OR OTHER IMPOSITIONS OF
EVERY KIND AND NATURE, WHETHER GENERAL, SPECIAL, ORDINARY OR EXTRAORDINARY,
(INCLUDING, WITHOUT LIMITATION, REAL ESTATE TAXES, GENERAL AND SPECIAL
ASSESSMENTS, TRANSIT TAXES, LEASEHOLD TAXES OR TAXES BASED UPON THE RECEIPT OF
RENT, INCLUDING GROSS RECEIPTS OR SALES TAXES APPLICABLE TO THE RECEIPT OF RENT,
UNLESS REQUIRED TO BE PAID BY TENANT, PERSONAL PROPERTY TAXES IMPOSED UPON THE
FIXTURES, MACHINERY, EQUIPMENT, APPARATUS, SYSTEMS AND EQUIPMENT, APPURTENANCES,
FURNITURE AND OTHER PERSONAL PROPERTY USED IN CONNECTION WITH THE PROJECT, OR
ANY PORTION THEREOF), WHICH SHALL BE PAID OR ACCRUED DURING ANY EXPENSE YEAR
(WITHOUT REGARD TO ANY DIFFERENT FISCAL YEAR USED BY SUCH GOVERNMENTAL OR
MUNICIPAL AUTHORITY) BECAUSE OF OR IN CONNECTION WITH THE OWNERSHIP, LEASING
16
AND OPERATION OF THE PROJECT, OR ANY PORTION THEREOF.
NOTWITHSTANDING ANYTHING
TO THE CONTRARY SET FORTH IN THIS SECTION 4.2.5, TAX EXPENSES SHALL SPECIFICALLY
EXCLUDE BONDS AND/OR ASSESSMENTS WHICH HAVE BEEN OR, SUBSEQUENT TO THE DATE
HEREOF ARE, LEVIED FOR THE PURPOSE OF FUNDING THE COSTS OF CONSTRUCTION OF ALL
OR ANY PORTION OF THE PROJECT OR CAPITAL IMPROVEMENTS CONSTRUCTED THEREIN OR
ABOUT, OR ON-OR OFF-SITE IMPROVEMENTS WITH RESPECT THERETO, TO THE EXTENT SUCH
IMPROVEMENTS ARE THE SOLE RESPONSIBILITY OF LANDLORD UNDER THE TCCS OF THIS
LEASE.
TAX EXPENSES SHALL INCLUDE, WITHOUT LIMITATION:
(I) ANY
TAX ON THE RENT, RIGHT TO RENT OR OTHER INCOME FROM THE PROJECT, OR ANY PORTION
THEREOF, OR AS AGAINST THE BUSINESS OF LEASING THE PROJECT, OR ANY PORTION
THEREOF; (II) ANY ASSESSMENT, TAX, FEE, LEVY OR CHARGE IN ADDITION TO, OR IN
SUBSTITUTION, PARTIALLY OR TOTALLY, OF ANY ASSESSMENT, TAX, FEE, LEVY OR CHARGE
PREVIOUSLY INCLUDED WITHIN THE DEFINITION OF REAL PROPERTY TAX, IT BEING
ACKNOWLEDGED BY TENANT AND LANDLORD THAT PROPOSITION 13 WAS ADOPTED BY THE
VOTERS OF THE STATE OF CALIFORNIA IN THE JUNE 1978 ELECTION ("PROPOSITION 13")
AND THAT ASSESSMENTS, TAXES, FEES, LEVIES AND CHARGES MAY BE IMPOSED BY
GOVERNMENTAL AGENCIES FOR SUCH SERVICES AS FIRE PROTECTION, STREET, SIDEWALK AND
ROAD MAINTENANCE, REFUSE REMOVAL AND FOR OTHER GOVERNMENTAL SERVICES FORMERLY
PROVIDED WITHOUT CHARGE TO PROPERTY OWNERS OR OCCUPANTS, AND, IN FURTHER
RECOGNITION OF THE DECREASE IN THE LEVEL AND QUALITY OF GOVERNMENTAL SERVICES
AND AMENITIES AS A RESULT OF PROPOSITION 13, TAX EXPENSES SHALL ALSO INCLUDE ANY
GOVERNMENTAL OR PRIVATE ASSESSMENTS OR THE PROJECT'S CONTRIBUTION TOWARDS A
GOVERNMENTAL OR PRIVATE COST-SHARING AGREEMENT FOR THE PURPOSE OF AUGMENTING OR
IMPROVING THE QUALITY OF SERVICES AND AMENITIES NORMALLY PROVIDED BY
GOVERNMENTAL AGENCIES; (III) ANY ASSESSMENT, TAX, FEE, LEVY, OR CHARGE ALLOCABLE
TO OR MEASURED BY THE AREA OF THE PREMISES OR THE RENT PAYABLE HEREUNDER,
INCLUDING, WITHOUT LIMITATION, ANY BUSINESS OR GROSS INCOME TAX OR EXCISE TAX
WITH RESPECT TO THE RECEIPT OF SUCH RENT, OR UPON OR WITH RESPECT TO THE
POSSESSION, LEASING, OPERATING, MANAGEMENT, MAINTENANCE, ALTERATION, REPAIR, USE
OR OCCUPANCY BY TENANT OF THE PREMISES, OR ANY PORTION THEREOF; AND (IV) ANY
ASSESSMENT, TAX, FEE, LEVY OR CHARGE, UPON THIS TRANSACTION OR ANY DOCUMENT TO
WHICH TENANT IS A PARTY, CREATING