Carbonite 2011 Annual Report Download - page 97

“ Taking ” shall mean and refer to the Property, or some portion thereof, having been taken under the power of eminent domain or condemned by any
competent authority for any public or quasi-public use or purpose, or sold to prevent the exercise thereof.
“ Target Commencement Date ” shall mean and refer to the Target Commencement Date set forth in Item 4 of the Basic Lease Information.
“ Target Humidity Range ” shall mean and refer to the range of relative humidity percentages described in Item 4(b) of Exhibit “F”, Table A.
“ Target Temperature Range ” shall mean and refer to the range of temperatures described in Item 4(a) of Exhibit “F” , Table A.
“ Tax Base Year” shall mean and refer to calendar year 2012 .
“ Taxes – Equipment ” shall mean and refer to all governmental fees, taxes, tariffs and other charges levied directly or indirectly against any personal
property, fixtures, machinery, equipment, apparatus, systems, connections, interconnections and appurtenances located in, or used by Tenant in or in
connection with, the Tenant Space.
“ Taxes – Other ” shall mean any excise, sales, privilege or other tax, assessment or other charge (other than income taxes) imposed, assessed or levied
by any governmental or quasi governmental authority or agency upon Landlord on account of (i) the Rent (and other amounts) payable by Tenant
hereunder (or any other benefit received by Landlord hereunder), including any gross receipts tax, license fee or excise tax levied by any governmental
authority, (ii) this Lease, Landlord’s business as a lessor hereunder, and/or the possession, leasing, operation, management, maintenance, alteration,
repair, use or occupancy of any portion of the Tenant Space (including any applicable possessory interest taxes), (iii) this transaction or any document to
which Tenant is a party creating or transferring an interest or an estate in the Tenant Space, or (iv) otherwise in respect of or as a result of the agreement
or relationship of Landlord and Tenant hereunder.
“ Taxes – Real Property ”
shall mean and refer to all taxes, assessments and governmental charges (foreseen or unforeseen, general or special, ordinary
or extraordinary) whether federal, state, county or municipal and whether levied by taxing districts or authorities presently taxing the Property or by
others subsequently created or otherwise, and any other taxes and assessments attributable to the Property or its operation, and all taxes of whatsoever
nature that are imposed in substitution for or in lieu of any of the taxes, assessments or other charges herein defined; provided, however, Taxes – Real
Property shall not include taxes paid by tenants of the Property as a separate charge on the value of their leasehold improvements, death taxes, excess
profits taxes, franchise taxes and state and federal income taxes, except to the extent imposed in substitution for or in lieu of all or any portion of Taxes –
Real Property, and shall not include any Taxes – Other.
“ Taxes – Real Property (Actual)” shall mean and refer, with respect to each calendar year during the Term of the Lease, to the actual Taxes – Real
Property for such year.
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