Common use of Payment of Taxes and Assessments Clause in Contracts

Payment of Taxes and Assessments. Tenant shall pay or cause to be paid without any abatement, deduction, diminution or offset (except as permitted by Paragraph 5.3), (i) all real and personal property taxes, general and special assessments, excises, impositions, levies and other charges of every description now or hereafter levied on, assessed against or otherwise imposed with respect to, the Land, improvements located on the Land, personal property located on or in the Land or Improvements, the leasehold estate created hereby, or any subleasehold estate or any right of occupancy under any concession, license, or other agreement, and (ii) the portion of any taxes or other impositions in the nature of a tax on Landlord’s right to do business attributable to Landlord’s rights, powers, duties, or obligations under this Lease, to the full extent of installments accruing during the term of this Lease, whether belonging to, or chargeable against, Landlord or Tenant, or anyone claiming by, through, or under Tenant (hereinafter, collectively ‘Taxes’). In addition, Tenant shall also pay any Taxes, however described, which may hereafter be levied, assessed, or imposed in lieu of, as a substitute (in whole or in part) for, or as an addition to, any other Taxes payable by Tenant hereunder. Tenant shall make all such payments direct to the charging authority at least ten (10) days before delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment. If, however, the law expressly permits the payment of the Taxes in installments (whether or not interest accrues on the unpaid balance) Tenant may, at Tenant’s election, utilize the permitted installment method, but shall pay each installment with interest, if any, before delinquency. Notwithstanding the above, no affirmative obligation shall be created for the Tenant to pay any tax, assessment, or other charge which is not or cannot under any circumstances result in a lien against the Land, Improvements, or leasehold estate or Tenant’s or Landlord’s interest therein, excepting any Tax described in clause (ii), above.

Payment of Taxes and Assessments. Tenant shall pay or cause pay, prior to be paid without any abatement, deduction, diminution or offset delinquency: (except as permitted by Paragraph 5.3), (ia) all real and property taxes, personal property taxes, GPLET and other taxes, assessments, levies, fees, fines and penalties and all other governmental charges, general and special assessmentsspecial, excisesordinary and extraordinary, impositionsforeseen and unforeseen, levies and other charges of every description which now or hereafter under existing or future Applicable Laws are imposed or levied onupon, measured or assessed during the Lease Term against (i) the Premises, (ii) any Annual Rent, Municipal Service Fees, or any Additional Rent or other sum payable by Tenant hereunder or (iii) this Lease, the leasehold estate hereby created or which arises in respect of the operation, possession or use of the Premises; and (b) all sales, transaction privilege, gross receipts or similar taxes imposed or levied upon, assessed against or otherwise imposed with respect tomeasured by any Annual Rent, the Land, improvements located on the Land, personal property located on or in the Land or Improvements, the leasehold estate created hereby, or any subleasehold estate or any right of occupancy under any concession, licenseMunicipal Service Fees, or other agreementamounts payable to Landlord hereunder, but not income taxes (collectively, the “Taxes”). If Tenant fails to pay any Taxes before they become delinquent, Landlord, after notice to Tenant, may pay such delinquent Taxes, and (ii) the portion of any taxes or other impositions in the nature of a tax on Landlord’s right to do business attributable to Landlord’s rights, powers, duties, or obligations under this Lease, to the full extent of installments accruing during the term of this Lease, whether belonging to, or chargeable against, Landlord or Tenant, or anyone claiming by, through, or under Tenant (hereinafter, collectively ‘Taxes’). In addition, Tenant all expenditures and costs incurred thereby shall also pay any Taxes, however described, which may hereafter be levied, assessed, or imposed in lieu of, payable as a substitute (in whole or in part) for, or as an addition to, any other Taxes payable by Tenant hereunder. Tenant shall make all such payments direct to the charging authority at least Additional Rent hereunder within ten (10) days before delinquency and before any fineafter such notice to Tenant. Tenant will furnish to Landlord, interestpromptly after demand therefor, or penalty shall become due or be imposed by operation proof of law for their nonpayment. If, however, the law expressly permits the payment of the all Taxes payable by Tenant. Tenant may pay such Taxes in installments (whether or not interest accrues on the unpaid balance) Tenant may, at Tenant’s election, utilize the if legally permitted installment method, but shall pay each installment with interest, if any, before delinquency. Notwithstanding the above, no affirmative obligation shall be created for the Tenant to pay any tax, assessment, or other charge which is not or cannot under any circumstances result in a lien against the Land, Improvements, or leasehold estate or Tenant’s or Landlord’s interest therein, excepting any Tax described in clause (ii), abovedo so.

Payment of Taxes and Assessments. Tenant shall pay or cause to be paid without any abatement, deduction, diminution or offset (except as permitted by Paragraph 5.3), (i) Pay when due all real and personal property taxes, general and special assessments, excises, impositions, levies assessments and other governmental charges of every description or levies which become due and payable by the Borrower to any political entity, subdivision or department thereof under any law now or hereafter levied on, assessed against in force or otherwise imposed with respect to, the Land, improvements located on the Land, personal property located on or in the Land or Improvements, the leasehold estate created hereby, or any subleasehold estate or any right of occupancy under any concession, license, or other agreement, and (ii) the portion of any taxes or other impositions in the nature of a tax on Landlord’s right to do business attributable to Landlord’s rights, powers, duties, or obligations under this Lease, to the full extent of installments accruing during the term of this Lease, whether belonging to, or chargeable against, Landlord or Tenant, or anyone claiming by, through, or under Tenant (hereinafter, collectively ‘Taxes’)effect. In addition, Tenant shall also pay any Taxes, however described, which may hereafter be levied, assessed, or imposed in lieu of, as a substitute (in whole or in part) for, or as an addition to, any other Taxes payable by Tenant hereunder. Tenant shall make all such payments direct to the charging authority at least ten (10) days before delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment. If, The Borrower however, the law expressly permits the payment of the Taxes in installments (whether or shall not interest accrues on the unpaid balance) Tenant may, at Tenant’s election, utilize the permitted installment method, but shall pay each installment with interest, if any, before delinquency. Notwithstanding the above, no affirmative obligation shall be created for the Tenant required to pay any tax, charge or assessment so long as the Borrower shall contest, in good faith and at its cost and expense, in its own name and behalf, the amount or validity thereof, in an appropriate manner or by appropriate proceedings which shall operate during the pendency thereof to prevent the collection of or other realization upon the tax, assessment, levy or other charge so contested, provided that no such contest shall subject the Lender to the risk of any liability and that the Borrower shall take appropriate reserves or provide appropriate bond or collateral in respect thereof. Each such contest shall be promptly prosecuted to final conclusion (subject to the right of the Borrower to settle any such contest) and the Borrower will promptly after the final determination of such contest or settlement thereof (including any appeals), pay and discharge the amounts which is not shall be levied, assessed or cannot under any circumstances result in a lien against the Land, Improvements, imposed or leasehold estate or Tenant’s or Landlord’s interest determined to be payable therein, excepting together with all penalties, fines, interests, costs and expenses thereon or incurred in connection therewith. The Borrower shall give the Lender prompt written notice of any Tax described in clause (ii), abovesuch contest.