TAXES AND OPERATING COSTS. 7 Section 3.1 Taxes Payable by the Landlord................................7 Section 3.2 Taxes Payable by the Tenant..................................7 Section 3.3 Business Taxes and Other Taxes of the Tenant.................8 Section 3.4 Tenant's Responsibility......................................8 Section 3.5 Tenant's Proportionate Share of Operating Costs..............9 Section 3.6 Payment of Taxes and Operating Costs.........................9 ARTICLE 4
TAXES AND OPERATING COSTS. 8.1 Tenant’s Tax Obligations 11 8.2 Goods and Services Taxes 12 8.3 Tenant’s Share 12 8.4 Notices of Assessment etc 13 8.5 Utility/Communication/Service Charges 13 ARTICLE 9 ENVIRONMENTAL MATTERS 9.1 Environmental Laws 14 9.2 Tenant’s Responsibility 14 9.3 Assessment of the Premises 15 9.4 Contaminants at the End of the Term 16 9.5 Landlord’s Indemnity and Covenant 16 ARTICLE 10 TRANSFERS, ASSIGNMENTS AND SUBLETTINGS 10.1 Consent Required 17 10.2 Change of Control 18 10.3 Leasehold Charges 19 10.4 Permitted Transfers 20 10.5 Transfer by Landlord 20 TABLE OF CONTENTS (continued) Page
TAXES AND OPERATING COSTS. (a) Tenant shall pay, as additional rent hereunder, an amount equal to its Expense Percentage of Taxes and Operating Costs incurred in connection with the ownership and operation of the Center. The Tenant’s Expense Percentage is determined by dividing the gross rentable area of the Premises by the gross rentable area of the Center (exclusive of any basement space or the Office Space as defined below). The “Office Space” is the area located on the second floor of the East Building of the Center. At such time as any of the Office Space is leased, it shall be included and shall remain in the gross rentable area of the Center, and Tenant’s Expense Percentage shall be reduced accordingly throughout the term of this Lease. .
TAXES AND OPERATING COSTS. 17 5.1 Net Net Lease 17 5.2 Landlord’s Tax Obligations 17 5.3 Tenant’s Tax Obligations 17 5.4 Determination of Tenant’s Tax Obligations 18 5.5 Method of Payment of Taxes 18 5.6 Operating Costs 19 5.7 Payment of Additional Rent 20 5.8 Adjustment of Additional Rent and Tenant’s Right to Audit 20 ARTICLE VI UTILITIES AND ADDITIONAL SERVICES 20 6.1 Water and Telephone 20 6.2 Electricity 20 6.3 Additional Services 20 6.4 Supply of Utilities 21 6.5 Service Outside of Normal Business Hours 21 ARTICLE VII ASSIGNING AND SUBLETTING 21 7.1 Assignments and Subletting 21 7.2 Mortgage of Lease 23 7.3 Consent Required 23 7.4 Effect of Transfer 24 7.5 Non-Consent Transfers 24 ARTICLE VIII FIXTURES AND IMPROVEMENTS 25 8.1 Installation of Fixtures and Improvements 25 8.2 Liens and Encumbrances on Fixtures and Improvements 25 8.3 Removal of Fixtures and Improvements 26 8.4 Non-Standard Leasehold Improvements 26 8.5 Occupational Health and Safety 27 ARTICLE IX INSURANCE AND LIABILITY 27 9.1 Landlord’s Insurance 27 9.2 Agents 29 9.3 Tenant’s Insurance 29 9.4 Mutual Release 30 9.5 Mutual Indemnity 31 ARTICLE X SUBORDINATION, ATTORNMENT AND CERTIFICATES 31 10.1 Subordination and Attornment 31 10.2 Certificates 32 ARTICLE XI EVENTS OF DEFAULT AND REMEDIES 32 11.1 Events of Default and Remedies 32 11.2 Payment of Rent, etc. on Termination 34 11.3 Renunciation 34 ARTICLE XII MISCELLANEOUS 34 12.1 Registration 34 12.2 Notice 34 12.3 Extraneous Agreements 35 12.4 Construction 35 12.5 Non-Waiver 35 12.6 Accord and Satisfaction 35 12.7 Governing Law 35 12.8 Time of the Essence 35 12.9 No Partnership 35 12.10 Force Majeure 35 12.11 Contra Proferentem 36 12.12 Planning Act 36 12.13 Access 36 12.14 Transfers by the Landlord 36 12.15 Occupancy 36 12.16 Leased Premises 37 12.17 Successors and Assigns 37 12.18 Area Determination 37 12.19 Intentionally deleted 37 12.20 Confidentiality, Personal Information 37 12.21 Decisions of Experts 37 ARTICLE XIII TELECOMMUNICATIONS AND WIFI 37 13.1 Landlord’s Consent 37 13.2 Limitation of Responsibility 38 13.3 Limitation of Liability 38 13.4 Indemnification 39 ARTICLE XIV ENVIRONMENTAL PROVISIONS 39 14.1 Environmental and Sustainability Objectives 39 14.2 Environmental Covenants 39 14.3 Indemnity 40 14.4 General Requirements 40 14.5 Tenant’s Remediation 41 14.6 Environmental Assessment and Reporting 41 14.7 Landlord’s Environmental Representation and Warranty 42 ARTICLE XV BUILDING CERTIFICATION 42 15.1 Building Certification 42 ARTICLE XVI OTHER PROVIS...
TAXES AND OPERATING COSTS. (a) As Additional Rent, Tenant shall pay to Landlord Tenant's Pro Rata Share of Operating Costs incurred and Taxes levied or billed during the Term. Tenant’s Operating Costs shall not exceed $.40 per square foot for the First Lease Year(s). The Operating Costs (excluding taxes, insurance, and snow removal expenses) shall not increase by more than three (3%) percent annually during each successive Lease Year from the Initial Lease Year, excluding taxes, insurance, and snow removal. Landlord will provide Tenant with a projected operating cost budget and list of services within thirty (30) days of Lease execution by both parties.
TAXES AND OPERATING COSTS. Section 3.01 Taxes Payable by Landlord Section 3.02 Tenant's Share of Taxes Section 3.03 Tenant's Share of Operating Cost Section 3.04 Management Fee Section 3.05 Tenant's Taxes Section 3.06 Tenant's Responsibility Section 3.07 Payment of Estimated Taxes, Operating Costs and Management Fee ARTICLE IV - LEASED PREMISES - CONTROL AND SERVICES
TAXES AND OPERATING COSTS. The Landlord and Tenant further covenant and agree:
TAXES AND OPERATING COSTS. 8.1 Landlord's Tax Obligations 7 8.2 Tenant's Tax Obligations 7 8.3 Goods and Services Taxes 7 8.4 Receipts for Payment 8 8.5 Postponement of Payment of Taxes 8 8.6 Receipts of Payment 8 8.7 Operation Cost 8 8.8 Allocation to Particular Tenant 8
TAXES AND OPERATING COSTS. Each Tenant is responsible under its Lease for Taxes and Operating Costs, as said terms are defined in its Lease. Seller shall pay to Purchaser at Closing any payments received from the Tenants for Taxes and Operating Costs to the extent the same have not been previously applied. In addition, Seller shall reimburse Purchaser for any such items relating to the period prior to Closing which are not due and payable under the Leases. It is understood that the payments received by Landlord from Tenants for Taxes and Operating Costs are based on estimates of Taxes and Operating Costs and are annually adjusted pursuant to the Leases. The parties agree to readjust any credits given at Closing for Taxes and Operating Costs for the period prior to Closing based upon such readjustments for the year of Closing. These agreements shall expressly survive the Closing.
TAXES AND OPERATING COSTS. Prior to the Commencement Date, and from time to time thereafter, the Landlord shall notify the Tenant of the Landlord's estimate of the annual Taxes and Operating Costs for which the Tenant is responsible under this Lease. For greater certainty, if the Leased Premises are not the only rentable space in the Building, then the Tenant shall be responsible for the Tenant's Proportionate Share of such Taxes and Operating Costs with respect to the Building as a whole, and shall be solely responsible for such Taxes and Operating Costs as are reasonably attributable and/or billed directly to the Tenant's occupancy and use of the Leased Premises. Except with respect to items being paid directly by the Tenant, the Tenant shall pay such estimated amounts to the Landlord in equal monthly instalments in advance on the first day of each month during the Term as Additional Rent. Within a reasonable period of time after the end of either the Landlord's fiscal year or the calendar year, as applicable, the Landlord shall furnish to the Tenant a statement of the actual amount of Taxes and Operating Costs (the "Statement") and, as applicable, the actual amount of the Tenant's Proportionate Share of Taxes and Operating Costs. If the actual amount payable by the Tenant according to any such Statement is greater or lesser than the payments made by the Tenant on account of same, the appropriate adjustment will be made between the parties within thirty (30) days after delivery of such Statement. Absent manifest error, each Statement will be final and conclusive between the parties, their successors and assigns, as to the matters set forth therein.
