Common use of Tax Expenses Clause in Contracts

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. “Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 3 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc), Lease Agreement (Endwave Corp)

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Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any Tenant's Share, which is specified in the Basic Lease Information, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf are situated in excess of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlordof the Tax Expenses for die Base Year for such expenses, as Additional Rentset forth in the Basic Lease Information ("Increased Tax Expenses"), within ten (10) days after demand therefor, and one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Increased Tax Expenses shall be reviewed from the to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment alterations or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. 'Me term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 2 contracts

Samples: Lease Agreement (Competitive Companies Inc), Lease Agreement (Third Enterprise Service Group Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s 's Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s 's Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten twenty (1020) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s 's failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 2 contracts

Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)

Tax Expenses. During the Term Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses Expenses” (defined below) applicable to the ProjectPremises and the underlying real property upon which the Buildings are located, and the Common Area, the Parking Structure and the Amenities Building and the underlying real property upon which the same are located. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten thirty (1030) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10)Alterations, Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term “Tax Expenses” meansshall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term “Tax Expenses” shall not include (ai) any franchise, transfer, estate, inheritance, net income, gift or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due; or (ii) penalties and interest, and other than those attributable to Tenant’s failure to timely comply with its obligations pursuant to this Lease; or (ciii) any items included as Operating Expensessupplemental real estate taxes related to any period of time before the Commencement Date or after the Expiration Date. With respect to any assessments or taxes for which Landlord has the right, within Landlord’s sole control, to elect to make a lump sum payment or cause such assessment or tax to be amortized and paid over a period of time, Landlord shall only include in the definition of Tax Expenses the amortized portion (calculated at the longest period of time permitted by such taxing authority) of such taxes and assessments (including any applicable interest charges) for purposes of this Lease. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be permitted, at Tenant’s cost, to prosecute any appeal or challenge of the amount of Tax Expense with the applicable taxing authority with respect to the Premises (but not the Amenities Building and the Parking Structure or the underlying real property beneath the Parking Structure and the Amenities Building or the Common Area Parcel). In the event that a parcel or subdivision map Tenant prosecutes any such action, Tenant shall pay the contested Tax Expenses prior to initiating such appeal and otherwise comply with respect all legal requirements of the applicable taxing authority, and shall indemnify Landlord from and against any and all attorneys’ fees, appraisal fees and other fees, charges, costs and/or expenses incurred in connection with any proceedings related to the Park or a portion amount of the Park is recorded Tax Expense and/or the assessed value of the Premises. Landlord may participate in any such action prosecuted by Tenant. The authority granted to Tenant pursuant to this Section shall be non-exclusive, such that Landlord may, in Landlord’s discretion, Tenant’s Share of contest Tax Expenses shall be commensurately revised as related to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.the

Appears in 1 contract

Samples: Lease Agreement (Linkedin Corp)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses real property taxes applicable to the ProjectProperty in excess of real property taxes due for the Base Year, in accordance with Section 5.3 below. Prior to delinquencyThe term “Tax Expenses” shall mean and include, Tenant shall pay without limitation, any form of tax and all taxes and assessments levied upon Tenant’s Property assessment (defined below general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof) as against any legal or equitable interest of Landlord in Section 10) located or installed in or about the Premises byor any other portion of the Property or any other tax, fee, or on behalf excise, however described. The term “Tax Expenses” shall only exclude any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or a penalty fee imposed as a result of Tenant. To the extent any such taxes or assessments are not separately assessed or billed Landlord’s failure to Tenant, then Tenant shall pay the amount thereof as invoiced by LandlordTax Expenses when due. Tenant shall also reimburse and will pay Landlord, as Additional Rent, irrespective of the Base Year, within ten (10) days after demand therefortherefore, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 1011), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the ProjectProperty. “Tax Expenses” meansPrior to delinquency, without limitation, Tenant shall pay any form of tax and assessment all taxes and assessments levied upon Tenant’s Property (general, special, supplemental, ordinary defined below in Section 11.2) located or extraordinary), commercial rental tax, payments under any improvement bond installed in or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having about the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Project or Park or any other tax, feePremises by, or exciseon behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, however describedthen Tenant shall pay, includingas Additional Rent, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely amount thereof as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded invoiced by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease (Metagenomi Technologies, LLC)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the ProjectPremises. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, Tenant and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the ProjectPremises. The term “Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license licenses fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Project or Park Premises or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of Tax Expenses. Notwithstanding the foregoing, the term “Tax Expenses” shall not include and Tenant shall have no obligation to pay or reimburse Landlord for (a) any franchise, estate, gift, inheritance, net income, document transfer, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel , (d) any tax, assessment, or subdivision map with respect to the Park increase therein levied on Landlord’s rental income, unless such tax or a portion assessment is imposed in lieu of real property taxes, or (e) any tax, assessment, or increase therein in excess of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall amount which would be commensurately revised to reflect any increases payable if such tax or decreases that may result from assessment expense were paid in installments over the impact of such parcel or subdivision maplongest permitted term.

Appears in 1 contract

Samples: Lease Agreement (Infinera Corp)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term “Tax Expenses” meansshall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due. Provided Tenant is not in default of any of the terms, provisions or obligations under this Lease and Tenant has delivered to Landlord at least sixty (c60) days prior written notice of Tenant’s intention to initiate such a proceeding, Tenant shall have the right to contest the amount or validity of the Tax Expenses payable by Tenant hereunder and any items included as Operating Expenses. In the event that a parcel or subdivision map other taxes payable by Tenant with respect to the Park Premises by appropriate administrative and legal proceedings brought either in its own name, Landlord’s name or a portion of the Park is recorded jointly with Landlord. Any such proceeding shall be undertaken by counsel selected by Tenant and reasonably approved by Landlord, and if Tenant deems it appropriate, such measures shall be taken in the name of Tenant. Landlord hereby agrees that it will promptly upon receipt of a written request therefor from Tenant (but in no event later than forty-five (45) business days after Landlord’s Share receipt of such written request) furnish Tenant copies of all notices of assessment of Tax Expenses Expenses. Landlord shall execute and deliver to Tenant whatever documents may be commensurately revised reasonably necessary or proper to reflect permit Tenant to so contest such taxes or which may be necessary to secure payment of any increases or decreases that refund which may result from any such proceedings; provided, however, if Tenant makes such contest Tenant shall be solely responsible for any and all penalties and liabilities arising therefrom lines missing shall, only to the impact extent of the Tax Expenses payable by Tenant hereunder and any other taxes payable by Tenant with respect to the Premises actually paid by Tenant to Landlord for the fiscal tax year or years being contested, belong solely to Tenant to the extent such parcel or subdivision maprefund is attributable to the Premises and for a period concurrent with the term of the Lease (otherwise an appropriate apportionment shall be made), and any excess amount of any such refund shall belong solely to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is defined on Page 1, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable exclusively attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent, or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Shoe Pavilion Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is defined on Page 1, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord as reasonably determined by Landlord. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent or other income therefrom, or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, estate inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Basic Lease (Ameriquest Technologies Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten thirty (1030) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term “Tax Expenses” meansshall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Alphasmart Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s 's Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s 's Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefortherefore, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10)Alterations, Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s 's failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with With respect to any assessments or taxes for which Landlord has the Park right, within Landlord's sole control, to elect to make a lump sum payment or cause such assessment or tax to be amortized and paid over a portion period of time, Landlord shall only include in the Park is recorded by Landlord, Tenant’s Share definition of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact amortized portion (calculated at the longest period of time permitted by such taxing authority) of such parcel or subdivision maptaxes and assessments (including any applicable interest charges) for purposes of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten thirty (1030) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term “Tax Expenses” meansshall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term “Tax Expenses” shall not include and Tenant shall not be required to pay any tax or assessment expense or any increase therein (ai) levied on Landlord’s rental income, unless such tax or assessment expense is imposed in lieu of real-property taxes; (ii) imposed on land and improvements other than the Project; (iii) resulting from the improvement of any of the Building or the Project for the sole use of other occupants; (iv) franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, or (bv) any a penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due. Landlord acknowledges that it is currently contesting and appealing the county’s appraised value of the Lot on which the Building is located and the related real property tax and agrees that it will use commercially reasonable efforts to diligently continue such contest/appeal to get the issue resolved to its satisfaction, in Landlord’s sole, absolute and (c) subjective discretion. If the Tax Expenses on the Lot are lowered at any items included as Operating time after Tenant has paid its Share of Tax Expenses. In , Landlord shall credit Tenant in the event amount of that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall actually paid by Tenant and which would not have been required to have been paid had such Tenant’s Share of Tax Expenses been calculated based on the appraised value of the Lot after the resolution of the contest/appeal, such credit to be commensurately revised to reflect any increases or decreases that may result applied against the installment(s) of Tenant’s Share of Tax Expenses next due from Tenant until such time as the impact of such parcel or subdivision mapentire overpayment has been credited.

Appears in 1 contract

Samples: Lease Agreement (Ruckus Wireless Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten thirty (1030) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. “Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, transfer, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Gsi Group Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole but reasonable discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, gift or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Nuance Communications)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses real property taxes applicable to the ProjectPremises. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the ProjectPremises. The term “Tax Expenses” meansshall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project or Park Premises or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. “Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Premises or Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included or excluded as Operating Expenses. In the event that a parcel or subdivision map with respect Notwithstanding anything to the Park or contrary contained in this Lease, Landlord agrees to use commercially reasonable efforts to obtain a portion property tax reduction pursuant to Proposition 8 (as adopted by the voters of the Park is recorded by Landlord, Tenant’s Share State of Tax Expenses California) attributable to the valuation of the Project for the 2010 calendar year. Landlord shall be commensurately revised have no obligation to reflect obtain any increases or decreases that may result from the impact of such parcel or subdivision maptax reduction for any subsequent calendar year.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant’s personal property. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the Premises, or Tenant’s use and occupancy thereof. The amount of Tenant’s Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord’s sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term “Tax Expenses” meansshall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord’s right to rent, or as against Landlord’s business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. Notwithstanding the foregoing, the term “Tax Expenses” shall not include and Tenant shall not be required to pay any portion of any tax or assessment expense or increase therein (a) attributable to any franchise, estate, inheritance, net income, gift, transfer, or excess profits tax imposed upon Landlord, ; (b) any penalty or fee imposed solely as a result of levied on Landlord’s failure to pay Tax Expenses when duerental income, unless such tax or assessment is imposed in lieu of real property taxes; and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion in excess of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall amount which would be commensurately revised to reflect any increases payable if such tax or decreases that may result from assessment expense were paid in installments over the impact of such parcel or subdivision maplongest permitted term.

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any Tenant's Share of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Lot or Park the Park, as against Landlord's right to rent or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, gift, inheritance, net income, capital stock, or excess profits tax imposed upon Landlord or any other tax which is applied or measured by Landlord, 's general or net income (b) as opposed to rents or income attributable to operations at the Park). Tax Expenses shall not include any interest or late payment expense or penalty or fee imposed solely as a result of resulting from Landlord’s 's failure to pay the Tax Expenses when due, and (c) any items included as Operating Expenses. In in a timely manner unless such failure is the event that a parcel or subdivision map with respect direct result of Tenant's failure to pay its proportionate share thereof within the Park or a portion of the Park is recorded times prescribed by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision mapthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Exodus Communications Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term “Tax Expenses” meansshall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Conor Medsystems Inc)

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Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is defined on Page 1, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord as reasonably determined by Landlord. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's reasonable discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent or other income therefrom, or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.LANDLORD'S INITIALS: /s/ TT --- TENANT'S INITIALS: /s/ EB ---

Appears in 1 contract

Samples: Lease Agreement (Natrol Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s 's Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s 's Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expensesreal property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term “Tax Expenses” shall include, without limitation, taxes based on vehicles utilizing parking areas on the Land; taxes computed or based on rental income or on the square footage of the Premises or the Building (including without limitation any municipal business tax but excluding federal, state and municipal net income taxes); environmental surcharges; excise taxes; gross receipts taxes; sales and/or use taxes; employee taxes; water and sewer taxes, levies, assessments and other charges in the nature of taxes or assessments (including, but not limited to, assessments for public improvements or benefit); and all other governmental, quasi-governmental or special district impositions of any kind and nature whatsoever; regardless of whether any of the foregoing are now customary or within the contemplation of the parties hereto and regardless of whether resulting from increased rate and/or valuation, or whether extraordinary or ordinary, general or special, unforeseen or foreseen, or similar or dissimilar to any of the foregoing and which during the Lease Term are laid, levied, assessed or imposed upon Landlord and/or become a lien upon or chargeable against any portion of the Project under or by virtue of any present or future laws, statutes, ordinances, regulations, or other requirements of any governmental, quasi-governmental or special district authority whatsoever. The term “environmental surcharges” shall include any and all expenses, taxes, charges or penalties imposed by the Federal Department of Energy, Federal Environmental Protection Agency, the Federal Clean Air Act, or any regulations promulgated thereunder, or imposed by any other local, state or federal governmental agency or entity now or hereafter vested with the power to impose taxes, assessments or other types of surcharges as a means of controlling or abating environmental pollution or the use of energy or any natural resource in regard to the use, operation or occupancy of the Project. The term "Tax Expenses" shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (SolarJuice Co., Ltd.)

Tax Expenses. Tenant In addition to the Base Rent set forth in Xxxxxxxxx 0, Xxxxxx shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all real property taxes applicable to the Park (iincluding the Lot and the Building) and one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Lessee's personal property. Lessee shall also pay any increase in real property taxes attributable attributable, in Lessor's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the ProjectLessee. The term "Tax Expenses” means" includes, without limitationbut is not limited to, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord Lessor in the Premises, Project Lot or Park Park, as against Lessor's right to rent or other income therefrom, or as against Lessor's business of leasing the Premises or the occupancy of Lessee or any other tax, fee, or excise, however describeddescribed (excluding inheritance or estate taxes), includingincluding any value added tax, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (substitution, partially or totally) , of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property tax. Notwithstanding anything to the contrary contained in the Lease, Tax Expenses. “Tax Expenses” Expenses shall not include (ai) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlordtaxes, franchise taxes, gift taxes, capital stock taxes, inheritance an succession taxes, estate taxes, federal and state income taxes, and other taxes to the extent applicable to Lessor's general or net income (as opposed to rents or receipts), (bii) any penalty items for which Lessee or fee imposed solely other tenants are directly liable pursuant to their leases, (iii) penalties incurred as a result of Landlord’s Lessor's negligence, inability or unwillingness to make payment of, and/or to file any tax or informational returns with respect to, any real property taxes or assessments, when due, unless such inability or unwillingness is due, in whole or in part, to Lessee's failure to pay amounts due hereunder when the same are due; or (iv) any other taxes or assessments charged or levied against Lessor which are not related to the use, ownership or operation of the Park With respect to any assessments or taxes for which Lessor has the right to elect to make a lump sum payment or cause such assessment or tax to be amortized and paid over a reasonable period of time at a reasonably acceptable interest rate, Lessor shall only include in the definition of Tax Expenses when due, the amortized portion of such taxes and assessments (cincluding any applicable interest charges) for purposes of this Lease. The parties acknowledge and agree that as of the Lease Date Lessor is currently employing a firm that specializes in reviewing and possibly contesting taxes and assessments levied against the Park and other properties (the "Tax Consultant"). If at any items included as Operating Expenses. In time during the event that a parcel term of this Lease Lessor permanently ceases to employ the Tax Consultant or subdivision map another firm to provide services similar to those being provided by the Tax Consultant with respect to the Park or if the tax consultant chooses not to contest the Tax Expenses in a given year, Lessee shall thereafter have the following right to contest the Tax Expenses payable by Lessee hereunder and any other taxes payable by Lessee with respect to the Premises. Provided Lessee is not in default of any of the terms, provisions or obligations under this Lease beyond all notice and applicable cure periods, and Lessee has delivered to Lessor at least sixty (60) days prior written notice of Lessee's intention to initiate such a proceeding, Lessee shall have the right to contest the amount or validity of the Tax Expenses payable by Lessee hereunder and any other taxes payable by Lessee with respect to the Premises by appropriate administrative and legal proceedings brought either in its own name, Lessor's name or jointly with Lessor. Any such proceeding shall be undertaken by counsel selected by Lessee and reasonably approved by Lessor, and if Lessee deems it appropriate, such measures shall be taken in the name of Lessee. Lessor hereby agrees that it will promptly upon receipt of a written request therefor from Lessee (but in no event later than forty-five (45) business days after Lessor's receipt of such written request) furnish Lessee copies of all notices of assessment of Tax Expenses. Lessor shall execute and deliver to Lessee whatever documents may be reasonably necessary or proper to permit Lessee to so contest such taxes or which may be necessary to secure payment of any refund which may result from any such proceedings; provided, however, if Lessee makes such contest Lessee shall be solely responsible for any and all penalties and liabilities arising therefrom as well as for providing such security as Lessor may reasonably request in connection with any such contest. Any such proceeding shall be undertaken at the sole cost and expense of Lessee. Any tax refund shall, only to the extent of the Tax Expenses payable by Lessee hereunder and any other taxes payable by Lessee with respect to the Premises actually paid by Lessee to Lessor for the fiscal tax year or years being contested, belong solely to Lessee to the extent such refund is attributable to the Premises and for a period concurrent with the term of the Lease (otherwise an appropriate apportionment shall be made), and any excess amount of any such refund shall belong solely to Lessor. In exercising such right to contest the above-described taxes and assessments in no event or circumstances shall Lessee permit all or any portion of the Premises, the Lot or the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall to be commensurately revised sold or otherwise transferred to reflect the taxing authorities or any increases or decreases that may result from the impact of governmental agency in connection with any such parcel or subdivision mapcontest.

Appears in 1 contract

Samples: Lease Agreement (Burke Industries Inc /Ca/)

Tax Expenses. Tenant shall pay to Landlord Tenant’s 's Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s 's Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten thirty (1030) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. "Tax Expenses" means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Premises or the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax ExpensesExpenses and any cost and/or fee (including without limit attorneys’ and appraisers’ fees and court costs) incurred by Landlord in calculating, contesting or negotiating any such taxes or assessments. "Tax Expenses" shall not include (a) any franchise, estate, inheritance, gift, net income, transfer or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s 's failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Spansion Inc.)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment alterations or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, country, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, fee or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Infiniti Solutions LTD)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed for similar buildings located within the Building or the Park (as applicable), whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent, or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any a4ditional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Pri Automation Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten thirty (1030) days after written demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. “Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Premises or Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net income, gift or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion , and (d) any Tax Expenses in excess of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall amount which would be commensurately revised to reflect any increases payable if such tax or decreases that may result from assessment expense were paid in installments over the impact of such parcel or subdivision maplongest possible term.

Appears in 1 contract

Samples: Lease Agreement (Proofpoint Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable Base Year” shall be calendar year 2011. In addition to the Project. Prior to delinquencyExcess Operating Expenses, and as a separate obligation, Tenant shall pay any and all taxes and assessments levied upon Tenant’s Property Pro Rata Share of the amount, if any, by which Tax Expenses (defined below in Section 10below) located or installed in or about for each calendar year during the Premises by, or on behalf of Tenant. To Term (after the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10Tax Base Year) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises exceed Tax Expenses for the benefit of, at Tax Base Year (the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Excess Tax Expenses” means, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmental, school, agricultural, lighting or other improvement district) as against any legal or equitable interest of Landlord in the Premises, Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include mean real estate taxes, assessments, excises, association dues, fees, levies, charges and other taxes of every kind and nature whatsoever, general and special, extraordinary and ordinary, foreseen and unforeseen, including interest on installment payments, which may be levied or assessed against or arise in connection with ownership, use, occupancy, rental, leasing, operation or possession of the Property, or paid as rent under any ground lease. Tax Expenses shall include, without limitation: (ai) any franchise, estate, inheritance, net incometax on the rent or other revenue from the Property, or excess profits any portion thereof, or as against the business of owning or leasing the Property, or any portion thereof, including any business, gross margins, or similar tax imposed upon Landlordpayable by Landlord which is attributable to rent or other revenue derived from the Property, (bii) any penalty assessment, tax, fee, levy, or fee imposed solely as charge allocable to or measured by the area of the Premises or the Rent payable hereunder, (iii) personal property taxes for property that is owned by Landlord and used in connection with the operation, maintenance and repair of the Property, (iv) any assessment, tax, fee, levy or charge, upon this transaction or any document to which Tenant is a result of Landlord’s failure to pay Tax Expenses when dueparty, creating or transferring an interest or an estate in the Premises, and (cv) any items included as Operating Expensesassessment, tax, fee, levy or charge substituted, in whole or in part, for a tax previously in existence, or assessed in lieu of a tax increase. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall not include Landlord’s estate, excise, income or franchise taxes (except to the extent provided above). Tenant shall, with each monthly payment of Base Rent, pay Landlord’s estimate of Tenant’s Pro Rata Share of Excess Tax Expenses in the same manner as provided for Operating Expenses in Sections 4.B, C, and F. Additionally, the provisions of Sections 4.B, C, and F applicable to Operating Expenses and Excess Operating Expenses shall be commensurately revised equally applicable to reflect any increases or decreases that may result from the impact of such parcel or subdivision mapTax Expenses and Excess Tax Expenses respectively.

Appears in 1 contract

Samples: Office Lease (Hallmark Financial Services Inc)

Tax Expenses. Tenant shall In addition to the Base Rent set forth in Paraxxxxx 0, Xxxxxx xxxll pay to Landlord Tenant’s Share its share, which is defined on Page 1, of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf are situated in excess of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse of the Tax Expenses for the calendar year in which this Lease commenced ("Increases in Tax Expenses") and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) all personal property taxes now or hereafter assessed or levied against the Premises or Lessee's personal property. The amount of Lessee's share of Increases in Tax Expenses shall be reviewed from time to time by Lessor and shall be subject to modification by Lessor, as reasonably determined by Lessor, including, but not limited to modifications due to the sale or addition of a building or additional space within the Lot or the Park. Lessee shall also pay any increase in real property taxes attributable attributable, in Lessor's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment improvements or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the ProjectLessee. The term "Tax Expenses” means" includes, without limitationbut is not limited to, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license feelicense, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord Lessor in the Premises, Project Lot or Park Park, as against Lessor's right to rent or other income therefrom, or as against Lessor's business of leasing the Premises or the occupancy of Lessee or any other tax, fee, or excise, however describeddescribed (excluding inheritance or estate taxes), includingincluding any value added tax, but not limited to, any tax resulting from the recordation of any parcel or subdivision map with respect to the Park and/or any tax imposed in substitution (substitution, partially or totally) , of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net incomereal property taxes, or excess profits any additional tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result the nature of Landlord’s failure to pay Tax Expenses when due, and (c) any items which was previously included as Operating Expenses. In within the event that a parcel or subdivision map with respect to the Park or a portion definition of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision mapreal property tax.

Appears in 1 contract

Samples: Lease Agreement (Bikers Dream Inc)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in Section 3, Tenant shall pay any its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Lot on which the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse situated and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. The amount of Tenant's Share of Tax Expenses shall be reviewed from time to time by Landlord and shall be subject to modification by Landlord if there is a change in the rentable square footage of the Premises, the Building and/or the Park. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's reasonable discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind kind, which are above standard improvements customarily installed within the Building, whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project the Building, the Lot or Park the Park, as against Landlord's right to rent, or as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (Ditech Corp)

Tax Expenses. Tenant shall pay to Landlord Tenant’s Share of all Tax Expenses applicable In addition to the Project. Prior to delinquencyBase Rent set forth in SECTION 3, Tenant shall pay any its share, which is specified in the Basic Lease Information, of all real property taxes applicable to the land and all taxes and assessments levied upon Tenant’s Property (defined below in Section 10) located or installed in or about improvements included within the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of all personal property taxes now or hereafter assessed or levied against the Premises or Tenant's personal property. Tenant shall also pay one hundred percent (i100%) of any increase in real property taxes attributable attributable, in Landlord's sole discretion, to any and all Alterations (defined below in Section 10)alterations, Tenant Improvements, fixtures, equipment Improvements or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax tax, levy, or levy penalty imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Project as against Landlord's right to rent or Park as against Landlord's business of leasing the Premises or the occupancy of Tenant or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of Tax Expenses. “Tax Expenses” shall not include (a) any franchise, estate, inheritance, net incomereal property taxes, or excess profits any additional tax imposed upon Landlord, (b) any penalty or fee imposed solely as a result of Landlord’s failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.the

Appears in 1 contract

Samples: Lease Agreement (New Ico Global Communications Holdings LTD)

Tax Expenses. Tenant shall pay to Landlord Tenant’s 's Share of all Tax Expenses real property taxes applicable to the Project. Prior to delinquency, Tenant shall pay any and all taxes and assessments levied upon Tenant’s 's Property (defined below in Section 10) located or installed in or about the Premises by, or on behalf of Tenant. To the extent any such taxes or assessments are not separately assessed or billed to Tenant, then Tenant shall pay the amount thereof as invoiced by Landlord. Tenant shall also reimburse and pay Landlord, as Additional Rent, within ten (10) days after demand therefor, one hundred percent (100%) of (i) any increase in real property taxes attributable to any and all Alterations (defined below in Section 10), Tenant Improvements, fixtures, equipment or other improvements of any kind whatsoever placed in, on or about the Premises for the benefit of, at the request of, or by Tenant, and (ii) taxes and assessments levied or assessed upon or with respect to the possession, operation, use or occupancy by Tenant of the Premises or any other portion of the Project. Any such assessment shall be paid over the maximum permitted period. The term "Tax Expenses” means" shall mean and include, without limitation, any form of tax and assessment (general, special, supplemental, ordinary or extraordinary), commercial rental tax, payments under any improvement bond or bonds, license fees, license tax, business license fee, rental tax, transaction tax or levy imposed by any authority having the direct or indirect power of tax (including any governmentalcity, county, state or federal government, or any school, agricultural, lighting lighting, drainage or other improvement districtdistrict thereof) as against any legal or equitable interest of Landlord in the Premises, Premises or any other portion of the Project or Park or any other tax, fee, or excise, however described, including, but not limited to, any tax resulting from the recordation of any parcel value added tax, or subdivision map with respect to the Park and/or any tax imposed in substitution (partially or totally) of any tax previously included within the definition of real property taxes, or any additional tax the nature of which was previously included within the definition of real property taxes. The term "Tax Expenses. “Tax Expenses” " shall not include (a) any franchise, estate, inheritance, net income, or excess profits tax imposed upon Landlord, (b) any or a penalty or fee imposed solely as a result of Landlord’s 's failure to pay Tax Expenses when due, and (c) any items included as Operating Expenses. In the event that a parcel or subdivision map with respect to the Park or a portion of the Park is recorded by Landlord, Tenant’s Share of Tax Expenses shall be commensurately revised to reflect any increases or decreases that may result from the impact of such parcel or subdivision map.

Appears in 1 contract

Samples: Lease Agreement (New Focus Inc)

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