the cost of construction of any streets, utilities, or other public improvements. Notwithstanding anything to the contrary contained herein, Property Taxes shall not include any amounts payable by Tenant under Paragraph 5.E below. With respect to any Real Property Tax described above there shall taxes or assessments which may be levied, assessed levied against or imposed (whether by reason of a change in upon the method of taxation or assessment, creation of a new tax or chargeProject, or which under the Laws then in force may be evidenced by improvements or other bonds or may be paid in annual installments only the amount of such annual installment (with appropriate proration for any other causepartial year) an alternate or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s and interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, due thereon shall be included within the meaning computations of the term “annual taxes and assessments levied against the Project (but any credit given by the taxing authorities against any such installation arising from earlier payments or earlier funding or reserves shall be disregarded in the calculation of any such annual assessments). If Landlord receives a reduction in Real Property Taxes” for purposes Taxes attributable to the Base Year as a result of this Lease. If any commonly called Proposition 8 application, then Real Property Tax is based Taxes for the Base Year shall be calculated as if no Proposition 8 reduction in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property TaxesTaxes were received.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Office Lease Agreement (Slack Technologies, Inc.)

Real Property Taxes. As Additional Rent and in accordance with Paragraph 5(e) of this Lease, Tenant shall pay to Landlord Landlord, monthly in advance pursuant to an Estimate or as they become due pursuant to statements submitted by Landlord, Tenant’s Proportionate Share (which shall be allocated to the Premises by square footage or other equitable basis, as calculated by Landlord) of all Real Property Taxes relating to the Premises, which shall be considered as Additional Rent payable in accordance with Section 5. Complex accruing during the Term 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,shall also include supplemental taxes related to the period of the Term whenever levied, including such taxes that may be levied after the Term has expired. The term “Real Property Taxes”, as used herein, shall mean 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, including all installments of principal and interest required to pay any general or special assessments for public improvements, improvements and any increases in taxes resulting from reassessments caused by any change in ownership of the Premises or otherwisePremises) 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 against, or with respect to the value, occupancy, occupancy or use of of, all or any portion of the Premises Complex (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises Complex (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in the Complex; or about the Premises; and landscaping areas, walkways, parking areasParking Areas, public utilities, or energy within the PremisesComplex; (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the PremisesComplex; and (iii) all costs assessments, taxes, fees, levies and fees charges may be imposed by governmental agencies for services such as fire protection, street, sidewalk and road maintenance, refuse removal and for other governmental services; (including reasonable attorneys’ feesiv) incurred governmental or private assessments or the Complex’s contribution towards a governmental or private cost-sharing agreement for the purpose of augmenting or improving the quality of services and amenities normally provided by Landlord governmental agencies; (v) any assessment, tax, fee, levy, or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as charge allocable to any Real Property Tax. If at any time during or measured by the term of this Lease the taxation or assessment area of the Premises prevailing as of or the commencement date of this Lease shall be altered so that in lieu of Rent payable hereunder, including, without limitation, any business or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new gross income tax or chargeexcise tax with respect to the receipt of such rent, or any other cause) an alternate upon or additional tax or charge (i) on with respect to the valuepossession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownershipany portion thereof; (vi) any assessment, parkingtax, employmentfee, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax levy or charge, however designatedupon this transaction or any document to which Tenant is a party, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based creating or transferring an interest or an estate in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.the

Appears in 1 contract

Samples: Lease (Neophotonics Corp)

Real Property Taxes. Tenant shall pay to Landlord all The term "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 Tax" 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “"Real Property Taxes,” as used herein, " shall each mean and include Tenant'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, without limitation, including all installments instruments 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Property or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, alteredthereof, or otherwise changed) Landlord's interest herein, or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Property and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord's business of owning, leasing or managing the Premises; 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of person employed by tenants of the Premises; Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and (iii) 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 Premises Property prevailing as of the commencement date 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, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “terms "Real Property Tax" or "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 PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Premises Property shall be included within the meaning of the term “terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, the term “terms "Real Property Tax" or "Real Property Taxes" shall not include (i) estate, sales, inheritance, transfer, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources; (ii) any Real Property Taxes occasioned by or relating to assessments and other fees for improvements and services which do not benefit the Property; (iii) any penalties resulting from Landlord's failure to pay Real Property Taxes before delinquency (unless Tenant has failed to pay Landlord hereunder or if Tenant has assumed responsibility for payment of such taxes directly); or (iv) any increase in Real Property Taxes due to 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 installments.

Appears in 1 contract

Samples: Lease (Adept Technology Inc)

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to Without limiting the Premisesforegoing, 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 Premisesinclude, and Landlord elects by written notice Tenant agrees to Tenant to have Tenant bear, discharge and pay such Real Property Taxes directly to as the Tax Collector, then in such event it shall be the responsibility of Tenant to obtain all tax and assessment bills pertaining to the Premisessame become due, and to pay (prior to before 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used herein, shall mean and include (i) all taxes, assessments, levies rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and other kind whatsoever, including all governmental charges of every name, nature or kind that may be levied, assessed, charged or imposed or maybe or become a lien or charge upon the Premises or any kind part thereof; or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all installments upon the rent or income of principal and Tenant; or upon the use or occupancy of the Premises; or any document creating or transferring an estate or interest required to pay in the Premises; upon any general of the buildings or special assessments for public improvements, and improvements existing at any increases resulting from reassessments caused time during the Term upon the Premises; or upon the leasehold of Tenant; or upon Landlord by any change in reason of its ownership of the Premises (but not including any franchise, transfer, inheritance, or otherwise) now capital stock taxes or hereafter imposed income taxes measured by the net income of Landlord unless, due to a change in the method of taxation, any governmental or quasi-governmental authority or special district having the direct or indirect power to tax or levy assessments, which are of such taxes is levied or assessed againstagainst Landlord as a substitute for, in whole or with respect to in part, any other tax that would otherwise be the value, occupancy, or use responsibility of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownershipTenant); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation Term, under any Applicable Laws, any tax is levied or assessment assessed against Landlord directly, in substitution in whole or in part for real property taxes, Tenant covenants and agrees to pay and discharge such tax. All of the Premises prevailing foregoing taxes, assessments and other charges which are the responsibility of Tenant are herein referred to as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect to the operation or existence of the Premises, then any such tax or charge, however designated, shall be included within the meaning of the term Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Tenant shall have no obligation to pay (a) any portion of an increase in Property Taxes” shall not include estate, inheritanceif any, gift attributable to a reassessment for assessment year 2007-2008 as a result of Landlord’s recent acquisition of the ground lease interest in the Premises; or franchise (b) any environmental assessment, charges or liens arising in connection with the remediation of Hazardous Materials from the Premises, the causation of which arose prior to the delivery of the Premises to Tenant, or to the extent caused by Landlord or any of Landlord’s agents, (c) costs or fees (other than general real property taxes) payable in connection with Landlord’s right to further develop the Premises, and (d) property transfer taxes, stamp or recording taxes attributable to Landlord’s transfer of ownership of the Premises or any interest of Landlord or the federal or state net income tax imposed on Landlord’s income from all sourcestherein.

Appears in 1 contract

Samples: Commercial Lease (Tesla Motors Inc)

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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as As used herein, the term "Taxes" shall mean all real property taxes and include (i) all taxes, assessments, levies water and sewer taxes and assessments, and any and all other charges governmental levies, taxes or charges, general or special, ordinary or extraordinary, unforeseen as well as foreseen, of any kind or of nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 against, or with respect to the value, occupancy, or use of all or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, altered, or otherwise changed) or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in 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 reason of environmental regulation or other governmental control of the Premises; and (iii) all costs and fees (including reasonable attorneys’ fees) incurred by Landlord or Tenant in reasonably contesting any Real Property Tax and in negotiating with public authorities as to any Real Property Tax. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether from time to time during any part of the Term by reason the City of New Haven and/or any other governmental taxing authority, upon the Property, the Building and/or the parking lot(s) from time to time serving the Building; provided, however, that Taxes shall not include any income or corporate franchise tax levied on Landlord. If, due to a future change in the method of taxation or assessmentin the taxing authority, creation of a new tax or chargegovernmental imposition, however designated (including, without limitation, any tax measured or any other cause) an alternate or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner payable with respect to income, profits, rents or other charges received by Landlord and levied against Landlord, the operation Property and/or the Building) shall be levied against Landlord, the Property and/or the Building in substitution, in whole or existence in part, or as an addition to or in lieu of the Premisesany Taxes, then any such tax or charge, however designated, governmental imposition shall be deemed to be included within the meaning definition of the term “Real Property "Taxes" for the purposes hereof. Landlord shall deliver to Tenant a copy of this Leaseeach tax xxxx it receives from the City of New Haven and/or any other governmental taxing authority for Taxes, together with an invoice and a calculation of Tenant's Pro Rata Share of Taxes. Within ten (10) business days following Tenant's receipt of such invoice and copy of the tax xxxx, Tenant shall pay to Landlord, as Additional Rent hereunder, Tenant's Pro Rata Share of Taxes assessed for any period any part of which shall occur during the Term. If any Real Property Tax is based in part upon property Landlord receives an abatement of Taxes from the City of New Haven or rents unrelated to the Premisesother governmental taxing authority following receipt by Landlord of payment from Tenant for Tenant's Pro Rata Share of such Taxes, then only that part Landlord shall within ten (10) business days of its receipt of such Real Property Tax that is fairly allocable abatement refund to the Premises shall be included within the meaning Tenant Tenant's Pro Rata Share of the term “Real Property Taxessuch abatement.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.

Appears in 1 contract

Samples: Vion Pharmaceuticals Inc

Real Property Taxes. Tenant shall pay to Landlord all The term "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 Tax" 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 xxxx for taxes and/or assessments shall not alter or extinguish Tenant’s responsibility to pay the above. The term “"Real Property Taxes,” as used herein, " shall each mean 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, including all installments instruments 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 otherwise) 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 against, or with respect to for whatever reason against the value, occupancy, or use of all Property or any portion of the Premises (as now constructed or as may at any time hereafter be constructed, alteredthereof, or otherwise changed) Landlord's interest herein, or Landlord’s interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, Landlord that are is an integral part of the Property and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilitiesthereon, or energy within Landlord's business of owning, leasing or managing the Premises; 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 environmental regulation or other governmental control based upon the use of or number of parking spaces within the Property, the amount of public services or public utilities used or consumed (e.g. water, gas, electricity, sewage or waste water disposal) at the Property, the number of Persons employed by tenants of the Premises; Property, the size (whether measured in area, volume, number of tenants or whatever) or the value of the Property, or the type of use or uses conducted within the Property, and (iii) 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. If If, at any time during the term of this Lease Term, the taxation or assessment of the Premises Property prevailing as of the commencement date of this Lease Commencement Date shall be altered so that in lieu of or in addition to any of the Real Property Tax described above there shall be levied, assessed 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 alternate, substitute, or additional tax use or charge (i) on the value, size, use or occupancy of the Premises Property or Landlord’s 's interest therein or (ii) on or measured by the gross receipts, income or rentals from the PremisesProperty, or on Landlord’s 's business of owning, leasing or managing the Premises, Property or based on vehicular ownership, parking, employment, production or the like, or (iii) computed in any manner with respect to the operation or existence of the PremisesProperty, then any such tax or charge, however designated, shall be included within the meaning of the term “terms "Real Property Tax" or "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 PremisesProperty, then only that part of such Real Property Tax that is fairly allocable to the Premises Property shall be included within the meaning of the term “terms "Real Property Tax" or "Real Property Taxes." Notwithstanding the foregoing, (a) the term “terms "Real Property Tax" or "Real Property Taxes" shall not include estate, inheritance, gift or transfer, gift, franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s 's income from all sources, foreign ownership or control, succession, recording, payroll or stamp taxes; (b) for purposes of determining the Real Property Taxes which shall be included in Property Operating Expenses, in no event shall Real Property Taxes for any Expense Year be less than the Real Property Taxes for the Base Year. Any Real Property Taxes that are permitted to be paid in installments over a period of time (without the imposition of interest, penalties or other charge) shall be deemed paid in the maximum number of permitted installments and only the minimum number of installments required in any given year may be included in Property Operating Expenses for any Expense Year; provided, however, that if the prevailing practice in comparable first-class office buildings in the Central Perimeter Market of Atlanta, Georgia is to pay such Real Property Taxes on an earlier basis, and Landlord pays on such earlier basis, such Real Property Taxes shall be included in Property Operating Expenses in the calendar year that the same are paid.

Appears in 1 contract

Samples: Lease (Crawford & Co)

Real Property Taxes. Tenant shall pay to Landlord all Real Property Taxes relating to the PremisesAny form of assessment, 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 taxedlicense, 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 Premisesfee, and Landlord elects by written notice to Tenant to have Tenant pay such Real Property Taxes directly to the Tax Collectorrent tax, then in such event it shall be the responsibility of Tenant to obtain all tax and assessment bills pertaining to the Premiseslevy, and to pay (prior to delinquency) all Real Property Taxes pertaining to the Premises, and all interest and penalties penalty (if any) for non-payment or late payment thereof. Failure to request or receive a xxxx for taxes and/or assessments shall not alter or extinguish result of Tenant’s responsibility to pay the above. The term “Real Property Taxes,” as used hereindelinquency), shall mean and include or tax (i) all other than net income, estate, succession, inheritance, transfer or franchise taxes), assessments, levies and other charges of any kind or nature whatsoever, general and special, foreseen and unforeseen (including, without limitation, all 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 of the Premises 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 againsttax, or by any city, county, state or federal government or any improvement or other district or division thereof, whether such tax is: (i) determined by the area of the Premises or any part thereof or the rent and other sums payable hereunder by Tenant or by other tenants, including, but not limited to, any gross income or excise tax levied by any of the foregoing authorities with respect to receipt of such rent or other sums due under this Lease, (ii) upon any legal or equitable interest of Landlord in the value, occupancy, or use of all Premises or any portion of the Premises part thereof; (as now constructed iii) upon this transaction or as may at any time hereafter be constructed, altered, document to which Tenant is a party creating or otherwise changed) or Landlord’s transferring any interest therein; any improvements located within the Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located in or about the Premises; and landscaping areas, walkways, parking areas, public utilities, or energy within the Premises; (iiiv) all chargeslevied or assessed in lieu of, levies in substitution for, or fees imposed by reason of environmental regulation in addition to, existing or other governmental control additional taxes against the Premises whether or not now customary or within the contemplation of the Premisesparties; and or (iiiv) all costs and fees (including reasonable attorneys’ fees) incurred surcharged against the Parking Area. To the extent that Landlord receives during any calendar year any rebate or refund of Real Property Taxes assessed against the Project, the Real Property Taxes for such year shall be reduced by Landlord the amount of such rebate or Tenant in reasonably contesting refund received by Landlord. Real Property Taxes shall not include any penalties, interest or late charges caused by Landlord’s failure to timely pay any Real Property Tax and in negotiating with public authorities Taxes so long as Tenant timely pays to any its share of Real Property TaxTaxes pursuant to Paragraph 15. If at any time during the term of this Lease the taxation or assessment of the Premises prevailing as of the commencement date of this Lease shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, 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 or additional tax or charge (i) on the value, use or occupancy of the Premises or Landlord’s interest therein or (ii) on or measured by the gross receipts, income or rentals from the Premises, on Landlord’s business of leasing the Premises, or based on vehicular ownership, parking, employment, production or the like, or computed in any manner with respect Notwithstanding anything to the operation or existence of the Premisescontrary herein, then any such tax or charge, however designated, shall be included within the meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based in part upon property or rents unrelated to the Premises, then only that part of such Real Property Tax that is fairly allocable to the Premises shall be included within the meaning of the term “Real Property Taxes.” Notwithstanding the foregoing, the term “Real Property Taxes” shall not include estate, inheritance, gift and tenant shall not be required to pay any tax or franchise taxes of Landlord assessment expense or the federal or state net income tax imposed any increase therein (i) levied on Landlord’s income from all sourcesrental income, unless such tax or assessment expense is imposed in lieu of real property taxes; (ii) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest possible term; or (iii) imposed on land and improvements other than the Project.

Appears in 1 contract

Samples: Tenant Improvement Agreement (BigBand Networks, Inc.)

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