Real Property Taxes Defined. Real Property Taxes" means (i) any and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or any interest of Landlord or any mortgagee thereof in the same, by any authority or entity having the direct or indirect power to tax, including without limitation, any city, county, state or federal government, or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to ) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to or measured by the area of the Building, the Premises, the Business Center or any Rent payable hereunder, including without limitation, any gross income tax or excise tax on the receipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. Real Property Taxes shall not include any general franchise, income, estate or inheritance tax imposed on Landlord.
Appears in 1 contract
Real Property Taxes Defined. The term "Real Property Taxes" means as used in this Lease shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary foreseen and unforeseen (including all installments of principal and interest required to pay any general or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or special assessments for public improvements and any interest of Landlord or any mortgagee thereof in the same, increases resulting from reassessments caused by any change in ownership) now or hereafter imposed by any governmental or quasi-governmental authority LOT C or entity special district having the direct or indirect power to taxtax or levy assessments, including without limitationwhich are levied or assessed against, or with respect to the value, occupancy or use of, all or any cityportion of the Leased Premises (as now constructed or as may at any time hereafter be constructed, countyaltered, state or federal governmentotherwise changed) or Landlord's interest therein; any Improvements located within the Leased Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property Taxes described above, there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any fireother cause) an alternative or additional tax or charge (i) on the value, schooluse or occupancy of the Leased Premises or Landlord's interest therein, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to ) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to on or measured by the area gross receipts, gross income or gross rentals from the Leased Premises, on Landlord's business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Building, the Leased Premises, the Business Center then any such alternate or any Rent payable hereunder, including without limitation, any gross income additional tax or excise tax on charge, however designated, shall be included within the receipt meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Rent or upon Real Property Taxes that is fairly allocable to the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord Leased Premises shall be included within the meaning of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. term "Real Property Taxes." Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. term "Real Property Taxes Taxes" shall not include any general franchiseestate, incomeinheritance, estate transfer, gift or inheritance franchise taxes of Landlord or Landlord's federal, state or local income tax imposed on Landlordcapital stock tax or wealth tax.
Appears in 1 contract
Sources: Lease Agreement (Corporate Office Properties Trust Inc)
Real Property Taxes Defined. The term “Real Property Taxes" means (i) ” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary foreseen and unforeseen, now or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or any interest of Landlord or any mortgagee thereof in the same, hereafter imposed by any governmental or quasi-governmental authority or entity special district having the direct or indirect power to taxtax or levy assessments, including without limitationwhich are levied or assessed against, or with respect to the value, occupancy or use of all or any cityportion of the Premises (as now constructed or as may at any time hereafter be constructed, countyaltered, state or federal governmentotherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Premises, the gross receipts, income, or rentals from the Premises, or the use of parking areas, public utilities, or energy within the Premises, or Landlord’s business of leasing the Premises. If at any time during the Lease Term the method of taxation or assessment prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any fireother cause) an alternate or additional tax or charge (i) on the value, schooluse or occupancy of the Premises, redevelopmentor Landlord’s interest therein, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) on or measured by the gross receipts, income, or rentals from the Premises, then any Tax in substitutionsuch tax or charge, partially or totallyhowever designated, of any Tax now or previously shall be included within the definition meaning of the term “Real Property Taxes” for purposes of and as otherwise permitted by this Lease. If any Real Property Tax is based upon property or rents unrelated to the Premises, or if any such tax may be paid in installments, then only that part of such Real Property Tax that is fairly allocable to the Premises, Tenants’ share of the Real Property Tax allocable to the East Parking Area, and Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but which do not limited to ) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to or measured by exceed the area amount of the Buildingrequired installment, shall be included within the Premises, the Business Center or any Rent payable hereunder, including without limitation, any gross income tax or excise tax on the receipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord meaning of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premisesterm “Real Property Taxes”. Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. term “Real Property Taxes Taxes” shall not include any general franchiseestate, incomeinheritance, estate transfer, gift or inheritance franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources and, with respect to Real Property Taxes arising from the East Parking Area, shall be limited to Tenant’s Share of such Real Property Taxes.
Appears in 1 contract
Sources: Lease (Echelon Corp)
Real Property Taxes Defined. The term “Real Property Taxes" means (i) ” shall mean all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary foreseen and unforeseen, now or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or any interest of Landlord or any mortgagee thereof in the same, hereafter imposed by any governmental or quasi- governmental authority or entity special district having the direct or indirect power to taxtax or levy assessments, including without limitationwhich are levied or assessed against, or with respect to the value, occupancy or use of all or any cityportion of the Premises (as now constructed or as may at any time hereafter be constructed, countyaltered, state or federal governmentotherwise changed) or Landlord’s interest therein, the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Premises, the gross receipts, income, or rentals from the Premises, or the use of parking areas, public utilities, or energy within the Premises, or Landlord’s business of leasing the Premises. If at any time during the Lease Term the method of taxation or assessment prevailing as of the Effective Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any fireother cause) an alternate or additional tax or charge (i) on the value, schooluse or occupancy of the Premises, redevelopmentor Landlord’s interest therein, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) on or measured by the gross receipts, income, or rentals from the Premises, then any Tax in substitutionsuch tax or charge, partially or totallyhowever designated, of any Tax now or previously shall be included within the definition meaning of the term “Real Property Taxes” for purposes of and as otherwise permitted by this Lease. If any Real Property Tax is based upon property or rents unrelated to the Premises, or if any such tax may be paid in installments, then only that part of such Real Property Tax that is fairly allocable to the Premises, Tenants’ share of the Real Property Tax allocable to the East Parking Area, and Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but which do not limited to ) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to or measured by exceed the area amount of the Buildingrequired installment, shall be included within the Premises, the Business Center or any Rent payable hereunder, including without limitation, any gross income tax or excise tax on the receipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord meaning of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premisesterm “Real Property Taxes”. Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. term “Real Property Taxes Taxes” shall not include any general franchiseestate, incomeinheritance, estate transfer, gift or inheritance franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources and, with respect to Real Property Taxes arising from the East Parking Area, shall be limited to Tenant’s Share of such Real Property Taxes.
Appears in 1 contract
Sources: Lease (Echelon Corp)
Real Property Taxes Defined. The term "Real Property Taxes" means as used in this Lease shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary foreseen and unforeseen (including all installments of principal and interest required to pay any general or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or special assessments for public improvements and any interest of Landlord or any mortgagee thereof in the same, increases resulting from reassessments caused by any change in ownership) now or hereafter imposed by any governmental or quasi-governmental authority or entity special district having the direct or indirect power to taxtax or levy assessments, including without limitationwhich are levied or assessed against, or with respect to the value, occupancy or use of, all or any cityportion of the Leased Premises (as now constructed or as may at any time hereafter be constructed, countyaltered, state or federal governmentotherwise changed) or Landlord's interest therein; any Improvements located within the Leased Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; LOT B and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property Taxes described above, there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any fireother cause) an alternative or additional tax or charge (i) on the value, schooluse or occupancy of the Leased Premises or Landlord's interest therein, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to ) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to on or measured by the area gross receipts, gross income or gross rentals from the Leased Premises, on Landlord's business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Building, the Leased Premises, the Business Center then any such alternate or any Rent payable hereunder, including without limitation, any gross income additional tax or excise tax on charge, however designated, shall be included within the receipt meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Rent or upon Real Property Taxes that is fairly allocable to the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord Leased Premises shall be included within the meaning of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. term "Real Property Taxes." Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. term "Real Property Taxes Taxes" shall not include any general franchiseestate, incomeinheritance, estate transfer, gift or inheritance franchise taxes of Landlord or Landlord's federal, state or local income tax imposed on Landlordcapital stock tax or wealth tax.
Appears in 1 contract
Sources: Lease Agreement (Corporate Office Properties Trust Inc)
Real Property Taxes Defined. The term “Real Property Taxes" means ” as used herein shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary foreseen and unforeseen (including all installments of principal and interest required to pay any general or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or special assessments for public improvements and any interest of Landlord or any mortgagee thereof in the same, increases resulting from reassessments caused by any change in ownership) now or hereafter -imposed by any governmental or quasi-governmental authority or entity special district having the direct or indirect power to taxtax or levy assessments, including without limitationwhich are levied or assessed against, or with respect to the value, occupancy or use of, all or any cityportion of the Leased Premises (as now constructed or as may at any time hereafter be constructed, countyaltered, state or federal governmentotherwise changed) or Landlord’s interest therein; any improvements located within the Leased Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property Tax described above there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage other cause) an alternate or other authority, political subdivision additional tax or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to ) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (1) on the value, use or for a lesser chargeoccupancy of the Leased Premises or Landlord’s interest therein or (2) to property owners and/or occupants, (iii) any Taxes allocable to on or measured by the area gross receipts, income or rentals from the Leased Premises, on Landlord’s business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Building, the Leased Premises, the Business Center then any such alternate or any Rent payable hereunder, including without limitation, any gross income additional tax or excise tax on charge, however designated, shall be included within the receipt meaning of the term “Real Property Taxes” for purposes of this Lease. If any Real Property Tax is based upon property or rents unrelated to the Leased Premises, then only that part of such Rent or upon Real Property Tax that is fairly allocable to the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord Leased Premises shall be included within the meaning of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. term “Real Property Taxes.” Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. term “Real Property Taxes Taxes” shall not include any general franchiseestate, incomeinheritance, estate transfer, gift or inheritance franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources.
Appears in 1 contract
Sources: Industrial Real Property Lease (Thermadyne Australia Pty Ltd.)
Real Property Taxes Defined. “Real Property Taxes" ” means (i) any and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "“Taxes"”), general, special, ordinary or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center Premises or Project or any interest of Landlord or any mortgagee thereof in the same, by any authority or entity having the direct or indirect power to tax, including without limitation, any city, county, state or federal government, or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax Taxes now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to to) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to the Premises or measured by the area of the Building, the Premises, the Business Center Project or any Rent or Operating Expenses payable hereunder, including without limitation, any gross income receipts tax or excise tax General Excise Tax on the receipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord of the PremisesPremises or Project or Operating Expenses, and (iv) any Taxes on the transfer or a transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or hereunder, by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business CenterProject or in Tenant or Landlord. Real Property Taxes shall not include any general franchise, income, estate or inheritance tax imposed on Landlord. Tenant shall have the right, at Tenant’s sole cost and expense, to contest the assessed amount of Real Property Taxes, provided: (1) Tenant delivers to Landlord written notice of Tenant’s desire to contest the assessment amount and Landlord does not notify Tenant within ten (10) business days thereafter that Landlord will undertake contest; (2) any such contest shall be undertaken either through tax counsel licensed with the California State Bar or through a real property tax consultant approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed; (3) any such contest shall be coordinated with any contest then being undertaken or planned by Landlord; (4) Tenant shall cooperate and coordinate with any other tenants of the Project whose premises are part of the tax parcel that is the subject of any such contest; and (5) Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless against and from any and all Claims (as hereinafter defined) arising from or related to any contest of Real Property Taxes initiated by or on behalf of Tenant.
Appears in 1 contract
Sources: Industrial Lease (MusclePharm Corp)
Real Property Taxes Defined. The term "Real Property Taxes" means as used in this Lease shall mean (i) all taxes, assessments, levies, and other charges of any kind or nature whatsoever, general and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary foreseen and unforeseen (including all installments of principal and interest required to pay any general or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or special assessments for public improvements and any interest of Landlord or any mortgagee thereof in the same, increases resulting from reassessments caused by any change in ownership) now or hereafter imposed by any governmental or quasi-governmental authority or entity special district having the direct or indirect power to taxtax or levy assessments, including without limitationwhich are levied or assessed against, or with respect to the value, occupancy or use of, all or any cityportion of the Leased Premises (as now constructed or as may at any time hereafter be constructed, countyaltered, state or federal governmentotherwise changed) or Landlord's interest therein; any Improvements located within the Leased Premises (regardless of ownership); the fixtures, equipment and other property of Landlord, real or personal, that are an integral part of and located on the Leased Premises; or parking areas, public utilities, or energy within the Leased Premises; and (ii) all charges, levies or fees imposed by reason of environmental regulation or other governmental control of the Leased Premises. If at any time during the Lease Term the taxation or assessment of the Leased Premises prevailing as of the Commencement Date shall be altered so that in lieu of or in addition to any Real Property Taxes described above, there shall be levied, assessed or imposed (whether by reason of a change in the method of taxation or assessment, creation of a new tax or charge, or any fireother cause) an alternative or additional tax or charge (i) on the value, schooluse or occupancy of the Leased Premises or Landlord's interest therein, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to ) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to on or measured by the area gross receipts, gross income or gross rentals from the Leased Premises, on Landlord's business of leasing the Leased Premises, or computed in any manner with respect to the operation of the Building, the Leased Premises, the Business Center then any such alternate or any Rent payable hereunder, including without limitation, any gross income additional tax or excise tax on charge, however designated, shall be included within the receipt meaning of the term "Real Property Taxes" for purposes of this Lease. If any Real Property Taxes are based upon property or rents unrelated to the Leased Premises, then only that part of such Rent or upon Real Property Taxes that is fairly allocable to the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord Leased Premises shall be included within the meaning of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. term "Real Property Taxes." Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. term "Real Property Taxes Taxes" shall not include any general franchiseestate, incomeinheritance, estate transfer, gift or inheritance franchise taxes of Landlord or Landlord's federal, state or local income tax imposed on Landlordcapital stock tax or wealth tax.
Appears in 1 contract
Sources: Lease Agreement (Corporate Office Properties Trust Inc)
Real Property Taxes Defined. “Real Property Taxes" ” means (i) any and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "“Taxes"”), general, special, ordinary or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center Premises or any interest of Landlord or any mortgagee thereof in the same, by any authority or entity having the direct or indirect power to tax, including without limitation, any city, county, state or federal government, or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax Taxes now or previously included within the definition of Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to to) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to or measured by the area of the Building, the Premises, the Business Center Premises or any Rent or Operating Expenses payable hereunder, including without limitation, any gross income receipts tax or excise tax General Excise Tax on the receipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord of the PremisesPremises or Operating Expenses, and (iv) any Taxes on the transfer or a transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or hereunder, by any document to which Tenant ▇▇▇▇▇▇ is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Centerin Tenant or Landlord. Real Property Taxes shall not include any general franchise, income, estate or inheritance tax imposed on Landlord.
Appears in 1 contract
Sources: Industrial Lease
Real Property Taxes Defined. Real Property Taxes" means (i) any and all forms of tax, assessment, license fee, excise, bond, levy, charge or imposition (collectively referred to herein as "Taxes", general, special, ordinary or extraordinary, imposed, levied or assessed against the Building, the Premises, the Business Center or any interest of Landlord or any mortgagee thereof in the same, by any authority or entity having the direct or indirect power to tax, including without limitation, any city, county, state or federal government, or any fire, school, redevelopment, agricultural, sanitary, street, lighting, security, drainage or other authority, political subdivision or improvement district thereof, (ii) any Tax in substitution, partially or totally, of any Tax now or previously included within the definition of or Real Property Taxes, including without limitation, those imposed, levied or assessed to increase tax increments to governmental agencies, or for services such as (but not limited to to) fire protection, police protection, street, sidewalk and road maintenance, refuse removal or other governmental services previously provided without charge (or for a lesser charge) to property owners and/or occupants, (iii) any Taxes allocable to or measured by the area of the Building, the Premises, the Business Center or any Rent payable hereunder, including without limitation, any gross income tax or excise tax on the receipt of such Rent or upon the possession, leasing, operation, maintenance, repair, use or occupancy by Tenant or Landlord of the Premises, and (iv) any Taxes on the transfer or transaction directly or indirectly represented by this Lease, by any subleases or assignments hereunder or by other leases in the Business Center or by any document to which Tenant is a party, creating or transferring (or reflecting the creation or transfer) of an interest or estate in the Premises. Notwithstanding the foregoing, during the Initial Term of this Lease, Tenant shall not be obligated to pay increases in Real Estate Taxes due to the sale of the Building, the Premises or the Business Center. Real Property Taxes shall not include any general franchise, income, estate or inheritance tax imposed on Landlord.
Appears in 1 contract