Common use of TAXES, ASSESSMENTS AND UTILITIES Clause in Contracts

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Lessee agrees to pay, as the same shall become due, all ad valorem taxes and assessments, general and special, and all other government impositions which may be levied upon or levied against the leased premises or any part thereof until the termination of the original term and of any extended term of this Lease. The property taxes and assessments for the first and last year of the original term or any extended term, as the case may be, shall be prorated between Lessor and Lessee so that Lessee will be responsible for any such tax or assessment attributable to the period during which Lessee has Lease obligations for the leased premises. Any tax and/or assessment of any kind or nature presently or hereafter imposed or assessed, either by way of substitution for or in lieu of all or any part of the taxes and assessments levied or assessed against the leased premises or any part thereof by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over upon, against or with respect to the rentals payable by Lessee to Lessor or on the income of Lessor derived from the leased premises or with respect to the Lessor's, or the individuals or entities which form the Lessor herein, ownership of the leased premises, shall be deemed to constitute a tax and/or assessment against the leased premises for the purpose of this Section and Lessee shall be obligated to pay those taxes. Notwithstanding anything contained herein to the contrary, Lessee's obligation hereunder shall not include the payment of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed on or against or with respect to the rentals payable by Lessee to Lessor, except to the extent that such tax is assessed in lieu of or in substitution for existing ad valorem taxes on real property which are hereafter modified, abolished or repealed in whole or in part.

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Lessee agrees to payThat it will forthwith pay all taxes, as the same shall become dueassessments, all ad valorem taxes water and assessmentssewer charges and public charges, general and special, and all other government impositions which may be levied upon or levied of every nature, now existing against the leased premises Mortgaged Property, the improvements thereon and appurtenances thereto, and pay before delinquent all taxes, assessments, water and sewer charges and public charges, general and special, of every nature hereafter levied or any part thereof until assessed thereon. In the termination event of the original term and enactment after the date hereof of any extended term Federal law or law of this Lease. The property taxes and assessments the State of Kansas deducting from the value of land for the first and last year purpose of taxation, any lien thereon, or changing in any way the laws now in force for the taxation of mortgages or debts secured by mortgages, or the manner of the original term collection of any such taxes, so as to materially or adversely affect this Mortgage or the debt secured hereby, then, in such case the whole of the unpaid principal sum secured by this Mortgage, together with the interest accrued thereon, shall, at the option of Mortgagee and without notice to any extended termparty, as become immediately due and payable; provided, however, Mortgagee agrees that it will not exercise such option to so declare such indebtedness to be immediately due and payable if Mortgagor shall pay before the case may be, same shall be prorated between Lessor and Lessee so that Lessee will be responsible for delinquent any tax, imposition or assessment imposed by any such tax law resulting in Mortgagee having to bear directly or assessment attributable to indirectly the period during which Lessee has Lease obligations for the leased premises. Any tax and/or assessment of any kind or nature presently or hereafter imposed or assessed, either by way of substitution for or in lieu of all whole or any part of the taxes and assessments levied any tax, imposition or assessed against the leased premises or any part thereof by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over upon, against assessment imposed upon or with respect to the rentals payable by Lessee Mortgaged Property or this Mortgage or the lien created hereby. Mortgagor will pay (or cause to Lessor be paid) before delinquent all charges for gas, electricity, water, sewer or on the income of Lessor derived from the leased premises or with respect other public utility services furnished to the Lessor's, or Mortgaged Property. In the individuals or entities which form the Lessor herein, ownership event Mortgagor shall fail to pay any of the leased premises, foregoing before delinquent Mortgagee may (but shall not be obligated to) pay the same and any interest and penalties thereon and the sums so advanced with all costs and expenses thereof shall be deemed to constitute a tax and/or assessment against secured hereby in accordance with the leased premises for the purpose provisions of this Section and Lessee shall be obligated to pay those taxes. Notwithstanding anything contained herein to the contrary, Lessee's obligation hereunder shall not include the payment of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed on or against or with respect to the rentals payable by Lessee to Lessor, except to the extent that such tax is assessed in lieu of or in substitution for existing ad valorem taxes on real property which are hereafter modified, abolished or repealed in whole or in part2.14 below.

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Section 4.01: Lessee agrees to pay, as the same shall become due, pay Lessor its proportionate share of all ad valorem taxes and assessments, general and special, and all other government impositions assessments which have been or may be levied upon or levied assessed by any lawful authority, for any calendar year during the term hereof, against the leased premises or land and Leased Premises presently and/or at any part thereof until time during the termination of the original term and of any extended term of this LeaseLease comprising the Building. The property Lessee's proportionate share shall be equal to the product obtained by multiplying such taxes and assessments for by a fraction, the first and last year numerator of the original term or any extended term, as the case may be, which shall be prorated between Lessor the number of square feet of floor area in the Leased Premises, and Lessee so that Lessee will the denominator of which shall be responsible for any such tax or assessment attributable to the period during which Lessee has Lease obligations for total number of square feet of constructed leasable floor area in the leased premisesBuilding. Any tax and/or assessment of any kind or nature presently or hereafter imposed or assessed, either by way of substitution for or in lieu of all or any part of the taxes and assessments levied or assessed against the leased premises or any part thereof by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over upon, against or with respect to the rentals payable by Lessee tenants in the Building to Lessor or on the income of Lessor derived from the leased premises Building or with respect to the Lessor's, or the individuals or entities which form the Lessor herein, ownership of the leased premisesland and buildings presently and/or at any time during the term of this Lease comprising the Building, either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, shall be deemed to constitute a tax and/or assessment against the leased premises such land and such buildings for the purpose of this Section Section, and Lessee shall be obligated to pay those taxesits proportionate share thereof as provided herein. Notwithstanding anything contained herein In addition, Lessee shall also be obligated to pay any sales tax imposed by any governmental authority on the contrary, Lessee's obligation hereunder shall not include payments by Lessee or on the payment receipt by Lessor of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed on or against or with respect to and all payments from Lessee. If the rentals payable by Lessee to Lessor, except to the extent that such sales tax is assessed in lieu separately assessed, then Lessee shall pay that amount imposed on the individual payments of or in substitution for existing ad valorem taxes on real property which are hereafter modifiedLessee; if the sales tax is not separately assessed, abolished or repealed in whole or in partthe Lessee shall pay its proportionate share monthly as provided herein.

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Section 5.01: Lessee agrees to pay, as the same shall become due, pay to Lessor its proportionate share of all ad valorem taxes and assessments, general and special, and all other government impositions assessments which have been or may be levied upon or levied assessed by any lawful authority, for any calendar year during the term hereof against the leased premises or land and buildings presently and/or at any part thereof until time during the termination of the original term and of any extended term of this LeaseLease comprising AIRSIDE COMMERCE PARK. The property Lessee further agrees to pay its proportionate share of an "amount in lieu of taxes" or an "additional amount in lieu of taxes" as may be assessed to or on Lessor or on its land or its improvements, in the event Lessor's, or Lessee's leasehold interest, or Lessor's or Lessee's leasehold improvements are not subject to the City of Orlando ad valorem tax levy. Lessee's proportionate share shall be equal. to the product obtained by multiplying such taxes and assessments for by a fraction, the first and last year numerator of the original term or any extended term, as the case may be, which shall be prorated between Lessor the number of square feet of floor area in the Leased Premises, and Lessee so that Lessee will the denominator of which shall be responsible for any such tax or assessment attributable to the period during which Lessee has Lease obligations for the leased premisestotal number of square feet of net constructed leasable floor area in Airside Commerce Park, plus fifteen percent (15%) administration fee. Any tax and/or assessment or payment in lieu thereof of any kind or nature presently or hereafter imposed by the State of Florida or assessedany political subdivision thereof or any governmental authority having jurisdiction thereover, upon, against or with respect to the rentals payable by tenants in Airside Commerce Park or with respect to the Lessor's, or the individuals' or entities' which form the Lessor herein, ownership of the land and buildings presently and/or at any time during the term of the Lease comprising the AIRSIDE COMMERCE PARK, or on the receipt by Lessor of any payments from Lessee, or on the income of Lessor derived from Airside Commerce Park either by way of substitution for or in lieu of all or any part of the taxes and assessments levied or assessed against the leased premises such land and such buildings, or in addition thereto, or any part thereof other tax or assessment assessed by the State of Michigan or any political subdivision thereof or any governmental proper taxing authority having jurisdiction there over upon, against or with respect to the rentals payable by Lessee to Lessor on Lessor's leasehold interest or on the income of Lessor derived from the leased premises or with respect to the Lessor's, or the individuals or entities which form the Lessor herein, ownership of the leased premisesany improvements on such leasehold interest, shall be deemed to constitute a tax and/or assessment against the leased premises such land and such buildings for the purpose of this Section and Lessee shall be obligated to pay those taxesits proportionate share thereof as provided herein. Notwithstanding anything contained herein In addition, Lessee shall also be obligated to the contrary, Lessee's obligation hereunder shall not include pay any sales tax or any other tax imposed by any governmental authority on the payment by Lessee or on the receipt by Lessor of any incomeand all payments from Lessee. If the sales tax or any other tax is separately assessed, gross receiptsthen Lessee shall pay that amount imposed on the individual payments of Lessee, rentalsif the sales tax or any other tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided-herein. All costs and expenses incurred by Lessor in connection with negotiations for, or other form contests, (including litigation) of use, tax the amount of general applicability assessed on or against or with respect to the rentals payable by Lessee to Lessor, except to taxes shall be included within the extent that such tax is assessed in lieu of or in substitution for existing ad valorem taxes on real property which are hereafter modified, abolished or repealed in whole or in partterm taxes.

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Lessee 6.01 Tenant agrees to pay, at least thirty (30) days before they become delinquent, as additional rent for the same shall become due, Premises all ad valorem taxes and assessments, general and special, and all other government impositions Real Estate Taxes (as hereinafter defined) which may be levied upon levied, assessed or levied against imposed on the leased premises Premises or any part thereof until thereof, or on any building or improvements at any time situated thereon, during or pertaining to the termination of the original term and of any extended term Term of this Lease, and Tenant shall provide Landlord with receipts evidencing payment of the Real Estate Taxes at least ten (10) days before such Real Estate Taxes become delinquent. The property taxes and assessments Real Estate Taxes for the first year of the Term and the last year of the original term or any extended term, as the case may be, shall Term of this Lease will be prorated between Lessor Landlord and Lessee Tenant so that Lessee Tenant will be responsible for any such tax or assessment Real Estate Taxes attributable to the period during which Lessee has Tenant is entitled to possession of the Premises. At the end of the Lease obligations Term, provided Tenant is not then in default under the Lease, Landlord will reimburse Tenant for any Real Estate Taxes paid by Tenant for the leased premisestime period after the end of the Lease Term. Any tax and/or The so-called "due date" method of proration will be used (as if Public Act 80 of 1994 were never enacted), it being presumed that Real Estate Taxes are payable in advance. For example, if Real Estate Taxes were due and payable on July 1, 2001 and December 1, 2001, and the Commencement Date is February 1, 2002, then Tenant shall reimburse Landlord on the Commencement Date for Tenant's pro rata share of Real Estate Taxes for that period from February 1, 2002 to July 1, 2002, and for that period from February 1, 2002 to December 1, 2002. Tenant shall pay to Landlord its pro rata portion of the current Real Estate Taxes for the first year of this Lease on the Commencement Date. If at any time during the term hereof the Premises are not taxed by separate assessment, Tenant shall pay its pro rata share of the assessment of any kind or nature presently or hereafter imposed or assessedReal Estate Taxes that covers the Premises, either by way computed based on the percentage that the total square footage of substitution for or in lieu the improvements bears to the total square footage of all or any part of buildings and improvements, including the taxes and assessments levied or assessed against the leased premises or any part thereof improvements, covered by the State assessment of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over uponReal Estate Taxes which covers the improvements, against or with respect reduced by that portion of such Real Estate Taxes attributable to land without buildings thereon, and Tenant shall pay its proportionate share of such Real Estate Taxes within ten (10) days after receipt of an invoice therefore from Landlord. If Tenant shall fail to timely pay the rentals payable by Lessee to Lessor or on the income of Lessor derived from the leased premises or with respect to the Lessor's, or the individuals or entities which form the Lessor Real Estate Taxes as provided herein, ownership of the leased premisesLandlord may, shall at its option, pay such Real Estate Taxes, and any amount so paid by Landlord will be deemed to constitute a tax and/or assessment against the leased premises for the purpose of this Section additional rental due and Lessee shall be obligated to pay those taxes. Notwithstanding anything contained herein to the contrary, Lessee's obligation hereunder shall not include the payment of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed payable on or against or before the next Rent Day, together with respect to the rentals payable by Lessee to Lessor, except to the extent that such tax is assessed late charges and interest as provided in lieu of or in substitution for existing ad valorem taxes on real property which are hereafter modified, abolished or repealed in whole or in partSection 5 hereof.

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Section 4.01: Lessee agrees to pay, as the same shall become due, pay Lessor its proportionate share of all ad valorem taxes and assessments, general and special, and all other government impositions assessments which have been or may be levied upon or levied assessed by any lawful authority, for any calendar year during the term hereof, against the leased premises or land and Leased Premises presently and/or at any part thereof until time during the termination of the original term and of any extended term of this LeaseLease comprising the Building. The property Lessee's proportionate share shall be equal to the product obtained by multiplying such taxes and assessments for by a fraction, the first and last year numerator of the original term or any extended term, as the case may be, which shall be prorated between Lessor the number of square feet of floor area in the Leased Premises, and Lessee so that Lessee will the denominator of which shall be responsible for any such tax or assessment attributable to the period during which Lessee has Lease obligations for total number of square feet of constructed leasable floor area in the leased premisesBuilding. Any tax and/or assessment of any kind or nature presently or hereafter imposed or assessed, either by way of substitution for or in lieu of all or any part of the taxes and assessments levied or assessed against the leased premises or any part thereof by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over upon, against or with respect to the rentals payable by Lessee tenants in the Building to Lessor or on the income of Lessor derived from the leased premises Building or with respect to the Lessor's, or the individuals or entities which form the Lessor herein, ownership of the leased premisesland and buildings presently and/or at any time during the term of this Lease comprising the Building, either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, shall be deemed to constitute a tax and/or assessment against the leased premises such 'land and such buildings for the purpose of this Section and Section, and' Lessee shall be obligated to pay those taxesits proportionate share thereof as provided herein. Notwithstanding anything contained herein In addition, Lessee shall also be obligated to pay any sales tax imposed by any governmental authority on the contrary, Lessee's obligation hereunder shall not include payments by Lessee or on the payment receipt by Lessor of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed on or against or with respect to and all payments from Lessee. If the rentals payable by Lessee to Lessor, except to the extent that such sales tax is assessed in lieu separately assessed, then Lessee shall pay that amount imposed on the individual payments of or in substitution for existing ad valorem taxes on real property which are hereafter modifiedLessee; if the sales tax is not separately assessed, abolished or repealed in whole or in partthe Lessee shall pay its proportionate share monthly as provided herein.

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Section 4.01: Lessee agrees to pay, as the same shall become due, pay Lessor its proportionate share of all ad valorem taxes and assessments, general and special, and all other government impositions assessments which have been or may be levied upon or levied assessed by any lawful authority, for any calendar year during the term hereof, against the leased premises or land and Leased Premises presently and/or at any part thereof until time during the termination of the original term and of any extended term of this LeaseLease comprising the Building. The property Lessee's proportionate share shall be equal to the product obtained by multiplying such taxes and assessments for by a fraction, the first and last year numerator of the original term or any extended term, as the case may be, which shall be prorated between Lessor the number of square feet of floor area in the Leased Premises, and Lessee so that Lessee will the denominator of which shall be responsible for any such tax or assessment attributable to the period during which Lessee has Lease obligations for total number of square feet of constructed leasable floor area in the leased premisesBuilding. Any tax and/or assessment of any kind or nature presently or hereafter imposed or assessed, either by way of substitution for or in lieu of all or any part of the taxes and assessments levied or assessed against the leased premises or any part thereof by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over upon, against or with respect to the rentals payable by Lessee tenants in the Building to Lessor or on the income of Lessor derived from the leased premises Building or with respect to the Lessor's, or the individuals or entities which form the Lessor herein, ownership of the leased premisesland and buildings presently and/or at any time during the term of this Lease comprising the Building, either by way of substitution for all or any part of the taxes and assessments levied or assessed against such land and such buildings, or in addition thereto, shall be deemed to constitute a tax and/or assessment against the leased premises such land and such buildings for the purpose of this Section Section, and Lessee shall be obligated to pay those taxesits proportionate share thereof as provided herein. Notwithstanding anything contained herein In addition, Lessee shall also be obligated to pay any sales tax imposed by any governmental authority on the contrarypayments by Lessee or on the receipt by Lessor of any and all payments from Lessee. If the sales tax is separately assessed, then Lessee shall pay that amount imposed on the individual payments of Lessee; if the sales tax is not separately assessed, the Lessee shall pay its proportionate share monthly as provided herein. 5745 (Lessee's obligation hereunder shall not include the payment square feet) / 28,776 (square feet of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed on or against or with respect to the rentals payable by Lessee to Lessor, except to the extent that such tax is assessed in lieu of or in substitution for existing ad valorem taxes on real property which are hereafter modified, abolished or repealed in whole or in part.building) = .1996 (Lessee's share)

TAXES, ASSESSMENTS AND UTILITIES. 4.01 Lessee agrees to payThat it will forthwith pay all taxes, as the same shall become dueassessments, all ad valorem taxes water and assessmentssewer charges and public charges, general and special, and all other government impositions which may be levied upon or levied of every nature, now existing against the leased premises Mortgaged Property, and pay before delinquent all taxes, assessments, water and sewer charges and public charges, general and special of every nature hereafter levied or any part thereof until assessed thereon. In the termination event of the original term and enactment after the date hereof of any extended term Federal law or law of this Lease. The property taxes and assessments the State of South Dakota deducting from the value of land for the first and last year purpose of taxation, any lien thereon, or changing in any way the laws now in force for the taxation of deeds of trust or mortgages or debts secured by deeds of trust or mortgages, or the manner of the original term collection of any such taxes, so as to affect this Mortgage or the Indebtedness, then, in such case the whole of the unpaid principal sum secured by this Mortgage, together with the interest accrued thereon, shall, at the option of the Lender, without notice to any extended termparty, as become immediately due and payable; provided, however, Lender agrees that it will not exercise such option to so declare such indebtedness to be immediately due and payable if Borrower shall pay before the case may be, same shall be prorated between Lessor and Lessee so that Lessee will be responsible for delinquent any tax, imposition or assessment imposed by any such tax law resulting in Lender having to bear directly or assessment attributable to indirectly the period during which Lessee has Lease obligations for the leased premises. Any tax and/or assessment of any kind or nature presently or hereafter imposed or assessed, either by way of substitution for or in lieu of all whole or any part of the taxes and assessments levied any tax, imposition or assessed against the leased premises or any part thereof by the State of Michigan or any political subdivision thereof or any governmental authority having jurisdiction there over upon, against assessment imposed upon or with respect to the rentals payable by Lessee Mortgaged Property or this Mortgage or the lien created hereby. Borrower will pay (or cause to Lessor be paid) before delinquent all charges for gas, electricity, water, sewer or on the income of Lessor derived from the leased premises or with respect other public utility services furnished to the Lessor's, or Mortgaged Property. In the individuals or entities which form the Lessor herein, ownership event Borrower shall fail to pay any of the leased premisesforegoing before delinquent, Lender may (but shall not be obligated to) pay the same and any interest and penalties thereon and the sums so advanced with all costs and expenses thereof shall be deemed to constitute a tax and/or assessment against secured hereby in accordance with the leased premises for the purpose of this Section and Lessee shall be obligated to pay those taxes. Notwithstanding anything contained herein to the contrary, Lessee's obligation hereunder shall not include the payment of any income, gross receipts, rentals, or other form of use, tax of general applicability assessed on or against or with respect to the rentals payable by Lessee to Lessor, except to the extent that such tax is assessed in lieu of or in substitution for existing ad valorem taxes on real property which are hereafter modified, abolished or repealed in whole or in partprovisions hereof.