Common use of Percentage Share Clause in Contracts

Percentage Share. Tenant shall also pay to Landlord an amount equal to Tenant’s Percentage Share of any increase in Assessments above the amount of Assessments levied or assessed against the Facility for the Base Tax Year. As used in this Section 6, the term “Assessments” shall mean all assessments, transit charges, housing charges, and levies assessed, charged, levied, confirmed, or imposed by any local government, any political subdivision, public corporation, district, or other local political or public entity or public authority thereof on or with respect to any of the items described in clauses (a) through (e) of Subsection 6.2.1 or with respect to the use, occupancy, management, maintenance, alteration, repair, or operation of the Facility (or any portion thereof) or any services or utilities furnished or consumed in connection with the use, occupancy, management, alteration, repair or operation of the Facility (or any portion thereof). Neither “Taxes” nor “Assessments” shall include any costs, taxes, fees, assessments, or impositions levied, charged, assessed, or imposed by public authorities in connection with any development or redevelopment of the Facility or expansion of the Building (other than those Assessments that are generally applicable to similarly situated property owners absent any such development or redevelopment or expansion), except to the extent such Assessments either arise from actions undertaken by Landlord in its reasonable efforts to comply with the requirements of this Lease or are legally mandated, as opposed to discretionary actions. Except to the extent otherwise expressly provided below, the amount of Assessments attributable to the Base Tax Year shall be reduced by the amount of any Assessment refund arising out of an appeal of an assessment levied or assessed against the Facility for the Base Tax Year.

Appears in 2 contracts

Sources: Office Lease Agreement (Riverbed Technology, Inc.), Office Lease Agreement (Riverbed Technology, Inc.)