8.1. SR 03-21-2016 - Laserfiche WebLink

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(iv) any interest, penalties or additions to Tax imposed against or payable by Landlord or any affiliate thereof that are the result (in whole or in part) of the failure of such entity to prepare and file any return properly and timely; and/or (v) Taxes that would not have been imposed but for any failure of Landlord or any affiliate thereof to comply with certification, information, documentation, reporting or other similar requirements (each, a "Requirement") concerning the nationality, residence, identity or connection with the jurisdiction imposing such Taxes, if such compliance is required by statute or regulation of the jurisdiction imposing such Taxes as a precondition to relief or exemption from such Taxes and Landlord or said affiliate was eligible to comply with such Requirement; provided, however, that the exclusion set forth in this clause (v) shall not apply if such failure to comply is due to a failure of the Tenant to provide reasonable assistance or response in complying with such request. 5.2 Payment of Taxes. Tenant shall pay directly to the taxing authority, not less than fifteen (15) days before any fine, penalty, interest or cost is incurred, all Taxes payable during the Term. In the event that the manner of collection of Taxes should require that any Taxes be paid to the applicable taxing authority by Landlord, Tenant shall pay such Taxes to Landlord within thirty (30) days of receipt of a copy of reasonable evidence showing the amount of Taxes due. Tenant shall pay, at its sole cost and expense, in timely fashion to the taxing authorities, or to Landlord if Landlord is required to pay such Taxes, that portion of the Taxes in the nature of real estate taxes and assessments payable during the year in which the Term expires which the number of days in said year within the Term bears to 365, and Landlord shall pay to the taxing authorities, or to Tenant if paid by Tenant, the balance of such Taxes for said year (if any). Tenant will pay all Taxes due and payable in the year in which the Commencement Date occurs. The parties intend that, during the Term, Landlord has no obligation to pay Taxes, except as set forth in this Article 5. Tenant shall accurately prepare for filing and file, unless Landlord is required to file, in which case Tenant shall deliver to Landlord reasonably in advance of the filing due date, all returns, reports, statements and other filings regarding Taxes for which Tenant is required to pay hereunder. 5.3 Monthly Escrow for Taxes. If required by any Mortgagee pursuant to the terms of a Mortgage encumbering the Premises, in lieu of Tenant paying the Taxes directly, Tenant will pay monthly to Landlord, or to a designated third -party escrow agent, on or before the first business day of each calendar month, one -twelfth (1/12th) of the amount of the Taxes payable by Tenant for the calendar year in question, as reasonably estimated by Landlord. Landlord will cause the amounts held in escrow pursuant to this Section to be paid to the appropriate taxing authority not less than fifteen (15) days before any fine, penalty, interest or cost is incurred. To the extent the amount in the escrow account is inadequate to pay all of the Taxes for which Tenant is obligated hereunder, then within ten (10) days after written request from Landlord, Tenant will pay such additional funds into the escrow account as may be necessary to pay the next installment of Taxes in full. D