Common use of Tenant to Pay Impositions Clause in Contracts

Tenant to Pay Impositions. Tenant shall pay or cause to be paid, in a timely manner and as hereinafter provided, all of the following items, if any, ("Impositions"): (a) real property taxes and assessments with respect to the Premises or any portion thereof; (b) Tenant's personal property taxes; (c) occupancy and rent taxes specifically assessed against the Premises and/or Tenant; (d) water, water meter and sewer rents, rates and charges; (e) license and permit fees related to Tenant's use or occupancy of the Premises; (f) service charges, with respect to police protection, fire protection, street and highway maintenance, construction and lighting, sanitation and water supply, if any; (g) taxes imposed or levied upon or assessed against the Premises, or Landlord as the owner of the Premises, to the extent such taxes are measured by Base Rent or other Rent payable hereunder, but only to the extent that such taxes would be payable if the Premises were the only property of Landlord; (h) intentionally omitted; (j) payments in lieu of each of the foregoing, whether or not expressly so designated; (k) fines, penalties and other similar or like governmental charges applicable to any of the foregoing and any interest or costs with respect thereto to the extent not caused by Landlord's negligent act or omission; and (l) any and all other federal, state, county and municipal governmental and quasi-governmental levies, fees, rents, assessments or taxes and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of every kind and nature whatsoever, and any interest or costs with respect thereto, which at any time during, prior to or after (but attributable to a period falling within) the Term are (1) assessed, levied, confirmed, imposed upon, or would grow or become due and payable out of or in respect of, or would be charged with respect to, Tenant's use and occupancy of the Premises or any document to which Tenant is a party creating or transferring an interest or estate in the Premises or this transaction, and/or (2) encumbrances or liens on Tenant's use and occupancy of (i) the Premises; (ii) any other appurtenances of the Premises; (iii) any personal property, equipment serving the Building or other facility used in the operation thereof; or (iV) the Base Rent or other Rent (or any portion thereof) payable by Tenant hereunder. Each such Imposition, or installment thereof, during the Term shall be paid before the last day the same may be paid without fine, penalty, interest or additional cost. Notwithstanding anything contained in the foregoing to the contrary, Landlord may, if from time to time required by Landlord's mortgagee, reasonably estimate in advance the amounts Tenant shall owe for real property taxes and assessments for any full or partial calendar year of the Term. In such event, Tenant shall pay to Landlord's mortgagee 1/12th of such estimated amounts, on a monthly basis, on or before the first day of each calendar month. Tenant shall pay such estimated amounts to Landlord's mortgagee at the time Tenant pays its monthly installments Base Rent to Landlord. Such estimate may be reasonably adjusted from time to time by Landlord. If Landlord shall have Tenant pay such taxes on a monthly basis in accordance with this paragraph, the following shall apply:

Appears in 1 contract

Samples: Lease (Autocam International LTD)

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Tenant to Pay Impositions. Tenant shall pay or cause to be paid, directly to the applicable taxing authority (except as otherwise expressly set forth in Section 30.01 hereof) in a timely manner and as hereinafter provided, all of the following items, if any, to the extent that such items arise out of the use, ownership or operation of each Property Location that accrue during the Term ("each, an “Imposition” and collectively, the “Impositions"): (a) real property taxes and assessments with respect to the Premises or any portion thereofassessments; (b) taxes on personal property, trade fixtures and improvements located on or relating to the Premises, whether belonging to Landlord or Tenant's personal property taxes; (c) occupancy and rent taxes specifically assessed against the Premises and/or Tenanttaxes; (d) water, water meter and sewer rents, rates and chargeslevies; (e) license and permit fees related gross receipts, excise or similar taxes (i.e., taxes customarily based upon gross income or receipts which fail to Tenant's use or occupancy of the Premises; (ftake into account deductions relating to any Property Location) service charges, with respect to police protection, fire protection, street and highway maintenance, construction and lighting, sanitation and water supply, if any; (g) taxes imposed or levied upon or upon, assessed against the Premises, or Landlord as the owner of the Premises, to the extent such taxes are measured by Base Rent or other Rent payable hereunder, but only to the extent that such taxes would be payable if the Premises such Property Location (together with any other Property Locations owned by Landlord and subject to this Lease) were the only property properties of Landlord; (hf) intentionally omittedall excise, franchise, privilege, license, sales, value added, use and similar taxes imposed upon the Rent or other monies owed hereunder, or upon the leasehold estate of either party (other than, transfers, sales or similar taxes imposed in connection with a direct or indirect transfer of Landlord’s leasehold estate); (jg) payments in lieu of each of the foregoing, whether or not expressly so designated; (kh) fines, penalties and other similar or like governmental charges applicable to any of the foregoing and any interest or costs with respect thereto solely attributable to the extent not caused by Landlord's negligent act or omissionacts of Tenant; and (li) any and all other federal, state, county and municipal governmental and quasi-governmental levies, fees, rents, assessments or taxes and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of every kind and nature whatsoever, and any interest or costs with respect thereto, which are due and payable or accrue at any time during, prior to or after (but attributable to a period falling within) during the Term are (1) assessed, levied, confirmed, imposed upon, or would grow or become due and payable out of or in respect of, or would be charged with respect to, Tenant's use and occupancy of the Premises or any document to which Tenant is a party creating or transferring an interest or estate in the Premises or this transaction, and/or (2) encumbrances or liens on Tenant's use and occupancy of (i) the Premises; (ii) any other appurtenances of the Premises; (iii) any personal property, equipment serving the Building or other facility used in the operation thereof; or (iV) the Base Rent or other Rent (or any portion thereof) payable by Tenant hereunderTerm. Each such Imposition, or installment thereof, during the Term shall be paid before the last day the same may be paid without fine, penalty, interest or additional cost; provided, however, that if, by law, any Imposition may at the option of the taxpayer be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition) (“Installments”), Tenant may exercise the option to pay the same in such Installments and shall be responsible for the payment of such Installments only, provided that all such Installment payments relating to periods prior to the expiration of the Term are required to be made prior to the Expiration Date or early termination of this Lease. Notwithstanding anything contained in the foregoing this Section 3.01 to the contrary, Landlord may, if from time to time required by Landlord's mortgagee, reasonably estimate in advance the amounts Tenant (i) ”Impositions” shall owe for include all real property taxes and assessments for any full which were assessed, levied or partial calendar year of imposed or which accrued prior to the Term if payable during the Term. In such event, and Tenant shall pay to Landlord's mortgagee 1/12th of such estimated amounts, on a monthly basis, on or before the first day of each calendar month. Tenant shall promptly pay such estimated amounts items as and when they become due and payable, and (ii) any real property taxes and assessments which accrue during the Term but become payable after the Term shall continue to Landlord's mortgagee at the time Tenant pays its monthly installments Base Rent be Tenant’s obligation or responsibility to Landlord. Such estimate may be reasonably adjusted from time to time by Landlord. If Landlord shall have Tenant pay such taxes on a monthly basis in accordance with this paragraph, the following shall apply:pay.

Appears in 1 contract

Samples: Stock Purchase Agreement (Spirit Finance Corp)

Tenant to Pay Impositions. Tenant shall pay or cause to be paid, directly to the applicable taxing authority (except as otherwise expressly set forth in Section 30.01 hereof) in a timely manner and as hereinafter provided, all of the following items, if any, to the extent that such items arise out of the use, ownership or operation of each Property Location that accrue during the Term ("each, an “Imposition” and collectively, the “Impositions"): (a) real property taxes and assessments with respect to the Premises or any portion thereofassessments; (b) taxes on personal property, trade fixtures and improvements located on or relating to the Premises, whether belonging to Landlord or Tenant's personal property taxes; (c) occupancy and rent taxes specifically assessed against the Premises and/or Tenanttaxes; (d) water, water meter and sewer rents, rates and chargeslevies; (e) license and permit fees related gross receipts, excise or similar taxes (i.e., taxes customarily based upon gross income or receipts which fail to Tenant's use or occupancy of the Premises; (ftake into account deductions relating to any Property Location) service charges, with respect to police protection, fire protection, street and highway maintenance, construction and lighting, sanitation and water supply, if any; (g) taxes imposed or levied upon or upon, assessed against the Premises, or Landlord as the owner of the Premises, to the extent such taxes are measured by Base Rent or other Rent payable hereunder, but only to the extent that such taxes would be payable if the Premises such Property Location (together with any other Property Locations owned by Landlord and subject to this Lease) were the only property properties of Landlord; (hf) intentionally omittedall excise, franchise, privilege, license, sales, value added, use and similar taxes imposed upon the Rent or other monies owed hereunder, or upon the leasehold estate of either party (other than, transfers, sales or similar taxes imposed in connection with a direct or indirect transfer of Landlord’s leasehold estate); (jg) payments in lieu of each of the foregoing, whether or not expressly so designated; (kh) fines, penalties and other similar or like governmental charges applicable to any of the foregoing and any interest or costs with respect thereto solely attributable to the extent not caused by Landlord's negligent act or omissionacts of Tenant; and (li) any and all other federal, state, county and municipal governmental and quasi-governmental levies, fees, rents, assessments or taxes and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of every kind and nature whatsoever, and any interest or costs with respect thereto, which are due and payable or accrue at any time during, prior to or after (but attributable to a period falling within) during the Term are (1) assessed, levied, confirmed, imposed upon, or would grow or become due and payable out of or in respect of, or would be charged with respect to, Tenant's use and occupancy of the Premises or any document to which Tenant is a party creating or transferring an interest or estate in the Premises or this transaction, and/or (2) encumbrances or liens on Tenant's use and occupancy of (i) the Premises; (ii) any other appurtenances of the Premises; (iii) any personal property, equipment serving the Building or other facility used in the operation thereof; or (iV) the Base Rent or other Rent (or any portion thereof) payable by Tenant hereunderTerm. Each such Imposition, or installment thereof, during the Term shall be paid before the last day the same may be paid without fine, penalty, interest or additional cost; provided, however, that if, in accordance with Laws, any Imposition may, at the option of the taxpayer, be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition) (“Installments”), Tenant may exercise the option to pay the same in such Installments and shall be responsible for the payment of such Installments only, provided that all such Installment payments relating to periods prior to the expiration of the Term are required to be made prior to the Expiration Date or early termination of this Lease. Notwithstanding anything contained in the foregoing this Section 3.01 to the contrary, Landlord may, if from time to time required by Landlord's mortgagee, reasonably estimate in advance the amounts Tenant (i) ”Impositions” shall owe for include all real property taxes and assessments for any full which were assessed, levied or partial calendar year of imposed or which accrued prior to the Term if payable during the Term. In such event, and Tenant shall pay to Landlord's mortgagee 1/12th of such estimated amounts, on a monthly basis, on or before the first day of each calendar month. Tenant shall promptly pay such estimated amounts items as and when they become due and payable, and (ii) any real property taxes and assessments which accrue during the Term but become payable after the Term shall continue to Landlord's mortgagee at the time Tenant pays its monthly installments Base Rent be Tenant’s obligation or responsibility to Landlord. Such estimate may be reasonably adjusted from time to time by Landlord. If Landlord shall have Tenant pay such taxes on a monthly basis in accordance with this paragraph, the following shall apply:pay.

Appears in 1 contract

Samples: Lease Agreement (Spirit Finance Corp)

Tenant to Pay Impositions. Tenant shall pay covenants and agrees to pay, before any fine, penalty, or cause to cost may be paidadded thereto for the non-payment thereof: all real estate taxes, assessments (whether general or special), water and sewer rates and charges, development, impact and concurrency fees, hook-up and tap-in a timely manner and as hereinafter provided, all of the following items, fees (if any), ("Impositions"): (a) real property taxes and assessments with respect all other charges relating to the Premises or any portion thereof; (b) Tenant's personal property taxes; (c) occupancy and rent taxes specifically assessed against the Premises and/or Tenant; (d) water, water meter and sewer rents, rates and charges; (e) license and permit fees related to Tenant's use or occupancy of the Premises; (f) service charges, with respect to police protection, fire protection, street and highway maintenance, construction and lighting, sanitation and water supply, if any; (g) taxes imposed or levied upon or assessed against the Premises, or Landlord as the owner of the Premises, to the extent such taxes are measured by Base Rent or other Rent payable hereunder, but only to the extent that such taxes would be payable if the Premises were the only property of Landlord; (h) intentionally omitted; (j) payments in lieu of each of the foregoing, whether or not expressly so designated; (k) fines, penalties and other similar or like governmental charges applicable to any of the foregoing and any interest or costs with respect thereto to the extent not caused by Landlord's negligent act or omission; and (l) any and all other federal, state, county and municipal governmental and quasi-governmental levies, fees, rents, assessments or taxes and charges, general and special, ordinary and extraordinary, foreseen and unforeseenunforeseen as well as foreseen, of every any kind and nature whatsoever, and any interest or costs with respect thereto, which at any time during, prior to or after (but attributable to a period falling within) the Term are (1) assessed, levied, confirmed, imposed uponimposed, charged, or would grow become a lien upon the Premises during the term of this Lease (the "Impositions"); provided, however, that if, by law, any such Impositions may at the option of the payer be paid in installments, Tenant may exercise the option to pay the same in installments and may pay only such installments as may become due (or relating to any period) during the term of this Lease as the same respectively become due and payable out of or in respect of, or would be charged with respect to, before they become delinquent; and provided that any Impositions which do not result from Tenant's use and occupancy of the Premises Premises, are not otherwise caused by Tenant and relate to a fiscal period of the taxing authority, a part of which period is included within the term of this Lease and a part of which is included in a period of time prior to or any document after the termination of this Lease, shall be allocated and prorated between Tenant and Landlord as of the commencement and expiration of the term of this Lease and shall be paid to Landlord by Tenant within five (5) days after request therefor. Tenant shall provide to Landlord official receipts or other evidence satisfactory to Landlord evidencing the payment of all Impositions for which Tenant is a party creating or transferring an interest or estate in the Premises or liable pursuant to this transaction, and/or (2) encumbrances or liens on Tenant's use and occupancy of (i) the Premises; (ii) any other appurtenances of the Premises; (iii) any personal property, equipment serving the Building or other facility used in the operation thereof; or (iV) the Base Rent or other Rent (or any portion thereof) payable by Tenant hereunder. Each such Imposition, or installment thereof, during the Term shall be paid before the last day the same may be paid without fine, penalty, interest or additional cost. Notwithstanding anything contained in the foregoing to the contrary, Landlord may, if from time to time required by Landlord's mortgagee, reasonably estimate in advance the amounts Tenant shall owe for real property taxes and assessments for any full or partial calendar year of the Term. In such event, Tenant shall pay to Landlord's mortgagee 1/12th of such estimated amounts, on a monthly basis, on or before the first day of each calendar month. Tenant shall pay such estimated amounts to Landlord's mortgagee at the time Tenant pays its monthly installments Base Rent to Landlord. Such estimate may be reasonably adjusted from time to time by Landlord. If Landlord shall have Tenant pay such taxes on a monthly basis in accordance with this paragraph, the following shall apply:Lease.

Appears in 1 contract

Samples: Lease Agreement (Revenge Marine Inc)

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Tenant to Pay Impositions. Tenant shall pay or cause to be paid, in a timely manner and as hereinafter provided, all of the following items, if any, ("Impositions"): (a) real property taxes and assessments with respect to the Premises or any portion thereof; (b) Tenant's personal property taxes; (c) occupancy and rent taxes specifically assessed against the Premises and/or Tenant; (d) water, water meter and sewer rents, rates and charges; (e) license and permit fees related to Tenant's use or occupancy of the Premises; (f) service charges, with respect to police protection, fire protection, street and highway maintenance, construction and lighting, sanitation and water supply, if any; (g) taxes imposed or levied upon or assessed against the Premises, or Landlord as the owner of the Premises, to the extent such taxes are measured by Base Rent or other Rent payable hereunder, but only to the extent that such taxes would be payable if the Premises were the only property of Landlord; (h) intentionally omitted; (j) payments in lieu of each of the foregoing, whether or not expressly so designated; (k) fines, penalties and other similar or like governmental charges applicable to any of the foregoing and any interest or costs with respect thereto to the extent not caused by Landlord's negligent act or omission; and (l) any and all other federal, state, county and municipal governmental and quasi-governmental levies, fees, rents, assessments or taxes and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of every kind and nature whatsoever, and any interest or costs with respect thereto, which at any time during, prior to or after (but attributable to a period falling within) the Term are (1) assessed, levied, confirmed, imposed upon, or would grow or become due and payable out of or in respect of, or would be charged with respect to, Tenant's use and occupancy of the Premises or any document to which Tenant is a party creating or transferring an interest or estate in the Premises or this transaction, and/or (2) encumbrances or liens on Tenant's use and occupancy of (i) the Premises; (ii) any other appurtenances of the Premises; (iii) any personal property, equipment serving the Building or other facility used in the operation thereof; or (iViv) the Base Rent or other Rent (or any portion thereof) payable by Tenant hereunder. Each such Imposition, or installment thereof, during the Term shall be paid before the last day the same may be paid without fine, penalty, interest or additional cost. Notwithstanding anything contained in the foregoing to the contrary, Landlord may, if from time to time required by Landlord's mortgagee, reasonably estimate in advance the amounts Tenant shall owe for real property taxes and assessments for any full or partial calendar year of the Term. In such event, Tenant shall pay to Landlord's mortgagee 1/12th of such estimated amounts, on a monthly basis, on or before the first day of each calendar month. Tenant shall pay such estimated amounts to Landlord's mortgagee at the time Tenant pays its monthly installments Base Rent to Landlord. Such estimate may be reasonably adjusted from time to time by Landlord. If Landlord shall have Tenant pay such taxes on a monthly basis in accordance with this paragraph, the following shall apply:

Appears in 1 contract

Samples: Lease (Autocam International LTD)

Tenant to Pay Impositions. Tenant shall pay or cause to be paid, directly to the applicable taxing authority (except as otherwise expressly set forth in Section 30.01 hereof) in a timely manner and as hereinafter provided, all of the following items, if any, to the extent that such items arise out of the use, ownership or operation of each Property Location that accrue during the Term ("each, an “Imposition” and collectively, the “Impositions"): (a) real property taxes and assessments with respect to the Premises or any portion thereofassessments; (b) taxes on personal property, trade fixtures and improvements located on or relating to the Premises, whether belonging to Landlord or Tenant's personal property taxes; (c) occupancy and rent taxes specifically assessed against the Premises and/or Tenanttaxes; (d) water, water meter and sewer rents, rates and chargeslevies; (e) license and permit fees related gross receipts, excise or similar taxes (i.e., taxes customarily based upon gross income or receipts which fail to Tenant's use or occupancy of the Premises; (ftake into account deductions relating to any Property Location) service charges, with respect to police protection, fire protection, street and highway maintenance, construction and lighting, sanitation and water supply, if any; (g) taxes imposed or levied upon or upon, assessed against the Premises, or Landlord as the owner of the Premises, to the extent such taxes are measured by Base Rent or other Rent payable hereunder, but only to the extent that such taxes would be payable if the Premises such Property Location (together with any other Property Locations owned by Landlord and subject to this Lease) were the only property properties of Landlord; (hf) intentionally omittedall excise, franchise, privilege, license, sales, value added, use and similar taxes imposed upon the Rent or other monies owed hereunder, or upon the leasehold estate of either party (other than, transfers, sales or similar taxes imposed in connection with a direct or indirect transfer of Landlord’s leasehold estate); (jg) payments in lieu of each of the foregoing, whether or not expressly so designated; (kh) fines, penalties and other similar or like governmental charges applicable to any of the foregoing and any interest or costs with respect thereto solely attributable to the extent not caused by Landlord's negligent act or omissionacts of Tenant; and (li) any and all other federal, state, county and municipal governmental and quasi-governmental levies, fees, rents, assessments or taxes and charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of every kind and nature whatsoever, and any interest or costs with respect thereto, which are due and payable or accrue at any time during, prior to or after (but attributable to a period falling within) during the Term are (1) assessed, levied, confirmed, imposed upon, or would grow or become due and payable out of or in respect of, or would be charged with respect to, Tenant's use and occupancy of the Premises or any document to which Tenant is a party creating or transferring an interest or estate in the Premises or this transaction, and/or (2) encumbrances or liens on Tenant's use and occupancy of (i) the Premises; (ii) any other appurtenances of the Premises; (iii) any personal property, equipment serving the Building or other facility used in the operation thereof; or (iV) the Base Rent or other Rent (or any portion thereof) payable by Tenant hereunderTerm. Each such Imposition, or installment thereof, during the Term shall be paid before the last day the same may be paid without fine, penalty, interest or additional cost; provided, however, that if, in accordance with Laws, any Imposition may, at the option of the taxpayer, be paid in installments (whether or not interest shall accrue on the unpaid balance of such Imposition) (“Installments”), Tenant may exercise the option to pay the same in such Installments and shall be responsible for the payment of such Installments only, provided that all such Installment payments relating to periods prior to the expiration of the Term are required to be made prior to the Expiration Date or early termination of this Lease. Notwithstanding anything contained in the foregoing this Section 3.01 to the contrary, Landlord may, if from time to time required by Landlord's mortgagee, reasonably estimate in advance the amounts Tenant (i) “Impositions” shall owe for include all real property taxes and assessments for any full which were assessed, levied or partial calendar year of imposed or which accrued prior to the Term if payable during the Term. In such event, and Tenant shall pay to Landlord's mortgagee 1/12th of such estimated amounts, on a monthly basis, on or before the first day of each calendar month. Tenant shall promptly pay such estimated amounts items as and when they become due and payable, and (ii) any real property taxes and assessments which accrue during the Term but become payable after the Term shall continue to Landlord's mortgagee at the time Tenant pays its monthly installments Base Rent be Tenant’s obligation or responsibility to Landlord. Such estimate may be reasonably adjusted from time to time by Landlord. If Landlord shall have Tenant pay such taxes on a monthly basis in accordance with this paragraph, the following shall apply:pay.

Appears in 1 contract

Samples: Master Lease (Spirit Finance Corp)

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