CYN » Topics » ARTICLE 5 - ADDITIONAL TAXES

These excerpts taken from the CYN 10-K filed Mar 2, 2009.

ARTICLE 5 - ADDITIONAL TAXES

 

In addition to the Base Rent and all other forms of Additional Rent payable by Tenant hereunder, Tenant shall reimburse Landlord within ten (10) days of Landlord’s demand therefor, as Additional Rent, for any and all taxes, impositions or similar fees or charges (other than any of the same actually included by Landlord in Property Taxes with respect to the Expense Year in question) payable by or imposed or assessed upon Landlord upon or with respect to (or measured by or otherwise attributable to the cost or value of): (i) any fixtures, equipment or other personal property located in or about the Premises; (ii) any leasehold improvements made in or to the Premises by or for Tenant (without regard to ownership of such improvements if and to the extent the original cost, replacement cost or value thereof * foot or Rentable Area contained in the Premises; (iii) the Rent payable hereunder, including, without limitation, any gross receipts tax, license fee or excise tax levied by any governmental authority; (iv) the leasing or use of Tenant’s parking privileges in accordance with the terms of this Lease; (vii) any rights to signage and/or identity rights held from time to time by Tenant under this Lease; or (viii) Tenant’s installation, operation or maintenance of ATMs at the Project pursuant to the ATM Rights.  Landlord shall enforce the provisions of this Article 5 in a nondiscriminatory manner, and to the extent Landlord requires Tenant to pay directly (pursuant and this Article 5) a particular type or category of Property Tax, Landlord shall not include in Property Taxes or Operating Expenses any Property Taxes of the same type of category during the same Expense Year attributable to the same activities of any other tenant or attributable to any other premises in the Project which are then leased or available for lease.

 

ARTICLE 5 - ADDITIONAL TAXES

 

In addition to the Base Rent and all other forms of Additional Rent payable by Tenant hereunder, Tenant shall reimburse Landlord within ten (10) days of Landlord’s demand therefor, as Additional Rent, for any and all taxes, impositions or similar fees or charges (other than any of the same actually included by Landlord in Property Taxes with respect to the Expense Year in question) payable by or imposed or assessed upon Landlord upon or with respect to (or measured by or otherwise attributable to the cost or value of): (i) any fixtures, equipment or other personal property located in or about the Premises; (ii) any leasehold improvements made in or to the Premises by or for Tenant (without regard to ownership of such improvements if and to the extent the original cost, replacement cost or value thereof * foot or Rentable Area contained in the Premises; (iii) the Rent payable hereunder, including, without limitation, any gross receipts tax, license fee or excise tax levied by any governmental authority; (iv) the leasing or use of Tenant’s parking privileges in accordance with the terms of this Lease; (vii) any rights to signage and/or identity rights held from time to time by Tenant under this Lease; or (viii) Tenant’s installation, operation or maintenance of ATMs at the Project pursuant to the ATM Rights.  Landlord shall enforce the provisions of this Article 5 in a nondiscriminatory manner, and to the extent Landlord requires Tenant to pay directly (pursuant and this Article 5) a particular type or category of Property Tax, Landlord shall not include in Property Taxes or Operating Expenses any Property Taxes of the same type of category during the same Expense Year attributable to the same activities of any other tenant or attributable to any other premises in the Project which are then leased or available for lease.

 

EXCERPTS ON THIS PAGE:

10-K (2 sections)
Mar 2, 2009

RELATED TOPICS for CYN:

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