Common use of TENANT'S TAXES Clause in Contracts

TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.

TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall In addition to all other sums to be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable paid by Tenant under this Lease, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the Term, whether or not now customary or within the contemplation of the parties, (a) upon, measured by or reasonably attributable to Tenant's improvements, equipment, furniture, fixtures and other personal property located in the Premises, (b) upon or measured by Base Rent or Additional Rent, or both, payable under this Lease, including (but not limited to) without limitation any gross income taxsales, gross receipts tax or excise tax payable levied upon or measured by Base Rent or Additional Rent by any governmental body having jurisdiction with respect to the receipt of such rent rental; (c) upon or other charges or with respect to the possession, leasing or leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises or any portion thereof; or (d) upon this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable reimburse Landlord upon demand for any and all such taxes levied against the leasehold held by Tenant paid or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed payable by Landlord for Tenant in the Premises, Building (other than state and federal personal or Project; and if any such corporate income taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) measured by the inclusion therein net income of value placed on such leaseholdLandlord from all sources). Notwithstanding anything to the contrary in this Section 26, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord Tenant shall have the right to do regardless of the validity thereof), contest any taxes payable by Tenant under this Section provided that Tenant, upon demandat its sole cost and expense, diligently undertakes and pursues any such contest in appropriate proceedings, indemnifies Landlord against and holds Landlord harmless from all loss or damages that Landlord shall fully reimburse Landlord for the taxes so paid suffer by Landlord or for the proportion reason of such taxes resulting from such increase in contest, and does not permit any assessmentlien to be placed on the Building or any part thereof or interest therein.

TENANT'S TAXES. To the extent not covered as a Common Operating ExpenseCost, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlordtaxes. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment. Tenant shall have the right, upon providing Landlord with security adequate in Landlord's sole but reasonable opinion to prevent the same from becoming a lien on the Premises, Building or Project, to contest taxes for which Tenant is responsible pursuant to this Section VII.

TENANT'S TAXES. To the extent not covered as a Common Operating Expense, (a) Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord and shall pay the amount due andat least ten (10) days before delinquency and Tenant hereby agrees to indemnify and hold Landlord harmless from and against any liability in connection with, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvementsfixtures, additionsmachinery, alterations equipment, apparatus, systems and fixtures appurtenances placed by or for on behalf of Tenant in or about or utilized by Tenant in, on upon or about in connection with the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if Premises (“Equipment Taxes”). If any such taxes Equipment Taxes are levied against Landlord or Landlord's property, ’s property or if the assessed value of such Landlord’s property is increased (whether by special assessment or otherwise) by the inclusion therein of a value placed on upon such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, machinery, equipment, apparatus, systems or appurtenances of Tenant, and Landlord if Landlord, after written notice to Tenant, pays any the Equipment Taxes or taxes based upon such taxes an increased assessment (which Landlord shall have the right to do regardless of the validity thereofof such levy, but under proper protest if requested by Tenant prior to such payment and if payment under protest is permissible), Tenant, Tenant shall pay to Landlord upon demand, shall fully reimburse Landlord for as Additional Rent hereunder, the taxes so paid by levied against Landlord or for the proportion of such taxes resulting from such increase in the assessment; provided, however, that in any assessmentsuch event, Tenant shall have the right, on behalf of Landlord and with Landlord’s full cooperation, but at no cost to Landlord, to bring suit in any court of competent jurisdiction to recover the amount of any such tax so paid under protest, and any amount so recovered shall belong to Tenant (provided Tenant has previously paid such amount to Landlord). Notwithstanding the foregoing to the contrary, Tenant shall cooperate with Landlord to the extent reasonable necessary to cause the fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of which the Premises form a part, and Landlord shall use reasonable efforts to treat all other Tenants on the same basis.

TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall be liable for and shall pay directly any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (including, but not limited to) , any gross income transaction privilege tax, gross receipts tax or excise tax payable with respect to the payment or receipt of such rent or other charges or the possession, leasing or leasing, operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable (collectively “Rent and Other Taxes”). Any such Rent and Other Taxes that accrue during the Lease Term which are paid by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, be Tenant’s responsibility and shall be fully promptly reimbursed by Tenant for such paymentto Landlord as additional rental hereunder upon demand. In the event that said Rental and Other Taxes relate to more than the Premises, they shall be included as part of the Operating Expenses as defined in Section 7, Operating Expenses. Tenant shall also be solely liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project Premises or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes Rental and Other Taxes are levied against Landlord or Landlord's ’s property, or if the assessed value of such property the Property upon which the Premises are located is increased (whether by special assessment or otherwise) by the inclusion therein of the value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes Rental and Other Taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, immediately upon demanddemand or by Landlord’s presentment of any statement or invoice of taxes paid, shall pay and fully reimburse Landlord as additional rental for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessmentassessments. Landlord may (but shall not be obligated to) contest by appropriate legal proceedings the amount, validity, or application of any Taxes or Rent and Other Taxes or the respective liens thereof. Tenant may with Landlord’s consent contest such Taxes or Rent and Other Taxes.

TENANT'S TAXES. To the extent not covered as a Common Operating Expense, (a) Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord and shall pay the amount due andat least ten (10) days before delinquency and Tenant hereby agrees to indemnify and hold Landlord harmless from and against any liability in connection with, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvementsfixtures, additionsmachinery, alterations equipment, apparatus, systems and fixtures appurtenances placed by or for on behalf of Tenant in or about or utilized by Tenant in, on upon or about in connection with the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if Premises ("Equipment Taxes"). If any such taxes Equipment Taxes are levied against Landlord or Landlord's property, property or if the assessed value of such Landlord's property is increased (whether by special assessment or otherwise) by the inclusion therein of a value placed on upon such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, machinery, equipment, apparatus, systems or appurtenances of Tenant, and Landlord if Landlord, after written notice to Tenant, pays any the Equipment Taxes or taxes based upon such taxes an increased assessment (which Landlord shall have the right to do regardless of the validity thereofof such levy, but under proper protest if requested by Tenant prior to such payment and if payment under protest is permissible), Tenant, Tenant shall pay to Landlord upon demand, shall fully reimburse Landlord for as Additional Rent hereunder, the taxes so paid by levied against Landlord or for the proportion of such taxes resulting from such increase in the assessment; provided, however, that in any assessmentsuch event, Tenant shall have the right, on behalf of Landlord and with Landlord's full cooperation, but at no cost to Landlord, to bring suit in any court of competent jurisdiction to recover the amount of any such tax so paid under protest, and any amount so recovered shall belong to Tenant (provided Tenant has previously paid such amount to Landlord). Notwithstanding the foregoing to the contrary, Tenant shall cooperate with Landlord to the extent reasonable necessary to cause the fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of which the Premises form a part, and Landlord shall use reasonable efforts to treat all other Tenants on the same basis.

TENANT'S TAXES. To the extent not covered as a Common Operating Expense, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlordtaxes. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.

TENANT'S TAXES. To the extent not covered as a Common Operating ExpenseCost, Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on the rents or any other charges payable by Tenant under this Lease, including (but not limited to) any gross income tax, gross receipts tax or excise tax payable with respect to the receipt of such rent or other charges or the possession, leasing or operation, use or occupancy of the Premises, but not including any net income, franchise, capital stock, estate or inheritance taxes payable by Landlord. If any such tax is required to be paid to the governmental taxing entity directly by Landlord, then Landlord shall pay the amount due and, upon demand, shall be fully reimbursed by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased (whether by special assessment or otherwise) by the inclusion therein of value placed on such leasehold, personal property, leasehold improvements, additions, alterations and fixtures, and Landlord pays any such taxes (which Landlord shall have the right to do regardless of the validity thereof), Tenant, upon demand, shall fully reimburse Landlord for the taxes so paid by Landlord or for the proportion of such taxes resulting from such increase in any assessment.

TENANT'S TAXES. To The term “Tenant’s Taxes” means: (a) all taxes, assessments, license fees and other governmental charges or impositions levied or assessed against or with respect to Tenant’s personal property or trade fixtures in the extent not covered as a Common Operating ExpensePremises, whether any such imposition is levied directly against Tenant shall be liable for any tax (now or hereafter imposed by any governmental entity) applicable to or measured by or levied on against Landlord or the rents or any other charges payable by Tenant under this Lease, including Property; (but not limited tob) any gross income increase in Taxes attributable to Tenant’s personal property, trade fixtures or Alterations; (c) any rent tax, gross receipts tax, sales or use tax, service tax, value added tax, or any other tax based on Landlord’s receipt, or excise tax payable with respect to the receipt payment by Tenant, of such rent any Rent or other charges amount; and (d) taxes assessed upon this transaction or the possession, leasing any document to which Tenant is a party creating or operation, use transferring an interest or occupancy of an estate in the Premises. Tenant is responsible for 100% of all of Tenant’s Taxes, but not including any net incomewithout regard to increase over a base year. Tenant shall pay all of Tenant’s Taxes at least ten (10) days prior to delinquency (and, franchiseat Landlord’s request, capital stock, estate or inheritance taxes payable by Landlordshall furnish Landlord satisfactory evidence thereof). If any such tax is required to be paid to the governmental taxing entity directly by taxes are chargeable or assessed against Landlord, then Landlord shall pay the amount due and, upon demand, such taxes shall be fully reimbursed due and payable by Tenant for such payment. Tenant shall also be liable for all taxes levied against the leasehold held by (i) no later than ten (10) days after Landlord’s invoice to Tenant or against any personal property, leasehold improvements, additions, alterations and fixtures placed by or for Tenant in, on or about the Premises, Building and Project or constructed by Landlord for Tenant in the Premises, Building or Project; and if any (ii) upon such taxes are levied against Landlord or Landlord's property, or if the assessed value of such property is increased recurring schedule (whether by special assessment monthly or otherwise) as may be established by the inclusion therein of value placed on Landlord. All such leasehold, personal property, leasehold improvements, additions, alterations amounts are due and fixtures, and Landlord pays any such taxes (which Landlord payable by Tenant. If it shall have the right not be lawful for Tenant to do regardless of the validity thereof), Tenant, upon demand, shall fully so reimburse Landlord for such taxes, then the taxes so paid Base Rent payable to Landlord under this Lease shall be revised to net to Landlord the same amount after imposition of any such tax upon Landlord as would have been received by Landlord or for under this Lease prior to the proportion imposition of such taxes resulting from such increase in any assessmenttax.