Real Estate Taxes. During the Term of this Lease Agreement and any renewals or extensions thereof, [[Organization B:Organization]] shall pay its pro rata share of the Real Estate Taxes. The term “Real Estate Taxes” herein shall mean the total of all taxes, fees, charges and assessments, general and special, ordinary and extraordinary, foreseen and unforeseen, which become due or payable against or upon the Building or the parcel(s) of land upon which it is located. All reasonable attorneys’ fees and other reasonable costs and expenses incurred by [[Organization A:Organization]] during negotiations for or contests of the amount of Real Estate Taxes shall be included within the term “Real Estate Taxes”. The term “Real Estate Taxes” shall not include # federal, state or local income taxes, or any other tax measured by [[Organization A:Organization]]’s income or the rents paid at the Building; # franchise, gift, transfer, excise, transfer, capital stock, estate, succession or inheritance taxes; and # penalties or interest on late payment of Real Estate Taxes. In the event the taxing authorities include in the Real Estate Taxes the value of any machinery, equipment, inventory or other personal property or assets of [[Organization B:Organization]], then [[Organization B:Organization]] shall pay, as Additional Rent, all of the taxes attributable to such items in addition to its pro rata share of said aforementioned Real Estate Taxes.
Real Estate Taxes. DuringAs additional rent during the Termterm of this Lease, its proportionate share of "Taxes" (as hereinafter defined). For purposes hereof, the term "Taxes" shall include all real estate taxes, assessments for public improvements, water and sewer charges (except for such water and sewer charges which are measured by the consumption of the actual user of the item or service for which such charge is made) and all other governmental levies, surcharges and charges of every kind and nature whatsoever, general and special, extraordinary as well as ordinary, foreseen and unforeseen, and each and every installment thereof, which shall during the term of this Lease Agreementbe levied, assessed or imposed upon the land, buildings or other improvements composing the property or any portion thereof, including interest on such installment payments and any renewalsall reasonable costs, expenses and attorneys', accountants', consultants', and appraisers' fees incurred by [[Organization A:Organization]] in contesting such taxes or extensions thereof,in negotiating with the taxing authorities with respect to the same. During each month of the term of this Lease, [[Organization B:Organization]] shall pay itsto [[Organization A:Organization]] a monthly payment (the "Tax Payment") equal to one-third (1/6th) (17%) of [[Organization B:Organization]]'s proportionate share of the Taxes which will be due and payable for that particular year. [[Organization B:Organization]] authorizes [[Organization A:Organization]] to use the funds deposited by [[Organization B:Organization]] with [[Organization A:Organization]] under this [Article XVI], [Section 16.2(a)] to pay the Taxes. Each such monthly Tax Payment shall be due and payable at the same time and manner as the payment of Minimum Guaranteed Rental as shall be that amount set out in Article I, [Section 1.1(l)] above. The initial Tax Payment is based upon [[Organization B:Organization]]'s proportionate share of the estimated amount of Taxes for the year of the execution of this Lease, and such monthly Tax Payment is subject to increase or decrease as determined by [[Organization A:Organization]] to reflect an accurate monthly payment of [[Organization B:Organization]]'s estimated proportionate share of the Taxes. [[Organization B:Organization]]'s Tax Payment shall be reconciled annually. If [[Organization B:Organization]]'s total annual Tax Payments are less than [[Organization B:Organization]]'s actual pro rata share of the Real Estate Taxes. The term “Real Estate Taxes” herein shall mean the total of all taxes, fees, charges and assessments, general and special, ordinary and extraordinary, foreseen and unforeseen, which become due or payable against or upon the Building or the parcel(s) of land upon which it is located. All reasonable attorneys’ fees and other reasonable costs and expenses incurred by [[Organization A:Organization]] during negotiations for or contests of the amount of Real Estate Taxes shall be included within the term “Real Estate Taxes”. The term “Real Estate Taxes” shall not include # federal, state or local income taxes, or any other tax measured by [[Organization A:Organization]]’s income or the rents paid at the Building; # franchise, gift, transfer, excise, transfer, capital stock, estate, succession or inheritance taxes; and # penalties or interest on late payment of Real Estate Taxes. In the event the taxing authorities include in the Real Estate Taxes the value of any machinery, equipment, inventory or other personal property or assets of [[Organization B:Organization]], thenTaxes, [[Organization B:Organization]] shall pay, as Additional Rent, all ofpay to [[Organization A:Organization]] upon demand the taxes attributable to such items in addition to itsdifference. If the total annual Tax Payments are more than [[Organization B:Organization]]'s actual pro rata share of said aforementioned Real Estate Taxes.the Taxes, [[Organization A:Organization]] shall retain such excess and credit it to future Tax Payments due from [[Organization B:Organization]]. [[Organization B:Organization]]'s proportionate share of the taxes shall be computed by multiplying the Taxes by a fraction, the numerator of which shall be the number of square feet of floor area in the Demised Premises and the denominator of which shall be the number of gross leasable square feet of the Demised Premises and such other portions of the property which are so assessed with the Demised Premises. For any tax year during which this Lease is not in effect for the entire tax year, the proportionate share of Taxes payable by [[Organization B:Organization]] hereunder shall be prorated on a daily basis based on the number of days in such tax year that this Lease is in effect.
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