Abatements. For the purpose of determining payments due from Tenant under this Article VI, Taxes and Impositions shall be the Taxes and Impositions assessed until such time as the Taxes and Impositions are reduced by abatement, refund or rebate. If any abatement, refund or rebate is granted, the Taxes or Impositions, as applicable, shall be the Taxes or Impositions as so reduced. Any rebate, refund or abatement received subsequent to payment of such Taxes or Impositions by Tenant shall be refunded to Tenant by Landlord within ten (10) Business Days of receipt by Landlord, even if the abatement is received after the expiration or earlier termination of this Lease, and such obligations shall survive termination of this Lease. If Landlord or any taxing authority applies any rebate, refund or abatement as a credit against Taxes or Impositions due for a period following the termination of this Lease, then the rebate, refund or abatement shall be deemed received by Landlord upon granting of the rebate, refund or abatement. If Landlord or any taxing authority fails to refund any rebate, refund or abatement to Tenant within thirty (30) days after receipt (other than any rebate, refund or abatement that will be applied as a credit against Taxes and Impositions due for another period), Tenant shall be entitled to interest calculated at the Default Interest Rate from the date payment was due until the date payment is made. Any rebate, refund or abatement realized by Landlord prior to payment of the Taxes and Impositions by Tenant shall result in the immediate reduction of Taxes and Impositions then due from Tenant to Landlord.
Abatements. For the purpose of determining payments due from Lessee under this Article VI, Taxes shall be the Taxes assessed until such time as the Taxes are reduced by abatement, refund or rebate. If any abatement, refund or rebate is granted, the Taxes, as applicable, shall be the Taxes as so reduced. Any rebate, refund or abatement received subsequent to payment of such Taxes by Lessee shall be refunded to Lessee by Lessor within ten (10) Business Days of receipt by Lessor, even if the abatement is received after the expiration or earlier termination of this Lease, and such obligations shall survive termination of this Lease. If Lessor or any taxing authority applies any rebate, refund or abatement as a credit against Taxes due for a period following the termination of this Lease, then the rebate, refund or abatement shall be deemed received by Lessor upon granting of the rebate, refund or abatement. If Lessor or any taxing authority fails to refund any rebate, refund or abatement to Lessee within thirty (30) days after receipt (other than any rebate, refund or abatement that will be applied as a credit against Taxes due for another period), Lessee shall be entitled to interest calculated at the Default Interest Rate from the date payment was due until the date payment is made. Any rebate, refund or abatement realized by Lessor prior to payment of the Taxes by Lessee shall result in the immediate reduction of Taxes then due from Lessee to Lessor.
Abatements. 1. The Firm shall be responsible for acquiring all state and local permits and furnishing a copy of these permits to the DEPARTMENT. This includes notification of the North Carolina Department Of Health And Human Services, Division Of Epidemiology, Health Hazards Control Branch, as well as any local agencies.
Abatements. (i) Landlord may at any time contest any valuation of the Land, the Building or the Premises, or any tax rate, or the amount of any Taxes, by legal proceedings or in such other manner as it may deem suitable. If Tenant desires to institute such a contest, Tenant shall notify Landlord of such desire on or before the date which is thirty (30) days before the deadline to contest the same. Unless Landlord notifies Tenant at least ten (10) business days before such deadline that Landlord will institute such a contest, then, provided that during such real estate tax year Tenant’s Share is at least fifty percent (50%), Tenant shall have the right during or after the Term of this Lease to contest or review any valuation of the Building or the Premises, or any tax rate, of the amount of any Taxes for such real estate tax year, by legal proceedings or in such other manner as it may deem suitable. If Tenant elects to institute such a proceeding, Tenant shall conduct it in the name of Tenant, provided that if any such proceeding which Tenant elects to institute must be prosecuted in the name of Landlord, Landlord shall permit Tenant to institute and prosecute it in the name of Landlord as provided above, but Landlord shall not settle any proceeding so instituted by Tenant without Xxxxxx’s prior written approval in each instance. If any such proceeding is instituted in the name of Tenant, Tenant shall not settle such proceeding without Landlord’s prior written approval in each instance, which approval shall not be unreasonably withheld. If Tenant institutes such a proceeding, Tenant (A) shall prosecute it diligently and in good faith at all times, (B) shall prosecute it at its sole cost and expense (subject to reimbursement as provided below in this Section 5.3(d), (C) shall periodically advise Landlord as to the status thereof, and (D) shall not abandon the same without first offering to Landlord the right to prosecute the same (and in the event that Landlord elects to continue such proceeding, Tenant shall promptly assign and turn over to Landlord the control of such proceeding, and thereafter Tenant shall have no further liability or responsibility in connection therewith). Landlord (at no cost to Landlord) shall cooperate with Tenant to the extent reasonably necessary to enable Tenant to institute and prosecute such proceeding including, without limitation, providing all information and documents reasonably requested by Xxxxxx, executing all documents necessary to ...
Abatements. Div Qty Item Frequency Notes RHSP 1 Field Jacket Replaced based on wear and tear City Logo 3 Shirts Replaced based on wear and tear City logo 1 Raingear Replaced based on wear and tear Parks, Recreation and Community Services (PRCS)
Abatements. This section 1.4 only applies if the Operator is a Major Operator. Subject to the Performance Regime, in any Operating Week, the abatement amount will be calculated as the aggregate Performance Abatements accrued in the Operating Week.
Abatements. Tenant’s Pro Rata Share of all real property Taxes as aforesaid shall be based upon such Taxes “as abated” or finally determined; out of any refund of such Taxes, there shall first be deducted and paid to Landlord, the cost of securing such refund (including but not limited to appraiser’s fees and attorneys’ fees); and Tenant shall be entitled to its Pro Rata Share of the balance of such refund, which shall be computed in the same manner that Xxxxxx’s Pro Rata Share of Taxes for the year(s) to which such refund is attributable was computed. Landlord shall have sole control of all tax abatement proceedings. The pendency of an abatement proceeding or the withholding of any tax payments by Landlord shall in no way affect Tenant’s obligation to pay Taxes as provided above, and Tenant shall only be entitled to its portion of the proceeds or benefits of any abatement when such proceeds or benefits are finally determined and actually received by Landlord.
Abatements. Sublessor reserves the right to make partial payments and/or file tax abatement proceedings in which case the Sublessor shall be responsible for any costs, interest or penalties associated therewith, and the Sublessee shall not be responsible for any amounts beyond the tax payment obligation under Paragraph 5.1 above. Sublessee shall have the right at its sole cost and expenses to file tax abatement proceedings after providing a 10 day notice of such action with the Sublessor and after a consultation discussion with the Sublessor which shall occur not later than 10 days after the Sublessee's notice. Sublessee's rights hereunder shall not alter the Sublessee's obligation under Paragraph 5.1 above.
Abatements. If any part of the Phase 1 Building or the Phase 2 Building is defective and causes disruption to the normal operations of the Project or if MCE Leisure or any MCE Designated Entity suffers Loss or incurs costs in relation to any such defect (of any description and whether directly or indirectly), the Phase 1 Building and Phase 2 Building rental payments under the Belle Lease will be abated until the relevant defect is rectified and MCE Leisure is able to carry its normal operations on the Project. Cooperation Agreement Exhibit A Layou1f.Plan of the Land and Building Stmctures Cooperation Agreement Exhibit B FCPA Certificate In consideration of the MCE Parties agreeing to enter into the Cooperation Agreement with the Philippine Parties on 25 October 2012 (“Cooperation Agreement”), without limiting clauses 9.01 to 9.06 of the Cooperation Agreement, I, the undersigned, being an authorized signatory of each of the Philippine Parties certify for and on behalf of each Philippine Party that:
Abatements. Real Estate Taxes upon the Land, the Building, and Common Areas for any Tax Year shall mean such amounts as shall be finally determined after deducting abatements, refunds or rebates, if any, less the reasonable cost and expenses of obtaining the same, to be the Real Estate Taxes payable with respect to the Land, the Building, and the Common Areas due from Tenant to Landlord in accordance with the provisions of this Article 5. Real Estate Taxes upon the Land, the Building, and the Common Areas for any Tax Year shall be deemed to be the Real Estate Taxes assessed for such year until such time as an abatement, rebate or refund shall be made for any Tax Year. An appropriate adjustment or refund shall be made in the amount due from or paid by Tenant to Landlord on account of abatement, rebate or refund less the reasonable cost and expense of obtaining the same, approved in advance by Tenant, within thirty (30) days after receipt of same by Landlord. Landlord shall have the right, but not the obligation, to seek such abatement, refund or rebate. If Landlord declines to seek such abatement, refund or rebate following a written request therefor from Tenant, Landlord shall so notify Tenant within five (5) business days following such request, and thereafter Tenant may seek such abatement, refund or rebate, at Tenant’s sole cost and expense.
