Common use of Tax Payment Clause in Contracts

Tax Payment. Tenant agrees to pay its Proportionate Share of all taxes, assessments and governmental charges of any kind and nature whatsoever levied or assessed against the Property, any other charges, taxes and/or impositions now in existence or hereafter imposed by any governmental authority based upon the privilege of renting the Premises or upon the amount of rent collected therefore, and any tax, fee, levy, assessment or charge which is imposed as the result of the transfer of the leasehold interest in the Premises created by this Lease (all of the foregoing being hereinafter referred to collectively as “Taxes”). Taxes shall also be deemed to include any special taxing district assessment, which is imposed in order to fund public facilities for the area in which the Property is located. During each month of the Term, Tenant shall make a monthly payment to Landlord equal to one-twelfth (1/12) of its Proportionate Share of the Taxes on the Property which Landlord reasonably estimates will be due and payable for the tax year as to which such payments are being made (the “Tax Payments”). Tenant acknowledges that, under current practice, Taxes in Baltimore County, Maryland are assessed (and required to be paid) in advance, so that it will be required to fund its Proportionate Share of Taxes for the first Lease Year in advance, and to make estimated monthly Tax Payments pursuant to this Section during the same Lease Year (such estimated payments being made in respect of the next tax year’s xxxx for Taxes). Tenant authorizes Landlord to use the funds deposited with Landlord under this Section to pay the Taxes levied or assessed against the Property. Each Tax Payment shall be due and payable at the same time and in the same manner as the time and manner of the payment of Base Rent as provided herein. The initial monthly Tax Payment is based upon Tenant’s Proportionate Share of the Taxes on the Property for the fiscal tax year in which the Commencement Date is to occur, as estimated by Landlord in good faith, and the monthly Tax Payment is subject to increase or decrease as determined by Landlord to reflect accurately Tenant’s Proportionate Share of the Taxes. If following Landlord’s receipt of all Tax bills for any fiscal tax year Landlord determines that Tenant’s total Tax Payments for such period are less than Tenant’s actual Proportionate Share of the Taxes on the Property, Tenant shall pay to Landlord the difference upon demand; if the total Tax Payments of Tenant exceed Tenant’s actual Proportionate Share of the Taxes on the Property, Landlord shall retain such excess and credit it to Tenant’s future Tax Payments, except that, upon expiration of the Lease Term, Landlord will refund such excess to Tenant within thirty (30) days after the exact amount of such refund can be calculated.

Appears in 4 contracts

Samples: Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp)

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Tax Payment. Tenant agrees to pay its Proportionate Share of all taxes, assessments and governmental or quasi-governmental charges of any kind and nature whatsoever levied or assessed against the PropertyShopping Center, any other charges, taxes and/or impositions now in existence or hereafter imposed by any governmental authority based upon the privilege of renting the Premises or upon and the amount of rent collected thereforefees, expenses and costs incurred by Landlord in contesting any such tax, fee, levy, assessment or charge which is imposed as the result of the transfer of the leasehold interest in the Premises created by this Lease (all of the foregoing being hereinafter referred to collectively as “Taxes”). Taxes shall also be deemed to include any special taxing district assessment, assessment which is imposed in order to fund public or private facilities or transportation management or services for the area in which the Property Shopping Center is located. Tenant hereby waives and disclaims for itself and all third parties claiming through it, any and all rights and interest to any incentives, or the value of any real estate tax abatement or inducements or the like made or offered (either in the past or in the future) to Landlord by any state or local government agency, development authority, or otherwise in connection with the Premises. During each month of the Term, Tenant shall make a monthly payment to Landlord equal to one-one twelfth (1/12) of its Proportionate Share of the Taxes on the Property Shopping Center which Landlord reasonably estimates will be due and payable for the tax that particular year as to which such payments are being made (the “Tax Payments”). Tenant acknowledges that, under current practice, Taxes in Baltimore County, Maryland are assessed (and required to be paid) in advance, so that it will be required to fund its Proportionate Share of Taxes for the first Lease Year in advance, and to make estimated monthly Tax Payments pursuant to this Section during the same Lease Year (such estimated payments being made in respect of the next tax year’s xxxx for Taxes). Tenant authorizes Landlord to use the funds deposited with Landlord under this Section 17.2 to pay the Taxes levied or assessed against the PropertyShopping Center. Each Tax Payment shall be due and payable at the same time and in the same manner as the time and manner of the payment of Base Rent as provided hereinMinimum Guaranteed Rental. The initial monthly Tax Payment is based upon Tenant’s Proportionate Share of the Taxes on the Property Shopping Center for the fiscal tax year in which the Commencement Date is to occur, as estimated by Landlord in good faith, and the monthly Tax Payment is subject to increase or decrease as determined by Landlord to reflect accurately Tenant’s Proportionate Share of the Taxes. If following Landlord’s receipt of all Tax tax bills for any fiscal tax year Landlord determines that Tenant’s total Tax Payments for such period are less than differs from Tenant’s actual Proportionate Share of the Taxes on the PropertyShopping Center, then, as appropriate, Tenant shall pay to Landlord the difference upon demand; if the total Tax Payments of Tenant exceed Tenant’s actual Proportionate Share of the Taxes on the Property, or Landlord shall retain such excess and credit it to Tenant’s future Tax Payments, except that, upon expiration as to the last Lease Year of the Lease Term, Landlord will shall refund such excess to Tenant within thirty (30) days after Tenant. Any payment with respect to the exact amount real estate tax year in which this Lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full tax year as that part of such refund can be calculatedtax year covered by the Term bears to a full tax year.

Appears in 1 contract

Samples: Shopping Center Lease (Fast Casual Concepts, Inc.)

Tax Payment. (a) Tenant agrees shall pay to pay its Proportionate Landlord, as additional rent, Tenant's Percentage Share of all taxes, assessments and governmental charges of any kind and nature whatsoever levied or assessed against the Property, any other charges, taxes and/or impositions now in existence or hereafter imposed by any governmental authority based upon the privilege of renting the Premises or upon the amount of rent collected therefore, and any tax, fee, levy, assessment or charge which is imposed as the result of the transfer of the leasehold interest in the Premises created by this Lease (all of the foregoing being hereinafter referred to collectively as “Taxes”). Taxes shall also be deemed to include any special taxing district assessment, which is imposed in order to fund public facilities for the area in which the Property is located. During each month of the Term, Tenant shall Landlord may make a monthly payment to Landlord equal to one-twelfth (1/12) of its Proportionate Share good faith estimate of the Taxes to be due by Tenant for any Tax Period or part thereof during the term hereof, and Tenant shall pay to Landlord, on the Property which Landlord reasonably estimates will be due Rent Commencement Date and payable for on the tax year as first (1st) day of each calendar month thereafter, an amount equal to which such payments are being made (the “Tax Payments”). Tenant acknowledges that, under current practice, Taxes in Baltimore County, Maryland are assessed (and required to be paid) in advance, so that it will be required to fund its Proportionate Tenant's Percentage Share of Taxes for such Tax Period or part thereof divided by the first Lease Year in advance, number of months therein. Landlord may estimate and to make estimated monthly Tax Payments pursuant to this Section during the same Lease Year (such estimated payments being made in respect re-estimate Tenant's Percentage Share of Taxes and deliver a copy of the next tax year’s xxxx for Taxes)estimate or re-estimate to Tenant. Tenant authorizes Landlord to use Thereafter, the funds deposited with Landlord under this Section to pay the monthly installments of Tenant's Percentage Share of Taxes levied or assessed against the Property. Each Tax Payment shall be due and payable at appropriately adjusted in accordance with the same time and in estimations so that, by the same manner as the time and manner end of the payment calendar year in question, Tenant shall have paid all of Base Rent Tenant's Percentage Share of Taxes as reasonably estimated by Landlord. Any amounts paid based on such an estimate shall be subject to adjustment as herein provided hereinwhen actual Taxes are available for each Tax Period. The initial As soon as practicable after actual Tax bills are available for each Tax Period, Landlord shall deliver to Tenant a copy of the same. If the total of such monthly Tax Payment remittances is based upon greater than Tenant’s Proportionate 's Percentage Share of the actual Taxes on due for such Tax Period, then, provided there is not an Event of Default nor an event which, with the Property for passage of time and/or the fiscal tax year in which giving of notice would constitute an Event of Default, Tenant may credit the Commencement Date difference against the next installment of Yearly Rent due hereunder, except that if such difference is to occur, as estimated by Landlord in good faith, and determined after the monthly Tax Payment is subject to increase or decrease as determined by Landlord to reflect accurately Tenant’s Proportionate Share end of the Taxes. If following Landlord’s receipt of all Tax bills for any fiscal tax year Landlord determines that Tenant’s total Tax Payments for such period are less than Tenant’s actual Proportionate Share of the Taxes on the Property, Tenant shall pay to Landlord the difference upon demand; if the total Tax Payments of Tenant exceed Tenant’s actual Proportionate Share of the Taxes on the Propertyterm hereof, Landlord shall retain such excess and credit it to Tenant’s future Tax Payments, except that, upon expiration of the Lease Term, Landlord will refund such excess difference to Tenant within thirty (30) days after such determination to the exact amount extent that such difference exceeds any amounts then due from Tenant to Landlord. If the total of such refund can remittances is less than Tenant's Percentage Share of the actual Taxes due for such Tax Period, Tenant shall pay the difference to Landlord within ten (10) days of Tenant's receipt of an invoice therefor. Landlord's estimate for the next Tax Period shall be calculatedbased upon the actual Taxes attributable to the Building for the prior Tax Period plus a reasonable adjustment based upon estimated increases in Taxes. In the event that Payments in Lieu of Taxes ("PILOT"), instead of or in addition to Taxes, are separately assessed to certain portions of the Building or the Condominium including the Premises, Tenant agrees, except as otherwise expressly provided herein to the contrary, to pay to Landlord, as additional rent, the portion of such PILOT attributable to the Premises in the same manner as provided above for the payment of Taxes. In the event that PILOT are separately assessed to certain portions of the Building or the Condominium including the Premises, Tenant's payments under this Section 10.2(a) shall not be greater than the amount that would have been paid if such PILOT was not assessed.

Appears in 1 contract

Samples: Indenture of Lease (Tolerrx Inc)

Tax Payment. Tenant agrees shall pay to pay its Landlord, as additional rent hereunder, ----------- an amount (the "Tax Payment") equal to Tenant's Proportionate Share of all taxes, assessments and governmental charges of Real Estate Taxes for any kind and nature whatsoever levied or assessed against the PropertyTax Year, any part of which shall occur during the term of this Lease. A copy of the final tax xxxx of the Town of Canton or other charges, taxes and/or impositions now in existence taxing authority imposing Real Estate Taxes on the Land or hereafter imposed by any governmental authority based upon the privilege Building shall be sufficient evidence of renting the Premises or upon the amount of rent collected thereforeReal Estate Taxes. Commencing on the Rent Commencement Date, and with respect to each Tax Year occurring in whole or in part during the term of this Lease, Tenant shall pay to Landlord the Tax Payment, in equal monthly installments during the calendar year in which such tax Year commences, in the manner herein described. At any taxtime during the calendar year (but not more frequently than quarterly) in which a Tax Year commences, fee, levy, assessment or charge which is imposed as the result Landlord may furnish to Tenant a written estimate (a "Tax Estimate") setting forth Landlord's reasonable estimate of the transfer Real Estate Tax Payment for such Tax Year ("Estimated Tax Payment"). Such estimate shall be determined by landlord by applying to the most recently announced assessed value of the leasehold interest Land and Building (whether final or otherwise) such tax rate as Landlord shall anticipate is the tax rate to be finally determined for such Tax Year. Subject to adjustment as hereinafter provided, Tenant shall pay Landlord on the first day of each month during each calendar year occurring in whole or in part during the Premises created by this Lease term hereof, an amount equal to one-twelfth (all 1/12th) of the foregoing being hereinafter referred to collectively as “Taxes”). Taxes shall also be deemed to include any special taxing district assessment, which is imposed in order to fund public facilities Estimated Tax Payment for the area Tax Year commencing during such calendar year. If Landlord furnishes a Tax Estimate for the Tax Year subsequent to the commencement of the calendar year in which such Tax Year begins, then (a) until the first day of the month following the month in which the Property Tax Estimate is located. During each month of the Termfurnished to Tenant, Tenant shall make a monthly payment continue to pay to Landlord on the first day of each month an amount equal to the monthly sum payable by Tenant to Landlord with respect to the previous Tax Year, (b) within fifteen (15) days after the Tax Estimate is furnished to Tenant, Landlord shall give notice to Tenant stating whether the amount previously paid by Tenant to Landlord during such calendar year was greater or less than the installments of the Estimated Tax Payment to be paid during such calendar year in accordance with the Tax Estimate, and (i) if there shall be a deficiency, Tenant shall pay the amount thereof within thirty (30) days after demand therefor, or (ii) if there shall have been an overpayment, Landlord shall credit the amount thereof against the next monthly installments of the Additional Rent payable under this Lease or at Tenant's option promptly refund the amount of such overpayment , and (c) on the first day of the month following the furnishing to Tenant of the Tax Estimate, and monthly thereafter until the rendering to Tenant of a Tax Statement (hereinafter defined) for such Tax Year, Tenant shall pay to Landlord an amount equal to one-twelfth (1/12) of its Proportionate Share the amount shown on such Tax Estimate. At any time during or after such Tax Year, (x) Landlord shall furnish to Tenant a written statement (a "Tax Statement") which shall include a copy of the Taxes tax xxxx from the Town setting forth the Tax Payment for such Tax Year, and stating whether the sum of the installments previously paid by Tenant to Landlord pursuant to the Tax Estimate or otherwise for such Tax Year in accordance with the Tax Statement was greater or less than the installments of the Estimated Tax Payments, and, (y) any deficiency or overpayment shall be disposed of in the manner of a deficiency or overpayment in Estimated Tax Payment, and (z) on the Property which Landlord reasonably estimates will be due and payable for the tax year as to which such payments are being made (the “Tax Payments”). Tenant acknowledges that, under current practice, Taxes in Baltimore County, Maryland are assessed (and required to be paid) in advance, so that it will be required to fund its Proportionate Share of Taxes for the first Lease Year in advance, and to make estimated monthly Tax Payments pursuant to this Section during the same Lease Year (such estimated payments being made in respect day of the next tax year’s xxxx for Taxes). Tenant authorizes Landlord to use month following the funds deposited with Landlord under this Section to pay the Taxes levied or assessed against the Property. Each Tax Payment shall be due and payable at the same time and in the same manner as the time and manner of the payment of Base Rent as provided herein. The initial monthly Tax Payment is based upon Tenant’s Proportionate Share of the Taxes on the Property for the fiscal tax year month in which the Commencement Date Tax Statement is furnished to occur, as estimated by Landlord in good faithTenant, and the monthly thereafter until a new Tax Payment Estimate or Tax Statement is subject furnished to increase or decrease as determined by Landlord to reflect accurately Tenant’s Proportionate Share of the Taxes. If following Landlord’s receipt of all Tax bills for any fiscal tax year Landlord determines that Tenant’s total Tax Payments for such period are less than Tenant’s actual Proportionate Share of the Taxes on the Property, Tenant shall pay to Landlord the difference upon demand; if the total Tax Payments of Tenant exceed Tenant’s actual Proportionate Share an amount equal to one-twelfth (1/12th) of the Taxes Tax Payment shown on the Property, Landlord shall retain such excess and credit it to Tenant’s future Tax Payments, except that, upon expiration of the Lease Term, Landlord will refund such excess to Tenant within thirty (30) days after the exact amount of such refund can be calculatedStatement.

Appears in 1 contract

Samples: Lease Agreement (Organogenesis Inc)

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Tax Payment. Tenant agrees to pay its Proportionate Share of all increases in taxes, assessments and governmental charges of any kind and nature whatsoever levied or assessed against the Property, any other charges, taxes and/or impositions now in existence or hereafter imposed by any governmental authority based upon the privilege of renting the Premises or upon the amount of rent collected thereforetherefor, and any tax, fee, levy, assessment or charge which is imposed as the result of the transfer of the leasehold interest in the Premises created by this Lease (all of the foregoing being hereinafter referred to collectively as "Taxes”)") above the Taxes in the Base Tax Year. Taxes shall also be deemed to include any special taxing district assessment, assessment which is imposed in order to fund public facilities for the area in which the Property is located. During each month of the TermTerm (except during the Base Tax Year), Tenant shall make a monthly payment to Landlord equal to one-twelfth (1/12) of its Proportionate Share of the increase in Taxes on the Property which Landlord reasonably estimates will be due and payable for the tax that particular year as to which such payments are being made (the "Tax Payments”). Tenant acknowledges that, under current practice, Taxes in Baltimore County, Maryland are assessed (and required to be paid) in advance, so that it will be required to fund its Proportionate Share of Taxes for the first Lease Year in advance, and to make estimated monthly Tax Payments pursuant to this Section during the same Lease Year (such estimated payments being made in respect of the next tax year’s xxxx for Taxes"). Tenant authorizes Landlord to use the funds deposited with Landlord under this Section 18.2 to pay the Taxes levied or assessed against the Property. Each Tax Payment shall be due and payable at the same time and in the same manner as the time and manner of the payment of Base Rent as provided herein. The initial monthly Tax Payment is based upon Tenant’s 's Proportionate Share of the increases of Taxes on the Property for in the fiscal tax year in which the Commencement Date is to occur, Base Tax Year as estimated by Landlord in good faith, and the monthly Tax Payment is subject to increase or decrease as determined by Landlord to reflect accurately Tenant’s 's Proportionate Share of the increases in Taxes. If following Landlord’s 's receipt of all Tax bills for any fiscal tax year Landlord determines that Tenant’s 's total Tax Payments for such period are less than Tenant’s 's actual Proportionate Share of the increases in Taxes on the Property, Tenant shall pay to Landlord the difference upon demand; if the total Tax Payments of Tenant exceed Tenant’s 's actual Proportionate Share of the increases in Taxes on the Property, Landlord shall retain such excess and credit it to Tenant’s 's future Tax Payments, except that, upon expiration of the Lease Term, Landlord will refund such excess to Tenant within thirty (30) days after the exact amount of such refund can be calculated.

Appears in 1 contract

Samples: Article Xiv Non (Creditrust Corp)

Tax Payment. Tenant agrees to pay its Proportionate Share of all taxes, assessments and governmental or quasi-governmental charges of any kind and nature whatsoever levied or assessed against the PropertyShopping Center, any other charges, taxes and/or impositions now in existence or hereafter imposed by any governmental authority based upon the privilege of renting the Premises or upon and the amount of rent collected thereforefees, expenses and costs incurred by Landlord in contesting any such tax, fee, levy, assessment or charge which is imposed as the result of the transfer of the leasehold interest in the Premises created by this Lease (all of the foregoing being hereinafter referred to collectively as “"Taxes"). Taxes shall also be deemed to include any special taxing district assessment, assessment which is imposed in order to fund public or private facilities or transportation management or services for the area in which the Property Shopping Center is located. Tenant hereby waives and disclaims for itself and all third parties claiming through it, any and all rights and interest to any incentives, or the value of any real estate tax abatement or inducements or the like made or offered (either in the past or in the future) to Landlord by any state or local government agency, development authority, or otherwise in connection with the Premises. During each month of the Term, Tenant shall make a monthly payment to Landlord equal to one-one twelfth (1/12) of its Proportionate Share of the Taxes on the Property Shopping Center which Landlord reasonably estimates will be due and payable for the tax that particular year as to which such payments are being made (the "Tax Payments”). Tenant acknowledges that, under current practice, Taxes in Baltimore County, Maryland are assessed (and required to be paid) in advance, so that it will be required to fund its Proportionate Share of Taxes for the first Lease Year in advance, and to make estimated monthly Tax Payments pursuant to this Section during the same Lease Year (such estimated payments being made in respect of the next tax year’s xxxx for Taxes"). Tenant authorizes Landlord to use the funds deposited with Landlord under this Section 17.2 to pay the Taxes levied or assessed against the PropertyShopping Center. Each Tax Payment shall be due and payable at the same time and in the same manner as the time and manner of the payment of Base Rent as provided hereinMinimum Guaranteed Rental. The initial monthly Tax Payment is based upon Tenant’s 's Proportionate Share of the Taxes on the Property Shopping Center for the fiscal tax year in which the Commencement Date is to occur, as estimated by Landlord in good faith, and the monthly Tax Payment is subject to increase or decrease as determined by Landlord to reflect accurately Tenant’s 's Proportionate Share of the Taxes. If following Landlord’s 's receipt of all Tax tax bills for any fiscal tax year Landlord determines that Tenant’s 's total Tax Payments for such period are less than differs from Tenant’s 's actual Proportionate Share of the Taxes on the PropertyShopping Center, then, as appropriate, Tenant shall pay to Landlord the difference upon demand; if the total Tax Payments of Tenant exceed Tenant’s actual Proportionate Share of the Taxes on the Property, or Landlord shall retain such excess and credit it to Tenant’s 's future Tax Payments, except that, upon expiration as to the last Lease Year of the Lease Term, Landlord will shall refund such excess to Tenant within thirty (30) days after Tenant. Any payment with respect to the exact amount real estate tax year in which this Lease commences or terminates shall bear the same ratio to the payment which would be required to be made for the full tax year as that part of such refund can be calculatedtax year covered by the Term bears to a full tax year.

Appears in 1 contract

Samples: Shopping Center Lease (Fast Casual Concepts, Inc.)

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